Aguilar v. Socorro Indep. Sch. Dist
In Aguilar v. Socorro Indep. Sch. Dist., 296 S.W.3d 785 (Tex. App.--El Paso 2009, no pet.), the employee's attorney filed a grievance and attended the arbitration hearing but refused to participate in the hearing. Aguilar, 296 S.W.3d at 786-87.
Aguilar's attorney admitted that the grievance was filed simply to comply with the administrative procedures and that the proper forum would be a court of law. Id. at 790.
The El Paso court stated that "by not complying with the arbitrator's requests for information or presenting information that would allow the arbitrator to reach a decision, Aguilar's action did not serve the purpose of the statute--to afford the employer 'the opportunity to correct its errors by resolving disputes before being subjected to the expense and effort of litigation.'" Id.
Asserting that "Aguilar's tactical decision completely circumvented the purpose of Tex. Gov't Code Section 554.006," the court affirmed the trial court's dismissal for lack of jurisdiction. Id.