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EMC denies hearing for recruitment/FMLA grievance, citing lack of statutory authority
Summary
Grievance 10240 (Christopher Clifton) alleging recruitment discrimination during FMLA leave was denied a hearing after counsel advised the EMC lacks statutory authority to provide the requested relief.
The Employee‑Management Committee denied a request for a hearing on grievance 10240 (a recruitment dispute tied to Family and Medical Leave Act leave) after committee counsel advised that the EMC lacks the statutory authority to redress the relief requested.
Deputy Attorney General Jordan Laub told members, "Under statutory authority, the EMC lacks the ability to redress this grievance and moves to dismiss," noting the committee historically hears punitive actions such as reprimands or demotions but not the type of recruitment relief sought in the filing. Ava Case moved to deny the hearing and Doug Fromm seconded; the motion carried on a committee vote.
Members discussed appropriate motion wording (deny hearing vs. dismiss for lack of jurisdiction/statutory authority) and requested care in phrasing to reflect the committee's limited remedial scope under statute.
