Issue: Consolidation of grievances for hearing, Ruling Date: December 13, 2000, Agency Name: Department of Rehabilitative Services, Ruling #2000-148.
COMMONWEALTH of VIRGINIA
Department
of Employment Dispute Resolution
December 13, 2000 COMPLIANCE RULING OF DIRECTOR
In the Matter of Department of Rehabilitative Services (12/13/00)
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ISSUE: |
Should the grievances
filed by the grievant on October 6, and 23, 2000 be consolidated for hearing? |
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RULING:
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This Department holds that consolidation of the grievances cited above is appropriate under the circumstances. Thus, the grievances should proceed to hearing as one grievance. Please note, however, that consolidation should not prevent the hearing officer from addressing the grievances separately as needed for purposes of establishing procedural aspects of the hearing or in determining the substantive merits of each grievance. This Department's rulings on matters of compliance are final and nonappealable. (See Va. Code § 2.1-116.03(5)). |
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On September
28, 2000, the grievant received a Group II Written Notice, with five days
suspension, for failure to follow supervisor's instructions. The grievant
initiated a grievance challenging the issuance of the Written Notice on
October 6. On October 12, 2000, the grievant received her annual performance
evaluation with an overall rating of Fair But Needs Improvement. The grievant
initiated another grievance on October 23, alleging that her performance
evaluation was arbitrary or capricious.
This Department has
long held that grievances may be consolidated by mutual agreement of the
parties, or absent such an agreement, by this Department whenever the
grievances challenge the same action or series of actions or arise out
of the same facts. In this case, the parties have mutually agreed to the
consolidation. Consolidation should avoid unnecessary duplication of testimony
and evidence.
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Neil A.G. McPhie, Esquire
Director
June M. Foy
Employment Relations Consultant