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2023 SESSION

House Bill Vetoed by the Governor

current | calendar

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H.B. 1536. An Act directing the Department of Human Resource Management to update the Grievance Procedure Manual as it pertains to employees of the Department of Corrections and Department of Juvenile Justice.

• 02/24/23 House: Bill text as passed House and Senate (HB1536ER)
• 02/03/23 House: Committee substitute printed 23106320D-H1
• 01/05/23 House: Prefiled and ordered printed; offered 01/11/23 23101608D

Patron--Jenkins

Passed the House of Delegates February 7, 2023 (98-Y 0-N)

GOVERNOR'S VETO

 

Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto House Bill 1536, which requires the Department of Human Resource Management to update the Grievance Procedure Manual to require the Office of Employment Dispute Resolution to review and issue a written decision when a party fails to comply with the grievance procedures.

The current Grievance Procedure Manual provides a process to address party noncompliance. There is a collaborative process for notifying the other party of noncompliance and providing time for the party to rectify it. In the event that noncompliance continues, the Office of Employment Dispute Resolution may be requested to issue a ruling. During the hearing phase, parties may also raise any alleged noncompliance, which will be reviewed by the hearing officer and resolved by the Office of Employment Dispute Resolution.

However, the proposed legislation would require the Office of Employment Dispute Resolution to review all aspects of the grievance process, including all decision made by hearing officers, to determine noncompliance regardless of whether both parties are satisfied with the outcome. This would lead to increased workload and possible delays, ultimately hindering the efficiency of the current collaborative process. Additionally, the Department of Human Resources Management issues such rulings routinely, pursuant to the authority provided in §§ 2.2-1202.1(5) and 2.2-3003(G).

The legislation does not achieve its intended goals and will have unintended consequences such as increased workloads and delays in resolving complaints.

Accordingly, I veto this bill.