Commonwealth v. Hogan

Opinion

COLEMAN, J.

The Department of Taxation dismissed its employee, Brian Hogan, as a disciplinary measure. Hogan grieved the dismissal under the state’s grievance procedure established pursuant to Code § 2.1-114.5:1. A grievance arbitration panel issued a decision directing the Department to reinstate Hogan. The panel, in addition to directing reinstatement, issued a nonbinding recommendation that he be demoted.

As a result of the grievance decision, the Department, as the panel directed, reinstated Hogan, but at a lesser position. Hogan did not file a new or separate grievance contending…