Issue: Compliance/Resolution Steps; Ruling Date July 20, 2001; Ruling #2001-120; Agency: Department of Mental Health, Mental Retardation and Substance Abuse Services; Outcome: In compliance Agency

In the matter of Department of Mental Health, Mental Retardation and Substance Abuse Services/No. 2001-120
July 20, 2001

Is the agency out of compliance with the grievance procedure for declining to accept the recommended relief of the first step respondent?

RULING:

No, the agency is in compliance with the grievance procedure. The parties are advised to proceed to the hearing, scheduled for August 13 and 14, 2001, as planned. This Department’s rulings on matters of compliance are final and nonappealable. (See Va. Code § 2.1-116.03(5)).

EXPLANATION:

This Department has already ruled on this issue. In our March 23, 2001 compliance ruling, we considered this exact issue (among others) and held that, "management did not violate a substantial procedural requirement of the grievance procedure by failing to accept the recommendation of the first step respondent." The reasons for this decision are outlined in the March 23 ruling.

Neil A.G. McPhie, Esquire
Director

Jeffrey L. Payne
Employment Relations Consultant