Office of Human Capital Management - DHRD - Grievance Procedure
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Administrative
Grievance Procedure
- Each Federal agency
is required to set
up grievance procedures
for employees who
are not covered
by a labor agreement
with a union. Employees
who are covered
by a labor agreement
must use the negotiated
grievance procedure.
Grievance procedures
give employees the
opportunity to get
an objective review
of individual or
group complaints
about working conditions
or about employment
decisions affecting
them. An employee
may file a grievance
in his/her own behalf
or may be accompanied
and advised by a
representative of
his/her own choosing.
The use of alternative
dispute resolution
(ADR) approaches
such as mediation,
settlement conferences,
peer review panels,
or other ADR techniques
is strongly encouraged
(please see below
for more details).
If you have filed
a grievance and
would like to try
to resolve it through
ADR, please inform
your supervisor
or the Departmental
Human Resources
Division.
Negotiated
Grievance Procedure
- The negotiated
grievance procedure
is a system for
resolving disputes.
It is a method,
established by the
union and management,
for finding out
where problems exist
and solving those
problems fairly
and quickly. Every
collective bargaining
agreement must contain
a negotiated grievance
procedure.
A grievance is
any complaint:
* by any employee
concerning any matter
relating to the
employment of the
employee;
* by any labor
organization concerning
any matter relating
to the employment
of any employee;
or
* by any employee,
labor organization,
or agency concerning:
* the effect or
interpretation,
or a claim of breach,
of a collective
bargaining agreement;
or
* any claimed
violation, misinterpretation,
or misapplication
of any law, rule,
or regulation affecting
conditions of employment.
Under negotiated
grievance procedures,
unions have the
right to present
and process employee
or union grievances.
Employees are allowed
to present their
own grievances,
i.e., to represent
themselves in the
procedure if they
so desire. However,
where this happens,
the union has the
right to be present
during the process.
Any negotiated grievance
not satisfactorily
resolved by the
grievance process
is subject to binding
arbitration. Only
the union or management
may invoke arbitration.
Discrimination
Complaint -
Employees who feel
that they have been
discriminated against
because of race,
color, religion,
sex, national origin,
age (40 and above),
handicapping condition,
or reprisal for
prior EEO activities,
need to contact
their activity HR
or EEO office.
Any
employee, former
employee, or applicant
for employment with
the United States
Department of Agriculture
(USDA) who believes
he or she has been
discriminated against
based on race, color,
religion, sex, national
origin, age (if
over 40), disability,
reprisal (for prior
opposition to or
participation in
an EEO activity),
political belief,
sexual orientation,
marital status,
family status, parental
status, or genetic
information, has
the right to file
an EEO complaint
under Title VII
of the Civil Rights
Act of 1964, as
amended.
Mediation
and Alternative
Dispute Resolution
(ADR) - are
voluntary and have
proven successful
in settling workplace
disputes before
the disputes progress
to expensive and
divisive formal
EEO complaints,
grievances, and
and/or legal procedures.
Mediation takes
place in a neutral,
non-threatening
location and is
facilitated by trained
certified mediators
and/or contractors.
Both sides are given
a chance to state
their case and come
to a mutually agreeable
resolution. Mediations
sessions are confidential.
For more information,
see "Conflict
Prevention and Resolution".