Issue: Compliance/Resolution Steps; Ruling #2001-081; Ruling Date: July 18, 2001; Agency: Department of Corrections; Outcome Out of compliance-Agency.

COMMONWEALTH of VIRGINIA

Department of Employment Dispute Resolution

COMPLIANCE RULING OF DIRECTOR

In the matter of Department of Corrections

Ruling Number 2001-081
July 18, 2001

ISSUE:

Did the agency violate the grievance procedure by failing to allow the grievant to bring his supervisor to his second resolution step meeting?

RULING:

Yes. The grievance procedure requires management to allow a grievant to bring an individual of the grievant’s choice to attend the second resolution step meeting.1 The agency violated a substantial requirement of the grievance procedure by failing to allow the grievant to bring his supervisor (his individual of choice) to the second resolution step meeting. However, the agency corrected the violation on a timely basis without undue harm or prejudice to the grievant, and therefore a decision in the grievant’s favor on any qualifiable issued will not be granted. This Department’s rulings on matters of compliance are final and nonappealable. (See Va. Code § 2.1-116.03(5)). By copy of this ruling, the grievant and the agency are advised that the separate qualification ruling request that is pending with this Department will be issued on the merits as to whether this grievance qualifies for a hearing.

EXPLANATION:

On April 4, 2001, the grievant attended the second resolution step meeting for his March 15, 2001 grievance. The second step respondent refused to allow the grievant to bring his supervisor with him as his individual of choice. On April 10, 2001, the grievant sent his request for a compliance ruling to the Director of this Department. On April 11, 2001, the grievant sent the Warden a letter to give notice of the agency’s noncompliance.2 The agency responded within five-workdays by scheduling another second step meeting, which was held on April 16, 2001. The grievant was allowed to bring his supervisor to this meeting.

Neil A.G. McPhie, Esquire
Director

Felicia H. Johnson
Employment Relations Consultant

1 Grievance Procedure Manual §3.2, page 8.
2 The grievant did not send his noncompliance letter to the Agency Head as required by the grievance procedure. See Grievance Procedure Manual § 6.3. However, the fact that the grievant sent his noncompliance letter to the Warden instead of the Agency Head would not affect the outcome of this ruling. The agency was ultimately placed on notice of the procedural violation and it took appropriate action within the time period required by the grievance process.