ISSUE:

Did the grievant initiate the grievance in a timely manner and/or did the grievant challenge the same management actions in a prior grievance?

RULING:

The grievance was filed beyond the 30 calendar day period without just cause and is therefore untimely. In addition, the grievant challenged at least two of the same management actions in a prior grievance. Thus, the parties are advised that the grievance should be marked as concluded due to noncompliance and no further action is required. This Department's rulings on matters of compliance are final and nonappealable. (See Va. Code § 2.1-116.03(5)).

 EXPLANATION:

The grievant alleges that management has subjected him to unfair treatment. In support of his claim, he cites the following actions of management: (1) in May 2000, management issued the grievant a counseling memorandum for his failure to report to work on time; (2) on July 7, 2000, the grievant was transferred from the day shift to the night shift (11:00 p.m. to 7:00a.m.); and (3) in July 2000, an allegedly incorrect leave activity form was submitted without the grievant's approval or signature, charging the grievant's leave balances for annual leave. With respect to the first two occurrences, the grievant maintains that management has treated him differently than other employees because of his race (African American).

The grievant initiated a grievance on September 10, 2000, challenging the above management actions. During the resolution step process, management informed the grievant that he was out of compliance with the grievance process because (i) he did not initiate his grievance in a timely manner, and (ii) two of these issues were raised in a prior grievance. (See Second Resolution Step Response, dated 9/22/00 and the Agency Head's Determination Of Qualification For A Hearing, dated 10/30/00). Although management advised the grievant that he was not in compliance with the grievance process, management did address the merits of his issues during the resolution steps.

The Grievance Procedure provides that an employee must initiate a written grievance within 30 calendar days of the event or action that is the basis of the grievance, unless there is just cause for the delay. (See Va. Code § 2.1-116.05(D); Grievance Procedure Manual § 2.4(1), page 6). When an employee initiates a grievance beyond the 30 calendar day period without just cause, the grievance is not in compliance with the grievance procedure and may be administratively closed. Additionally, an employee may not initiate multiple grievances challenging the same action or arising out of the same material facts. (See Grievance Procedure Manual § 2.4(6), page 6).

The September 10 grievance was not initiated within 30 calendar days of any of the allegedly unfair actions of management cited by the grievant (one occurred in May and two in July). The grievant contends that the grievance was not filed timely because of a lack of knowledge about the grievance process. However, this Department has long held that it is incumbent upon each employee to know his or her responsibilities under the grievance procedure. A grievant's lack of knowledge about the grievance procedure and its requirements does not constitute just cause for failure to initiate a grievance in a timely manner. Further, the grievant acknowledges that he has challenged the same management actions in a prior grievance.