2.2-1001 - Director to administer Department; powers and duties.
§ 2.2-1001. Director to administer Department; powers and duties.
The Director shall, under the direction and control of the Governor,administer and supervise the Department and shall:
1. Establish a comprehensive program of employee relations management thatincludes 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) provideforms necessary for the proper use of the grievance procedure; (ii) directfull compliance with the grievance procedure process; (iii) investigateallegations of retaliation as the result of use of or participation in thegrievance procedure or of reporting, in good faith, an allegation of fraud,waste or abuse to the State Employee Fraud, Waste and Abuse Hotline andadvise the agency head of the findings; and (iv) rule on the qualification ofa grievance or the question of access to the grievance procedure;
5. Render final decisions, containing the reasons for such decision, on allmatters related to procedural compliance with the grievance procedure;
6. Establish a process to select, on a rotating basis, hearing officers forgrievance hearings from (i) the list maintained by the Executive Secretary ofthe Supreme Court or (ii) attorneys hired as classified employees by theDepartment through a competitive selection process; train and assign suchhearing officers to conduct grievance hearings; evaluate the quality of theirservices to determine eligibility for continued selection; and, if deemedineligible for continued selection, establish policies for removing suchhearing officers from consideration for future selection;
7. Publish hearing officer decisions and Department rulings;
8. Establish, in conjunction with the Department of Human ResourceManagement, a training program for human resources personnel on employeerelations management and employment rights and responsibilities;
9. Implement a comprehensive training and instructional program for allsupervisory personnel that includes the role of the grievance procedure inharmonious employee relations management. The training program shall alsoinclude methods for supervisors to instruct nonsupervisory personnel in theuse of the grievance procedure. Use of the grievance procedure to resolvedisputes shall be encouraged. In-house resources shall be developed to allowthe Department and its personnel to conduct on-site training of this naturefor units and agencies of state government throughout Virginia. TheDepartment shall assist agencies in establishing performance criteria forsuch supervisory personnel;
10. Provide information upon the request of any employee concerning personnelpolicies, regulations, and law applicable to the grievance procedure andcounsel employees in the resolution of conflict in the workplace;
11. Establish and maintain a toll-free telephone number to facilitate accessby employees to the services of the Department;
12. Collect information and statistical data regarding the use of thegrievance procedure and the effectiveness of employee relations management inthe various state agencies;
13. Make recommendations to the Governor and the General Assembly to improvethe grievance procedure and employee relations management;
14. Exercise such other powers and perform such other duties as may berequested by the Governor; and
15. Perform all acts and employ such personnel as may be required, necessary,or convenient to carry out the provisions of this chapter.
(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.)