2.2-3003 - Grievance procedure generally.
§ 2.2-3003. Grievance procedure generally.
A. As part of the Commonwealth's program of employee relations management,the Department of Employment Dispute Resolution shall develop a grievanceprocedure that includes not more than three successively higher grievanceresolution steps and a formal hearing as provided in this chapter.
B. Prior to initiating a written grievance, the employee shall be encouragedto pursue an informal complaint with his immediate supervisor. The supervisorshall have authority to resolve the complaint if it involves actions withinhis control.
C. An employee may pursue a formal written grievance through the grievanceresolution steps if the complaint has been presented to management within 30calendar days of the employee's knowledge of the event that gave rise to thecomplaint. Employees' rights to pursue grievances shall not be used to harassor otherwise impede the efficient operations of government.
D. Upon receipt of a timely written complaint, management shall review thegrievance and respond to the merits thereof. Each level of management reviewshall have the authority to provide the employee with a remedy, subject tothe agency head's approval. At least one face-to-face meeting between theemployee and management shall be required. The persons who may be present atthis meeting are the employee, the appropriate manager, an individualselected by the employee, and an individual selected by the manager.Witnesses may be called by either party.
E. Absent just cause, all documents, as defined in the Rules of the SupremeCourt of Virginia, relating to the actions grieved shall be made available,upon request from a party to the grievance, by the opposing party, in atimely fashion. Upon such request a party shall have a duty to search itsrecords to ensure that all such relevant documents are provided. Documentspertaining to nonparties that are relevant to the grievance shall be producedin such a manner as to preserve the privacy of the individuals not personallyinvolved in the grievance. A party shall not be required to create a documentif the document does not exist.
F. All time limitations prescribed in the grievance procedure, including, butnot limited to, submission of an initial complaint and employee appeal ofmanagement decisions, shall be reasonable, specific, and equally applicableto the agency and the employee. Expedited grievance procedures shall beestablished for terminations, demotions, suspensions, and lost wages orsalaries.
G. Within five workdays of the receipt of a written notice of noncompliance,failure of the employee or the agency to comply with a substantial proceduralrequirement of the grievance procedure without just cause may result in adecision against the noncomplying party on any qualified issue. Writtennotice of noncompliance by the agency shall be made to the agency head. TheDirector of the Department of Employment Dispute Resolution shall render alldecisions related to procedural compliance, and such decisions shall containthe reasons for such decision and shall be final.
H. Grievances qualified pursuant to § 2.2-3004 that have not been resolvedthrough the grievance resolution steps shall advance to a hearing that shallbe the final step in the grievance procedure.
(1995, cc. 770, 818, § 2.1-116.05; 1996, cc. 164, 869; 1999, cc. 703, 726;2000, cc. 947, 1006; 2001, c. 844; 2003, c. 252; 2004, c. 674.)