The most effective accomplishment of the work of the City requires prompt
consideration and equitable adjustment of employee grievances. It is the desire
of the City to adjust grievances informally, and both supervisors and employees
are expected to make every effort to resolve problems as they arise. However,
it is recognized that there will be grievances which will be resolved only
after a formal appeal and panel review.
In the event that the question of whether a matter is grievable is raised,
the determination of grievability shall be made by the City Manager within
five work days of a request for a ruling. If the City Manager finds the issue
to be nongrievable, the employee may appeal this decision within 10 work days
to the circuit court for a hearing de novo on the issue of grievability as
provided in § 2.1-114.5:1E of the Code of Virginia, as amended. Within 30 days of receipt
by the Clerk of such records, the court, sitting without a jury, shall hear
the appeal on the record transmitted by the City Manager and such additional
evidence as may be necessary to resolve any controversy as to the corrections
of the record. The court may affirm decisions of the City Manager or may reverse
or modify the decision. The decision of the court is final and not appealable.
The issue of grievability must be resolved prior to the panel hearing or it
is deemed to have been waived.
Nothing in this procedure is intended to circumscribe or modify the
existing management right of any state agency or political subdivision to
do the following: direct the work of its employees as well as establish and
revise wages, salaries, position classifications.
Nothing in this procedure is intended to circumscribe or modify the
existing right of the City government to do the following: provided, however,
that none of those rights may be exercised in an arbitrary or capricious manner.
A. Direct the work of its employees.
B. Hire, promote, transfer, assign and retain employees
in positions within the City government.
C. Maintain the efficiency of government operations.
D. Relieve employees from duty because of lack of work or
other legitimate reasons.
E. Take actions as may be necessary to carry out the duties
of the City government in an emergency.
F. Determine the methods, means and personnel
by which operations are to be carried on.