                                 CODE OF VIRGINIA

GRIEVANCE PROCEDURE GENERALLY (§ 2.2-3003)

A. As part of the Commonwealth&#8217;s program of employee relations management,
the Department of Human Resource Management shall develop a grievance procedure
that includes not more than three successively higher grievance resolution steps
and a formal hearing as provided in this chapter. However, grievances involving
dismissals due to formal discipline or unsatisfactory job performance shall
proceed directly to a formal hearing, omitting the grievance resolution steps,
the face-to-face meeting specified in subsection D, and the agency head
qualification determination specified in subsection D of &#xA7; 2.2-3004.

B. Prior to initiating a written grievance, the employee shall be encouraged to
pursue an informal complaint with his immediate supervisor. The supervisor shall
have authority to resolve the complaint if it involves actions within his
control.

C. An employee may pursue a formal written grievance through the grievance
resolution steps if the complaint has been presented to management within 30
calendar days of the employee&#8217;s knowledge of the event that gave rise to
the complaint. Employees&#8217; rights to pursue grievances shall not be used to
harass or otherwise impede the efficient operations of government.

D. Except as provided in subsection A, upon receipt of a timely written
complaint, management shall review the grievance and respond to the merits
thereof. Each level of management review shall have the authority to provide the
employee with a remedy, subject to the agency head&#8217;s approval. At least
one face-to-face meeting between the employee and management shall be required.
The persons who may be present at this meeting are the employee, the appropriate
manager, an individual selected 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 Supreme
Court of Virginia, relating to the actions grieved shall be made available, upon
request from a party to the grievance, by the opposing party, in a timely
fashion. Upon such request a party shall have a duty to search its records to
ensure that all such relevant documents are provided. Documents pertaining to
nonparties that are relevant to the grievance shall be produced in such a manner
as to preserve the privacy of the individuals not personally involved in the
grievance. A party shall not be required to create a document if the document
does not exist.

F. All time limitations prescribed in the grievance procedure, including, but
not limited to, submission of an initial complaint and employee appeal of
management decisions, shall be reasonable, specific, and equally applicable to
the agency and the employee. Expedited grievance procedures shall be established
for terminations, demotions, suspensions, and lost wages or salaries.

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 procedural
requirement of the grievance procedure without just cause may result in a
decision against the noncomplying party on any qualified issue. Written notice
of noncompliance by the agency shall be made to the agency head. The Director of
the Department of Human Resource Management shall render all decisions related
to procedural compliance, and such decisions shall contain the reasons for such
decision and shall be final.

H. Grievances qualified pursuant to &#xA7; 2.2-3004 that have not been resolved
through the grievance resolution steps shall advance to a hearing that shall be
the final step in the grievance procedure.

HISTORY: 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; 2012, cc.
56, 349, 803, 835.