Winograd

Metro. Water Dist. of S. Cal. v. Winograd

Good Law
234 Cal. Rptr. 3d 622·24 Cal. App. 5th 881
Court of Appeal of CaliforniaMay 23, 2018B276898California5,100 words

Opinion

lead Opinion

Chavez, J.

*883 American Federation of State, County, & Municipal Employees, Local 1902, AFL/CIO (AFSCME), real party in interest and appellant, appeals from a trial court decision granting a writ of administrative mandamus filed by respondent Metropolitan Water District of Southern California (the District). The District filed the petition *625 under Code of Civil Procedure section 1094.5 to challenge the decision of a hearing officer on an AFSCME grievance. The trial court set aside the hearing officer's decision on the grounds that the hearing officer's decision (1) granted relief on an issue that was not ripe; and (2) exceeded the scope of the issue before him.

We agree that the matter did not present a ripe controversy. We further agree that the hearing officer exceeded the scope of the issue before him. Finally, under the circumstances of this case, we conclude the hearing officer exceeded his authority pursuant to the Memorandum of Understanding between the parties (MOU). Therefore, we affirm the judgment of the trial court.

FACTUAL BACKGROUND

The parties

AFSCME is the exclusive representative of employees in the general employees bargaining unit of the District.

The District is…

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