ISSUE:

Should the grievances filed by the grievant on November 17, and December 12, 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 November 2, 2000, the grievant received a Group II Written Notice, with one day suspension, for threatening behavior toward a coworker. The grievant initiated a grievance challenging the issuance of the Written Notice on November 17. On December 8, 2000, the grievant received a Group III Written Notice and termination for the same incident, and the original Group II Written Notice was rescinded (with back pay and benefits restored for the one day suspension). The grievant initiated another grievance on December 12, challenging the issuance of the second Written Notice and termination.

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. Although the Group II Written Notice and suspension are rescinded, and thus not at issue, the concerns raised, and the evidence proffered, in the grievant's first grievance are hereafter consolidated into the second grievance. Consolidation should avoid unnecessary duplication of testimony and evidence.