Mariscal v. LA City Employee Rel. Bd.
Plaintiff and appellant Dan Mariscal (plaintiff) filed an unfair employee relations practice claim against the City of Los Angeles Department of Public Works (the Department) for purportedly denying him a promotion in retaliation for engaging in protected activity. Plaintiff alleged that he was denied certification as an eligible candidate for a supervisory position because of his activities as a union shop steward representing employees in grievance claims against the Department. Plaintiff further alleged that article X, section 1010(f) of the Los Angeles City Charter (City Charter) required the Department to certify him for the position because his name appeared on a list of eligible candidates at least three times. The City of Los Angeles Employee Relations Board dismissed plaintiffs claim. Plaintiff petitioned for administrative mandamus and asked the trial court to interpret section 1010 (f) of the City Charter to require plaintiffs certification. The trial court denied plaintiffs petition, and this appeal followed. Court affirm the judgment.
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