FFXWC Advocacy & Grievance

Grievances, Representation, and Your Rights

You have the right of representation. FWC stands alone in providing superior assistance and representation on grievance and employee issues. Our director for this area, Dave Lyons, did his first Civil Service hearing in 1983, and has represented more members before the Commission than anyone else. He’s continuing to provide successful grievance representation today.

You have a right to a safe workplace, and the right to be compensated for qualifying on the job injuries. FWC also offers representative assistance, with attorneys as needed, on workers compensation issues. It is our experience that many compensable issues go unreported. What you do in the first hours after an accident is crucial in how the case plays out. In many ways, Workers compensation issues are more important than grievances- they can affect your health and family for the rest of your life.

You have a right to a safe and non-threatening work environment. FWC is currently working with a number of members in several county agencies on bullying issues. While this is a relatively new area, it is important that we help create a policy that truly assists all county employees in creating a positive work environment.

You have a right to a fair retirement system. Your hard work should be fairly compensated after so many years of dedicated service. FWC, made up of members working for members, will make sure your benefits stay intact and will oppose changes that lessen those benefits. Your Secretary-Treasurer, Jon Miskell, is a member of the Board of trustees.

We’ll always be there for you.

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The “Evolution” of the County’s Bullying Complaint Process

In every school building, there are posters encouraging students not to be silent in the face of bullying behavior. Schools have recognized that bullying is a real issue for our children and provide an extensive set of policies to help students stand up to bullying. But bullying isn’t just confined to the schools.

Increasingly, local and state governments have recognized the existence of bullying in the workplace and moved to help workers who are subjected to it.

Last July 2017, the Fairfax County Civil Service Commission concurred with the recommendation of Human Resources staff and, with the approval of the Board of Supervisors, language defining bullying and identifying it as a “Standards of Conduct” violation. It was entered into the Personnel Regulations.

Chapter 2 of the Regulations define Bullying as: “Unnecessary, unwelcome, unwarranted and repeated mistreatment of a targeted individual or group by an individual or group. The actions are sufficiently severe and/or pervasive as to create a work environment such that a reasonable person would consider it intimidating, humiliating, dehumanizing of offensive. Establishing behaviors such as bullying depends on factors such as severity, pervasiveness, context, work relationships, employee performance and intent of action. Bullying is separate and discreet as compared to harassment, discrimination and workplace violence.” (Chapter 2, “Definitions”, Fairfax County Personnel Regulations).

Since then, as more and more employees have entered bullying complaints, the County is still trying to decide if a formal policy (such as exists for harassment and discrimination) should be enacted. We think it should.

It’s obvious at this point there is a real issue with bullying in the County. One agency has already had multiple complaints from our members for repeated instances of bullying behavior by mid-level supervisors. In some instances, outside groups have bullied employees attempting to get them to join their organization.

Bullying is harassing behavior, but it is not harassment in the legal sense. The current process is for employees to access “contact points” to report bullying (DHR, Agency HR, Civil Service, or the County Auditor). A subsequent investigation is conducted by the Office of Human Rights and Equity Programs (OHREP.)

As a result, FWC has been filing related grievances and attempting to utilize the process that exists for reporting bullying. One of these grievances is now at the fourth step (grievability determination) awaiting a ruling from the County Executive.

FWC will keep fighting to enact meaningful protections against bullying. If you feel you have bullied, let us know. You can be assured that FWC will be there to help.