25

GRIEVANCE PROCEDURES

 

An important element of a sound personnel system is the existence of a formal method that allows employees to resolve their grievances with management fairly and expeditiously. Good management practices recognize that a carefully designed grievance process can help to improve morale by identifying problems and personnel dissatisfaction in the organization, and increase the positive perception employees have of the organization. Formal grievance procedures usually evolve from informal attempts to resolve differences between employee and employer. The establishment of a grievance procedure should be a management priority.

Standards in this chapter are intended to specify the criteria for determining whether the agency has viable grievance procedures and whether the elements of those procedures are in accordance with contemporary personnel administration practices.

 

25.1 Grievance Procedures

25.1.1 Unless there is controlling contract language, a written directive establishes a grievance procedure, which includes the following:

a. identification of matters that are grievable (scope) and the levels in the agency or government to which the grievance may be filed and/or appealed;

b. establishment of time limitations for filing or appealing the grievance to the next level;

c. a description of the type of information to be submitted when filing a grievance;

d. establishment of procedural steps and time limitations at each level in responding to grievances or appeals; and

e. establishment of criteria for employee representation.

Commentary: Since a formal grievance procedure is designed to resolve differences between the employee and employer, it follows logically that such procedures be written in clear, concise terms. If grievance procedures are part of a collective bargaining agreement, such agreement would meet the definition of "written directive" as used in this standard. This standard applies to all agency employees. If more than one procedure exists, each should be described.

A written statement of the grievance and the facts upon which it is based, a written allegation of the specific wrongful act and harm done, and a written statement of the remedy or adjustment sought are basic information that should be required from a grievant. A form may be designed for this purpose to include spaces for noting significant times, dates, and actions taken relative to a grievance.

Once the grievance has been filed, it should be handled formally. Each level should acknowledge receipt by noting time, date, and person receiving the grievance. The facts or allegations should be carefully analyzed and affirmed or denied in writing. A legitimate attempt should be made at each level to resolve the grievance rather than merely passing it on to the next level. If applicable, remedies or adjustments should be identified in writing.

The procedure should have an appeal process for grievable issues. To be an appeal, the issue should go to a higher level or authority for review. Grievances normally follow the employee’s "chain of command" within the agency or governmental structure. The procedure should identify the levels of appeal, the time limits within which each level should respond, and the final level of authority.

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25.1.2 A written directive identifies a position responsible for coordination of grievance procedures and for the maintenance and control of grievance records.

Commentary: The sensitivity of these records dictates additional precautions in controlling access to them.

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25.1.3 A written directive requires an annual analysis of grievances.

Commentary: The grievance procedure is a valuable method for management to discover agency problems. If through analysis the agency’s chief executive officer observes a trend in filed grievances, steps may be taken to minimize the causes of such grievances in the future. The responsibility for analyzing grievances and reporting to the CEO should be assigned to the position required by 25.1.2. The formality of the analysis and reporting may be determined to best suit the agency’s need.

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