                                 CODE OF VIRGINIA

ADDITIONAL POWERS AND DUTIES OF DIRECTOR; EMPLOYMENT DISPUTE RESOLUTION (§
2.2-1202.1)

The Director shall:

1. Establish a comprehensive program of employee relations management that
includes alternative processes for resolving employment disputes;

2. Establish the grievance procedure and a statewide mediation program;

3. Adopt rules and set hearing officer fees for grievance hearings;

4. For employees who are covered by the grievance procedure, (i) provide forms
necessary for the proper use of the grievance procedure; (ii) direct full
compliance with the grievance procedure process; and (iii) investigate
allegations of retaliation as the result of use of or participation in the
grievance procedure or of reporting, in good faith, an allegation of fraud,
waste, or abuse to the Fraud, Waste and Abuse Hotline and advise the agency head
of the findings;

5. Render final decisions, containing the reasons for such decision, on all
matters related to access to the grievance procedure, procedural compliance with
the grievance procedure, and qualification for hearing;

6. Establish a process to select, on a rotating basis, hearing officers for
grievance hearings from (i) the list maintained by the Executive Secretary of
the Supreme Court or (ii) attorneys hired as classified employees by the
Department through a competitive selection process; train and assign such
hearing officers to conduct grievance hearings; evaluate the quality of their
services to determine eligibility for continued selection; and, if deemed
ineligible for continued selection, establish policies for removing such hearing
officers from consideration for future selection;

7. Publish hearing officer decisions and Department rulings;

8. Establish a training program for human resources personnel on employee
relations management and employment rights and responsibilities;

9. Implement a comprehensive training and instructional program for all
supervisory personnel that includes the role of the grievance procedure in
harmonious employee relations management. The training program shall also
include methods for supervisors to instruct nonsupervisory personnel in the use
of the grievance procedure. Use of the grievance procedure to resolve disputes
shall be encouraged. In-house resources shall be developed to allow the
Department and its personnel to conduct onsite training of this nature for units
and agencies of state government throughout Virginia. The Department shall
assist agencies in establishing performance criteria for such supervisory
personnel;

10. Provide information upon the request of any employee concerning personnel
policies, regulations, and law applicable to the grievance procedure and counsel
employees in the resolution of conflict in the workplace;

11. Establish and maintain a toll-free telephone number to facilitate access by
employees to the services of the Department;

12. Collect information and statistical data regarding the use of the grievance
procedure and the effectiveness of employee relations management in the various
state agencies;

13. Make recommendations to the Governor and the General Assembly to improve the
grievance procedure and employee relations management;

14. Conduct such training seminars and educational programs for the members and
staff of agencies and public bodies and other interested persons on the use of
dispute resolution proceedings as the Director determines appropriate;

15. Exercise such other powers and perform such other duties as may be requested
by the Governor; and

16. Perform all acts and employ such personnel as may be required, necessary, or
convenient to carry out the provisions of this section.

HISTORY: 1995, cc. 16, 646, 770, 818, § 2.1-116.03; 1996, cc. 164, 869; 1998,
c. 263; 2000, cc. 66, 657, 947, 1006; 2001, c. 844, § 2.2-1001; 2012, cc. 56,
349, 803, 835; 2013, cc. 572, 690, 717, 723.