ISSUE:

Did the grievant initiate the grievance in a timely manner?

RULING:

The grievance was filed timely. The parties are advised to schedule a second-step meeting within five workdays of receipt of this ruling. This Department's rulings on matters of compliance are final and nonappealable. See Va. Code § 2.1-116.03(5).

 
EXPLANATION:

On November 13, 2000, a DOC human resources representative telephoned the grievant while he was out on medical leave to discuss with him his leave balances and the possibility of his early retirement based on his current disability. During that phone call, the grievant was also informed that DOC had removed him from their payroll effective October 24, 2000 after receiving a letter from his physician indicating that he was disabled and unable to return to work. DOC had not notified the grievant prior to November 13 of the October 24, 2000 removal. The grievant challenged his removal by filing a grievance on November 27, 2000 with his facility's human resources office, which forwarded it to his first step respondent. DOC states that the grievance is untimely.

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. The 30-day time frame begins when an employee knew or should have known about the management action that the employee is challenging.

In this case, the grievant first learned about his removal from payroll on November 13, 2000, upon speaking with a representative from human resources. Therefore, he had 30 calendar days from November 13, 2000 (not October 24, 2000) to initiate his grievance. The grievant filed his grievance on November 27, 2000, within 30 calendar days of November 13. Accordingly, the grievance was timely filed.