Issue: Compliance, Consolidation; Ruling Date, March 9, 2001; Ruling #2001-031; Agency: Department of Corrections; Outcome: Qualified for Consolidation
COMMONWEALTH of VIRGINIA
Department
of Employment Dispute Resolution
COMPLIANCE RULING OF DIRECTOR
In the matter
of Department of Corrections - Ruling #2001-031
March 9, 2001
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ISSUE: |
Should the grievances
filed by the grievant on August 12, 2000; October 25, 2000; October 30,
2000; and November 10, 2000 be consolidated for hearing? |
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RULING:
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This Department holds that consolidation of the grievances cited above is appropriate under the circumstances. Thus, the grievances should proceed to hearing together. Please note, however, that consolidation should not prevent the hearing officer from addressing the grievances separately as needed for purposes of establishing procedural aspects of the hearing or in determining the substantive merits of each grievance. This Department's rulings on matters of compliance are final and nonappealable. (See Va. Code § 2.1-116.03(5)). |
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On August
12, 2000, the grievant filed a grievance alleging sexual harassment, hostile
work environment and retaliation. On October 25, 2000, the grievant filed
a second grievance challenging a Group III Written Notice on various grounds,
including discrimination and retaliation. The grievant filed a third grievance
on October 30, 2000 alleging that her performance evaluation was arbitrary,
capricious, and/or retaliatory. The grievant filed a fourth grievance on
November 10, 2000, challenging a Group II Written Notice and termination
as retaliatory and unwarranted.
All four grievances have been qualified for a hearing. The two disciplinary grievances (October 25 and November 10, 2000) have already been scheduled to be heard on March 14, 2000. Because this Department has long held that grievances may be consolidated by mutual agreement of the parties or whenever the grievances challenge the same action or series of actions or arise out of the same facts, all four grievances should proceed to hearing together. Consolidation should help to avoid unnecessary duplication of testimony and evidence. |
Neil A.G. McPhie, Esquire
Director
Felicia H. Johnson
Employment Relations Consultant