JENNIFER M. GRANHOLM
CIVIL SERVICE COMMISSION
BRYAN J. WALDMAN, CHAIR
ANDREW P. ABOOD
SHERRY L. McMILLAN
THOMAS M. WARDROP
Decision No. HERM 2008-069
Mr. Vincent Mensah
Dear Mr. Mensah:
This letter acknowledges the filing of two grievance appeals with Civil Service on
Grievance 2008-02310: The subject matter of your complaint concerns a needs improvement rating issued on
Grievances 2008-04525 & 2008-04596: The subject matter of your complaints concern a
needs improvement annual rating issued on
Grievance 2008-04410: On
^2the Civil Service Grievance and Appeals Procedure. Civil Service Hearings has since received the department’s step 2 response, to your grievance, which resolves the concern that you had attempted to file your grievance directly with Civil Service. The subject matter of your grievance concerns a written reprimand you received on
The terms of the settlement agreement were read into the record and are delineated in the attached transcript of the proceedings. The salient parts of agreement are as follows:
1. The five-day suspension was reduced to a written reprimand; you now contest the written reprimand in the above referenced grievance 2008-04410.
2. The grievance contesting the needs improvement rating issued on
3. The service rating issued on
The four grievances you have filed with Civil Service Hearings, 2008-02310, 2008-04410,
2008-04525 and 2008-04596, must be administratively denied as they have been adjudicated to finality pursuant to the settlement agreement setforth in the attached transcript of the proceeding before Hearing Officer Benjamin Wolkinson. Civil Service rule 8-4 precludes the acceptance of a grievance appeal that has been adjudicated to finality in another action between the same parties. If such grievance appeals were allowed to be accepted, in cases such as this, it would be possible for a grievant to reach a settlement with the department and then, thereafter, attempt to reinstate the parts of the agreement that were ceded but at first necessary in order to obtain the settlement. It is presumed that when a settlement agreement has been reached the terms of the settlement were negotiated by the parties in good faith. It is noted that the settlement agreement rescinded a five-day suspension and that part of the settlement you find acceptable.
^3Should you disagree with this determination, this administrative denial of your complaint may be appealed to the Employment Relations Board as specified below.
Michael J. Cain, Manager
Civil Service Hearings
Margaret Brown, Attorney at Law
Lance Mason, Attorney at Law
This administrative denial of your grievance appeal may be appealed to the Civil Service Commission through the Employment Relations Board within twenty-eight calendar days (
This is a publication of the Michigan Civil Service Commission. The written document, as published at the time it was issued, is the most authoritative source of the actual content and format of the decision.