Summary of NIH Employee Grievance Procedure
in Institutes Piloting the Peer Resolution Panel

Note: This is a summary of the pilot NIH Employee Grievance Procedure. The full text is available at http://www4.od.nih.gov/ccr/prppilot.html and through the human resources offices of ICs participating in this pilot (CC, NHLBI, NIA, NIAID, NINDS, OD).

Stage 1 Process

An employee must file a grievance with the Office of the Ombudsman, Center for Conflict Resolution (CCR) or the servicing Human Resources office (HRO) within 14 calendar days of the event being grieved (or of the first date that the employee became aware of the act or occurrence) by filling out the Grievance Form. The grievance must contain enough detail to clearly identify the issue being grieved, clearly specify the personal relief requested; and, contain the grievant’s designation of representative, if any.

Once a Stage 1 grievance is accepted, CCR holds a pre-hearing conference (PHC) with the grievant and the Stage 1 management official. The Stage 2 management official may be included in an attempt to reach resolution. If the PHC results in a mutually satisfactory resolution, a settlement agreement will be written. If the grievance is not resolved by mutual agreement, management writes a brief response to the grievance on the Grievance Form. If the grievant wishes to proceed with the peer resolution panel, the grievant indicates so on the Grievance Form.

Stage 2 Process: Peer Resolution Panel

The Office of the Ombudsman assigns a trained facilitator and 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. All of this information is then passed on to the facilitator with a copy of the grievance. The facilitator schedules a hearing to conclude, with a decision issued, within 21 days of the grievant's filing of Attachment A.

The Panel votes by secret ballot whether to grant, deny or modify the grievant’s requested relief. The Panel decides whether management properly and consistently applied policies and procedures and, if not, what kind of remedy is appropriate. The Panel’s written decision is provided to the grievant and to the supervisor within three days of the Panel hearing. The decision is final and not subject to further review.