By A. Lee Scott

In California, a Skelly hearing provides union members with an opportunity to respond to written allegations before discipline is imposed. During the hearing, a member may dispute the allegations, provide additional context, present mitigating information or address concerns raised by the employer.

Any union member who submits a timely request is entitled to a Skelly hearing. A member’s receipt of a Notice of Adverse Action triggers the timeline for requesting a Skelly hearing. Failure to submit a request within the required time generally results in a waiver of the right to the hearing.

What to expect at a Skelly hearing.

If a member requests a Skelly hearing, it must be scheduled, conducted and decided before the effective date of the proposed adverse action, unless the member waives that right in writing.

Members have the right to representation during a Skelly hearing. However, the representative may not be someone who was directly involved in the incident that led to the proposed discipline.

The member and their representative may present mitigating facts and arguments to the Hearing Officer orally, in writing or both. Affidavits and written statements may also be submitted for consideration. Because a Skelly hearing is not a formal evidentiary proceeding, members generally are not permitted to call witnesses on their behalf.

The Hearing Officer may ask questions concerning the allegations, supporting evidence or information presented by the member or their representative. The Hearing Officer may also limit presentations that are repetitive, argumentative or unrelated to the issues under review.

Members and representatives are generally not permitted to question the Hearing Officer, except to acknowledge receipt of submitted affidavits or written statements. In most cases, the Hearing Officer will not respond to arguments presented during the hearing or disclose any recommendation before a decision is issued.

After the hearing concludes, the Hearing Officer independently evaluates the information presented and recommends one of the following actions to the employer:
* Additional investigation or information is needed.
* The proposed adverse action should proceed without modification.
* The factual allegations should be amended and/or the proposed penalty reduced.
* The proposed adverse action should be withdrawn in its entirety.

Key Take-Aways