PILOT EMPLOYEE GRIEVANCE PROCEDURE

The Pilot Employee Grievance Procedure (EGP) is a new process through which employees may request administrative review of a matter related to their employment that concerns or dissatisfies them. A panel of peers is available to decide the matter.

NIH employees of the following pilot Institutes/Centers: CC, NHLBI, NIA, NIAID, NINDS, OD, except Commissioned Corps Officers and bargaining unit employees covered by a union contract.

Procedure for Filing

Stage 1 Grievance (Informal):

The filing procedure is the same as in the AGP described above.

Alternative Dispute Resolution (ADR) (Informal):

On the same day a Stage 1 grievance is filed (or after filing but before a Stage 1 decision is issued), the grievant may request ADR through the NIH Office of the Ombudsman, Center for Conflict Resolution.
• Submit request (Appendix B, "Request for Conflict Resolution Assistance," of the EGP) to the Stage 1 Deciding Official
• The Stage 1 official can agree to or decline participation
• If ADR is pursued, the grievance procedures are placed on hold
• ADR efforts are normally completed within 30 calendar days
• If ADR is NOT pursued, or if no mutually satisfactory resolution is reached, the grievance process continues within the formal time frames.

Stage 2 Grievance (Formal):

If the grievance is not resolved through ADR or if the employee chooses to appeal the Stage 1 decision, a grievant has two options for pursuing a grievance at Stage 2: the employee may file the grievance with Stage 2 Deciding Official OR request a PRP to decide the grievance.

Filing a Traditional Stage 2 Grievance:

• Grievant files a written grievance with the Stage 2 Deciding Official.
• A Stage 2 Grievance has the same requirements for content as for Stage 1 described above. (The Stage 2 grievance is limited to issues raised in Stage 1.)
• It must also include a copy of the Stage 1 grievance decision, and
• The reasons for disagreeing with the Stage 1 decision.

The Stage 2 Deciding Official issues a written decision within 21 days. This decision is final and not subject to further review.

Requesting a Peer Resolution Panel:

• Submit request (Appendix F, ARequest for Peer Resolution Panel Process," of the EGP) to the Office of the Ombudsman and the Stage 2 Deciding Official.
• A Stage 2 Grievance has the same requirements for content as for Stage 1 described above. (The Stage 2 grievance is limited to issues raised in Stage 1.)
• It must also include a copy of the Stage 1 grievance decision, and
• The reasons for disagreeing with the Stage 1 decision.

Office of the Ombudsman holds a pre-hearing conference with the grievant and the Stage 1 and 2 deciding officials to attempt to informally resolve the grievance. If the grievance is not informally resolved, the Office of the Ombudsman works with the grievant to randomly select a five-member (three peers and two non-peers) panel to determine whether NIH policy and/or practice had been followed properly and consistently in the matter of the grievance. The Office of the Ombudsman also obtains lists of potential hearing witnesses from the grievant and the management official. The facilitator schedules a hearing with the panel. The Panel votes by secret ballot whether to grant, deny or modify the grievant's requested relief. A panel decision is issued within 21 days of the grievant's filing of Appendix F. The decision is final and not subject to further review.

Stage 1 grievances must be submitted within 14 calendar days after the occurrence of act that causes the employee to be aggrieved.

Stage 2 grievances must be submitted within 14 calendar days after receipt of a Stage 1 grievance decision (or within 14 calendar days after the effective date of a suspension of 14 days or less).

Issues Excluded
See the pilot grievance procedure at www4.od.nih.gov/ccr/ for matters that are excluded, such as matters appealable to the Merit Systems Protection Board, progress reviews, NIH or HHS policies, and failure to receive noncompetitive promotion.

Contact Information

The full text of the pilot grievance procedure is available at www4.od.nih.gov/ccr/ and through the human resources offices of ICs participating in this pilot (CC, NHLBI, NIA, NIAID, NINDS, OD).