In re Grievance of Hagy

By JUDGE WAYNE L. BELL

The major issue in this case concerns itself with the language of Virginia Code Section 2.1-114.5:1(A), which in pertinent part states as follows:

Complaints shall be nongrievabte where they involve. . . (iv) failure to promote except where the employee can show established promotional policies or procedures were not followed or applied fairly. . . .

At the time Mr. Turner sent the grievance on to the Commissioner he raised for the first time the issue of grievability under the above section. The Commissioner found, on the face of the record, that there was no showing that…