Issue: Access/Access to the Grievance Procedure; Ruling Date September 14, 2001; Ruling #2001-149; Agency: Department for the Blind and Vision Impaired; Outcome: No access.

COMMONWEALTH of VIRGINIA

Department of Employment Dispute Resolution

ACCESS RULING OF DIRECTOR

In the matter of Department for the Blind and Vision Impaired

Ruling Number 2001-149

September 14, 2001

ISSUE:

Does the grievant have access to the grievance procedure?

RULING:

No. The grievant does not have access to the grievance procedure because she has not completed her probationary period.

EXPLANATION:

The Code of Virginia establishes a grievance procedure to which only state employees who have successfully completed their probationary period have access.1 Additionally, the Department of Human Resources Management (DHRM) Policy No. 1.45 states that "all persons who begin either original employment or re-employment in classified positions must serve 12-month probationary periods effective from the dates of their employment." 2

In this case, the grievant was hired by the agency as an Administrative and Program Specialist II on October 10, 2000. Accordingly, her probationary period is scheduled to end on October 10, 2001 (12-months from her hire date). Prior to her probationary period ending, the grievant initiated a grievance on July 16, 2001 to challenge management’s response to an incident that took place on July 12, 2001. Although the grievant contends that she should be allowed to file a grievance because she is challenging legitimate issues, the evidence clearly establishes that she has not yet completed her 12-month probationary period, and thus does not have access to the grievance procedure.

Neil A.G. McPhie, Esquire
Director

 

Felicia H. Johnson
Employment Relations Consultant

1Va. Code § 2.1-116.09.
2Department of Human Resources Management Policies and Procedures Manual, Policy No. 1.45, page 1 (effective 09/25/01). Note: while the grievant was admittedly provided an employee handbook that stated that she would be required to serve a 6-month probationary period, the handbook was outdated and had not been changed to reflect a change to Policy 1.45 which extended the probationary period to one year. Moreover, the handbook expressly states that the "official policies, some of which are discussed in this handbook, are subject to change at any time. In the event the policies discussed in this handbook differ from the policies and procedures contained in the Policies and Procedures Manual, the manual governs."