Issue: Compliance/consolidation; Ruling date: November 28, 2001; Ruling #2001-185; Agency: Department of Health; Outcome: yes to consolidation.

In the matter of Department of Health

Ruling Number 2001-185

November 28, 2001

ISSUE:

Should the two grievances filed by the grievant on July 13, 2001, be consolidated?

RULING:

Yes. The two July 13, 2001 grievances arise from the same facts and management action. Accordingly, the 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 second resolution step or conclude his grievance. This Department’s rulings on matters of compliance are final and nonappealable.¹

EXPLANATION:

At the time of his grievances, the grievant was employed as an Environmental Heath Manager for two health districts. On July 13, 2001, the grievant initiated separate grievances to challenge his removal as Environmental Health Manager from each of the two health districts. The agency seeks consolidation; the grievant opposes consolidation.

Under the grievance procedure, 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. ²The employee may request, within 5 workdays of receiving notice that the grievance will be closed, that this Department decide whether the grievance is in compliance and can proceed. In this instance, the agency exceeded its authority by consolidating the two grievances. Under the grievance procedure, only the EDR Director is vested with the authority to consolidate grievances.³

If more than one grievance is pending involving the same parties, legal issues, policies, and/or factual background, either party may request consolidation from the EDR Direction. EDR strongly favors consolidation and will grant a consolidation request unless there is a persuasive reason to process the grievances individually. ⁵

In this case, the agency contends that both grievances challenge the same action and arise out of the same facts. The grievant asserts that his removal from the two health districts are distinct management actions, and therefore, should not be consolidated. This Department concludes that the two grievances arise out of the same material facts and should be consolidated. While the grievant may have served two facilities, his removal from the Environmental Health Manager position was a single event arising from a single set of facts. Furthermore, consolidation will promote administrative efficiency and prejudice neither party.

Neil A.G. McPhie, Esquire
Director

June M. Foy
Senior Consultant