Step One: Counseling
The first step in the dispute resolution process is to file a written request for counseling with the Office of Compliance. A request for counseling must be made within 180 days after the date of the alleged violation. The counseling period normally lasts for 30 days.
During the counseling period, an Office of Compliance counselor will discuss an employee’s concerns and inform the employee of his or her rights under the law. The counselor does not serve as a representative or advocate, only as an advisor to help an individual understand how the law works and to clarify facts and issues. A covered employee may retain representation at any time during the dispute resolution process.
The Executive Director of the Office of Compliance has authority to recommend that employees of the Architect of the Capitol and Capitol Police use their office’s own internal grievance process before first utilizing the CAA’s dispute resolution procedures. If so, this will not count against the time limits available for counseling and mediation with the Office of Compliance.
The Second Step: Mediation
If an employee chooses to continue with a claim after the counseling period, the next step is to request mediation with the Office of Compliance. Mediation must be requested within 15 days of receiving notification of the completion of the counseling period and lasts for 30 days unless both parties request an extension of time.
During mediation, the Office of Compliance appoints one or more neutral mediators – professionals at dispute resolution – who will meet with the parties to the dispute to seek a solution to the problem that is acceptable to both parties. The goal of mediation is a voluntary resolution acceptable to all. Mediated settlements are always voluntary and can never be imposed by the mediator.
Mediation is intended to provide a confidential, informal means of settling disputes. Mediation permits both employees and their employing office to come together with a neutral third party to attempt to resolve a dispute under mutually acceptable terms. Mediation also permits the parties to resolve a dispute promptly and avoid a formal adversarial complaint process. The advantage of a mediated settlement is that it allows both parties to a dispute to take an active role in reaching a settlement rather than having one imposed upon them by a Hearing Officer or judge.
The Third Step: Civil Action or Administrative Hearing
If mediation fails to resolve a complaint, an employee may either proceed with an administrative hearing or file suit in Federal District Court. Either course of action must be initiated within 90 days (but no sooner than 30 days) of the time that written notice that mediation has ended is received.
If an employee chooses to proceed with a civil action after mediation, the suit and any appeals will proceed under the rules that normally apply to actions in Federal court. Employees who work on Capitol Hill who choose to file a civil suit after mediation normally must do so with the U.S. District Court for the District of Columbia. Employees who work outside of the District of Columbia may choose to file suit in the U.S. District Court where they work.
If an employee chooses to pursue an administrative hearing after mediation, a formal complaint must be filed with the Office of Compliance in writing. A copy of the complaint will be served on the employee’s employing office, which has 15 days to respond. An independent Hearing Officer is assigned to conduct the hearing to determine the facts and may issue subpoenas and require information from the parties involved. An administrative hearing normally begins within 60 days after a complaint is filed, and the Hearing Officer will issue a written decision no later than 90 days after the hearing’s conclusion.
The Fourth Step: Review by the Board of the Office of Compliance
If either the employee or employing office is dissatisfied with the final decision of the Hearing Officer, a request may be made to have the Hearing Officer’s decision reviewed by the Board of Directors of the Office of Compliance. A request for review by the Board of Directors must be made within 30 days of the time the Hearing Officer’s decision is entered into the records of the Office of Compliance. After reviewing the arguments from both sides in a dispute, the Board of Directors will issue a written decision on the case along with its reasoning for the decision.
If either the employee or employing office is dissatisfied with the outcome of the appeal to the Board of Directors, the decision may be appealed to the U.S. Court of Appeals for the Federal Circuit for further review.
