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How Do I Appeal A State Panel Grievance Hearing
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<blockquote data-quote="JonFrum" data-source="post: 938430" data-attributes="member: 18044"><p>I don't know how you appeal.</p><p></p><p>Are you saying you were found guilty, but your sentence was reduced from a three-day suspension to a one-day suspension? Like they split the difference as a compromise?</p><p></p><p>If you weren't given an appeal form, or advised of your right to appeal, then I'd <u>guess</u> there is no appeal.</p><p></p><p>Your case is a factual dispute between two parties. A "he said, she said." Basically the "judges" (and I use the term loosely,) believed Management and not you. Normally, in law, you can't appeal determinations of fact, only determinations of interpretation, or errors in procedure.</p><p></p><p>Were any witnesses under oath? Even in a real courtroom trial, guilty witnesses and their allies lie all the time and almost never get prosecuted for perjury. If Management wasn't under oath, you can imagine how easy it is to lie. (Guilty union members lie too, of course.)</p><p></p><p>Maybe you can file a case in a real Court if you can prove you were <u>very</u> poorly represented, but that's difficult to prove.</p><p></p><p>In the Rules of Procedure did it say the proceedings will not follow strict courtroom legalitity? This is why miscariges of justice happen so frequently. It's a bunch of good ol' boys makin' deals and decisions. Not professional jurists.</p><p></p><p>Do you know how the "judges" voted? What union officers voted against you??? Inquiring minds want to know!!!</p><p></p><p>Tell us some details if you're willing so readers will understand how these "trials" operate.</p></blockquote><p></p>
[QUOTE="JonFrum, post: 938430, member: 18044"] I don't know how you appeal. Are you saying you were found guilty, but your sentence was reduced from a three-day suspension to a one-day suspension? Like they split the difference as a compromise? If you weren't given an appeal form, or advised of your right to appeal, then I'd [U]guess[/U] there is no appeal. Your case is a factual dispute between two parties. A "he said, she said." Basically the "judges" (and I use the term loosely,) believed Management and not you. Normally, in law, you can't appeal determinations of fact, only determinations of interpretation, or errors in procedure. Were any witnesses under oath? Even in a real courtroom trial, guilty witnesses and their allies lie all the time and almost never get prosecuted for perjury. If Management wasn't under oath, you can imagine how easy it is to lie. (Guilty union members lie too, of course.) Maybe you can file a case in a real Court if you can prove you were [U]very[/U] poorly represented, but that's difficult to prove. In the Rules of Procedure did it say the proceedings will not follow strict courtroom legalitity? This is why miscariges of justice happen so frequently. It's a bunch of good ol' boys makin' deals and decisions. Not professional jurists. Do you know how the "judges" voted? What union officers voted against you??? Inquiring minds want to know!!! Tell us some details if you're willing so readers will understand how these "trials" operate. [/QUOTE]
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