Ex-College Worker Loses Bid for Job

Saying he failed to prove his case, a state labor board attorney has dismissed a complaint by a former Ventura College employee who said he was denied the right to compete for a job by an illegal clause in a teachers’ union contract.

Frederick Mickle Jr. accepted a temporary position as a student activities specialist last fall under the understanding that he would be considered for the permanent slot when it opened this year.

But after ranking among the top applicants for the job in initial interviews, Mickle said he was told by college officials that, in accordance with the union contract, the position was open only to current employees.

The contract requires the district to promote from within its ranks before considering outside applicants.

Tammy L. Samsel, a labor board attorney, found that the promotional system was not a violation of the state Educational Employment Relations Act. She also found that Mickle had failed to demonstrate that the clause was “arbitrary, discriminatory or in bad faith.”

Mickle has appealed the decision and last week filed a similar claim with the state Equal Employment and Housing Office. He left the position, which is now frozen, in May.

Meanwhile, the Ventura County Community College District is also questioning the legality of the clause.

In April, the district filed suit with a Superior Court judge to determine whether the clause violated state affirmative action and equal opportunity laws.

The Superior Court case will be heard next week.