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Administrative Grievance Procedures
The Administrative Grievance Procedure is a process through which employees may request administrative review of a matter related to their employment that concerns or dissatisfies them.
Who May File
NIH employees, except Commissioned Corps Officers and bargaining unit
employees covered by a union contract. (Note–A separate employee grievance procedure that includes a provision for a Peer Resolution Panel is being piloted by CC, NHLBI, NIA, NIAID, NINDS, OD, and it is described in the next section.)
Procedure for Filing
Stage 1 Grievance (Informal):
Must be submitted in memorandum format with the following
information:
- Statement that this is a Stage 1 grievance presentation
- Details about the matter being grieved
- Personal relief being sought
- All available supporting documentation
If the Stage 1 official is not your immediate supervisor, a copy of
the Stage 1 Grievance must be given to your immediate supervisor. Unless the
deadline is extended by the employee, a Stage 1 decision must be issued within
14 calendar days of the receipt of the grievance.
Stage 2 Grievance (Formal):
A Stage 2 Grievance has the same requirements
for content as for Stage 1 described above. It must also include a copy of
the Stage 1 grievance decision and the reasons for disagreeing with the Stage 1
decision. Unless the employee extends the deadline, a Stage 2 decision must be
issued within 25 calendar days of receipt of the grievance.
Time Limits for Filing
Stage 1 grievances must be submitted within 30 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 grievable suspension).
Issues Excluded
See HHS Instruction 771-3-50E for matters that are excluded, such as requests for retroactive promotion, matters appealable to the Merit Systems Protection Board, progress reviews, NIH or HHS policies, failure to receive noncompetitive
promotion.
Contact Information
The business management specialist who services your NIH IC can provide you
with HHS Instruction 771-3 "Employee Grievances" (issued in 11/26/85 and updated 7/19/89). HHS Instruction 771-3 is also available on-line in Adobe Acrobat or Microsoft Word format from the DHHS Web site at http://www.os.dhhs.gov/.
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