Issue: Compliance; Multiple Grievances; Ruling Date: July 10, 2001; Ruling #2001-115; Agency: George Mason University; Outcome: In compliance Grievant

In the matter of George Mason University
Ruling Number 2001-115
July 10, 2001

ISSUE:

May the agency administratively close the grievant’s June 13, 2001grievance as duplicative of his April 23, 2001 grievance?

RULING:

No. The grievance of June 13, 2001 is not duplicative. However, in the interest of consistency and efficiency, the two grievances are to be consolidated and proceed as one grievance. The parties are advised that within five days from the receipt of this ruling, the grievant must advance his consolidated grievance to the third resolution step. This Department’s rulings on matters of compliance are final and nonappealable. (See Va. Code § 2.1-116.03(5)).

EXPLANATION:

An employee’s grievance must not duplicate another grievance challenging the same action or arising out of the same facts. If there is duplication, management may notify the employee that the grievance will be administratively closed due to noncompliance. Grievance Procedure Manual, § 2.4.

In this case, the April 23, 2001 grievance alleges harassment and retaliation for refusing a supervisor’s sexual advances and reporting the undesirable conduct to a school official. The June 13, 2001 grievance claims harassment and retaliation by a different supervisor for an alleged Hotline complaint. Both grievances claim that as a result classified employees are being removed from the grievant’s supervision.

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. Where alleged harassment or retaliation is grieved, and each grievance challenges a discrete action by management to support these characterizations, as in this case, it is appropriate to consolidate the grievances to proceed as one grievance.

Neil A.G. McPhie, Esquire
Director

June M. Foy
Employment Relations Consultant