Issue: Consolidation of grievances for hearing, Ruling Date: December 13, 2000, Agency Name: Department of Rehabilitative Services, Ruling #2000-148.

December 13, 2000 COMPLIANCE RULING OF DIRECTOR

In the Matter of Department of Rehabilitative Services (12/13/00)

ISSUE:

Should the grievances filed by the grievant on October 6, and 23, 2000 be consolidated for hearing?

RULING:

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)).

EXPLANATION:

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.¹

Neil A.G. McPhie, Esquire
Director

June M. Foy
Employment Relations Consultant

¹See Grievance Procedure Manual, Definitions, page 24, defining "workdays" as the "Normal work schedule (excluding authorized leave time) for the individual responsible for taking the required action."
²The Transmission Verification Report documents that the notification was received in the central office at 12:59 hours on 03/22/01.
³See Grievance Procedure Manual, § 6, pages 16-18.
⁴This five workday period also gives the agency an opportunity to provide the grievant with an explanation or clarification regarding its actions, which in many instances may avoid a request to this Department for a compliance ruling