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HB-1944 Local Grievance Procedure B Increasing penalty for using the grievance procedure.
Summary:
Clarifies that an act of retaliation includes increasing the penalty that the employee
has grieved at any time after the employee initiates, uses, or participates in the
grievance procedure. Also, in discipline cases, no increase in the penalty above that
initially imposed shall be added at any higher level.
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| The purpose of the grievance procedure is to bring about a speedy
resolve to a dispute between an employee and his/her employer. To use the procedure is a
complex and sometimes uncomfortable situation in itself.
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| Retaliation for using the procedure can come about in various methods
or manners. Increasing a punishment or penalty after filing a grievance is a blatant act
and should be covered directly by the procedure itself.
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| Increasing the penalty not only harms the person who filed the
grievance by punishing them for appealing, but also harms the entire system. Other
officers will be intimidated to file an appeal if they know the discipline will be
increased. Due Process cannot be attained if access to the grievance procedure is chilled
by threats of increasing the penalty for those who use the system.
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| Until this clarification in the procedure one had to file a second
grievance to grieve the retaliation. This does not produce a speedy resolve and acts as an
inhibitor for employees to use the grievance system at all.
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| Increasingly, individual appellants from various jurisdictions around
the state have used the grievance procedure to appeal punishment and have reached what is
typically step III or the level of the chief of police, and were told that if they didn=t accept their punishment
then the punishment would be increased and, or the employee would be terminated. This is a
retaliatory act.
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| Punishment is set at the first step of the disciplinary process. Many
punishments are not appealed because they are fairly determined. The employee should have
all the information including the level of discipline before he/she makes the decision to
appeal. Once one is in the appeal process the rules of the game cannot change. To allow
punishments to be increased any time during the procedure is unfair and clearly falls
under an act of retaliation.
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Support HB-1944
Virginia Coalition of Police
and Deputy Sheriffs
4012 Williamsburg Court
Fairfax, Virginia 22032
(800) 913-2727
www.virginiacops.org
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