Forrest
Forrest v. Trustees of California State University & Colleges
Opinion
Opinion
Klein, J.
Appellants, Trustees of the California State University and Colleges (Trustees) appeal from a judgment granting respondent Tom M. Forrest’s (Forrest) petition for a writ of mandate directing the Trustees to process Forrest’s grievance, pay him back salary and allow him reasonable attorneys’ fees and costs.
Because Forrest’s grievance hearing request was timely filed, we affirm the issuance of the writ and award of attorneys’ fees and costs, but reverse as to the order of backpay.
Procedural and Factual Background
On March 9, 1981, Forrest, a probationary employee at California State Polytechnic University (University), received notice of his termination for failure to pass his probationary period as a custodian. The termination was to be effective March 13, 1981.
On April 26, 1981, Forrest filed a request for a grievance hearing challenging his dismissal in accordance with executive order 262 (Order) through his employee organization, California State Employees’ Association (CSEA). The Order sets forth the procedure by which University nonacademic and administrative employees may “grieve” various adverse decisions of the employer.