Issue: Compliance-30-day rule; Ruling Date: June 22, 2001; Ruling #2001-088; Agency: Department of Correctional Education; Outcome: Grievant Out of Compliance

In the matter of The Department of Correctional Education

Ruling Number 2001- 088

June 22, 2001

ISSUE:

Did the grievant initiate his grievance in a timely manner?

RULING:

There is insufficient evidence that the grievance was timely filed within the 30-calendar day period or that there was just cause for any delay. The parties are advised that the grievance should be marked as concluded due to noncompliance and no further action is required. This Department’s rulings on matters of compliance are final and nonappealable. (See Va. Code § 2.1-116.03(5)).

EXPLANATION:

On March 13, 2001, the grievant met with the Principal, who informed him that his travel voucher would not be approved. The grievant decided to challenge that decision and states that he placed a Grievance Form A in the Principal’s mailbox on Friday, April 6, 2001, at about 4:15 p.m., on his way out of the office. All staff were out of the office for training the next week. The Principal states that she received and dated the Form A on Wednesday, April 18, 2001, upon her return to the work site from the training.

The grievance procedure provides that an employee must initiate a written grievance within 30 calendar days of the event or action that is the basis of the grievance, unless there is just cause for the delay. (See Va. Code § 2.1–116.05(D); Grievance Procedure Manual § 2.4(1), page 6). The 30-day time frame begins when an employee knew or should have known about the management action that the employee is challenging. The grievance procedure does not require that the Form A be personally presented to the respondent or sent by certified mail; however, this Department has long held that it is generally incumbent upon the grievant to initiate a grievance in a manner that would allow for verification of the date of delivery – for example, by obtaining a date-stamp, postmark, or mailing receipt.

In this case, the grievant had thirty calendar days from March 13, 2001 (until April 11, 2001) to submit his Grievance Form A to his supervisor, the Principal. The facts are in dispute as to whether he submitted his Form A on or before April 11. This Department has long held, however, that where the facts are in dispute, it is incumbent upon the grievant to substantiate his claim that he initiated his grievance on a timely basis, through documentation or other persuasive, corroborating evidence, such as the testimony of a third party eye witness. In this instance, the grievant has provided no verification, other than his own statement, of having submitted his grievance on or before April 11. Nor is there sufficient evidence of any just cause for his delay.

Neil A.G. McPhie, Esquire
Director

Deborah M. Amatulli
Employment Relations Consultant