Issue: Compliance/Actions Occurring to Others; Ruling Date July 16, 2001; Ruling #2001-118; Agency: Department of Corrections; Outcome: Out of Compliance Grievant
COMMONWEALTH of VIRGINIA
Department of Employment Dispute Resolution
COMPLIANCE RULING OF DIRECTOR
In the matter
of Department of Corrections
Ruling Number 2001-118
July 16, 2001
ISSUE:
May the agency administratively close the grievant’s June 3, 2001 grievance as out of compliance with the grievance procedure?
RULING:
Yes, because the June 3, 2001 grievance does not pertain directly and personally to the grievant’s own employment. The parties are advised that the agency may mark the June 3, 2001 grievance as concluded due to noncompliance, and no further action is required on that grievance. This Department’s rulings on matters of compliance are final and nonappealable.1
EXPLANATION:
An employee’s grievance must "[p]pertain directly and personally to the employee’s own employment."2 This grievance alleges that a supervisor had not thoroughly investigated an incident at the facility. Although the grievant, a Correctional Officer, asserts that the inadequate investigation undermines the safety, position and authority of all Correctional Officers assigned to the facility, neither the incident nor the investigation involved the grievant "directly and personally". Rather, it appears that the grievant is generalizing that the investigation will impact him directly and personally, a conclusion that has yet to be demonstrated. Should the grievant directly and personally suffer an adverse action in the future he may file a grievance at that time. Meanwhile, he may "freely, and without retaliation, discuss [his] concerns" about the investigation with management on an informal basis, and management may respond as it deems appropriate, exercising its best judgement concerning the matter.3
Neil A.G.
McPhie, Esquire
Director
Deborah
M. Amatulli
Employment Relations Consultant