23-38.117 - Grievance procedures.
§ 23-38.117. Grievance procedures.
A. No covered institution shall be exempt from the State Grievance Procedure(§ 2.2-3000 et seq.), which shall continue to apply to all eligiblenonfaculty Covered Employees of a covered institution. The governing body ofeach covered institution shall adopt policies that encourage the resolutionof employment-related problems and complaints of its nonfaculty CoveredEmployees. Such policies shall provide that nonfaculty Covered Employees ofthe institution shall be able to discuss their concerns with their immediatesupervisors and management freely and without retaliation. To the extent thatsuch concerns cannot be resolved informally, the State Grievance Procedure (§2.2-3000 et seq.) of Title 2.2 shall apply (i) to the covered institution'sparticipating nonfaculty Covered Employees to the same extent that it appliedto the same classifications of nonfaculty employees prior to theinstitution's effective date of the initial Management Agreement and (ii) tothe covered institution's salaried nonfaculty Covered Employees who haveelected pursuant to § 23-38.115 to continue to participate in the state humanresources program set forth in Chapters 28 (§ 2.2-2800 et seq.) and 29 (§2.2-2900 et seq.) of Title 2.2.
B. A covered institution shall continue to make grievance policies availableto faculty Covered Employees to the extent that such policies were applicableto faculty Covered Employees prior to its effective date of the initialManagement Agreement, and may amend any such policies.
C. A covered institution is not required to adopt grievance policiesgoverning Covered Employees not included in subsections A and B, but it may,in its discretion, do so for some or all such Covered Employees, and suchgrievance policies may be the same as or different from the grievancepolicies adopted pursuant to subsection A.
(2005, cc. 933, 945.)