§3 Management
Resolution Steps
The first-step respondent must:
- Accept the grievance;
- Enter the date of receipt on the “Form A”; and,
- Notify the agency’s Human Resources Office of the grievance.
After receiving the written grievance , the first-step respondent should identify the issues, gather information and review the facts. A meeting may be held to discuss the issues in dispute, but such a meeting is not required. Within 5 workdays of receiving the grievance, the first-step respondent must provide a written response on the grievance “Form A” or an attachment. The response must address the issues and the relief requested and should notify the employee of his procedural options.
Within 5 workdays of receiving the first-step response, the employee must:
- Indicate on the grievance form his intention to continue to the second-step meeting and submit the form to the second-step respondent; or
- Indicate on the grievance form his intention to conclude the grievance and submit the form to the Human Resources Office.
§3.2 Second Resolution Step Meeting
The second-step respondent must:
- Accept the grievance;
- Enter the date of receipt on the “Form A”; and,
- Advise the agency’s Human Resources Office that the grievance has advanced.
Within 5 workdays of the second-step respondent’s receipt of the grievance , the second-step meeting must be held. The persons who may be present at this meeting are the employee, an individual selected by the employee, the second-step respondent and an individual selected by the second-step respondent. Either party may call witnesses. These witnesses must not be present except while providing information.
The purpose of the second-step meeting is fact finding. Accordingly, the parties are encouraged to present information relevant to the grievance at this meeting. While the parties may question one another regarding disputed facts and issues, the meeting should not be adversarial or treated as a hearing. The second-step respondent is charged with presiding over the meeting and must do so in an even-handed manner. Thus, for example, while the second-step respondent could limit the introduction of repetitive information, he should not prohibit an employee from disclosing relevant information not previously provided. The meeting must not be recorded unless one of the parties has a disability that would be accommodated by recording the meeting.
Within 5 workdays of the second-step meeting, the second-step respondent must provide a written response on the grievance “Form A” or an attachment. The response must address the issues and the relief requested and should notify the employee of his procedural options.
Within 5 workdays of receiving the second-step response, the employee must:
- Indicate on the grievance form his intention to continue to the third-step and submit the form to the third-step respondent; or
- Indicate on the grievance form his intention to conclude the grievance and submit the form to the Human Resources Office.
In the event that an employee alleges retaliation or discrimination by an individual who would otherwise serve as the agency’s second-step respondent, the employee may:
- Request that the agency designate another second-step respondent; or
- Waive the face-to-face meeting with the original second-step respondent and receive only a written second-step response to the grievance . If the employee elects to waive the face-to-face meeting with the original second-step respondent, the employee must be allowed to meet with the third-step respondent.
The third-step respondent must:
- Accept the grievance;
- Enter the date of receipt on the “Form A”; and,
- Advise the agency’s Human Resources Office that the grievance has advanced.
A meeting may be held to discuss the issues in dispute, but such a meeting is not required. Within 5 workdays of receiving the grievance , the third-step respondent must provide a written response on the grievance “Form A” or an attachment. The response must address the issues and the relief requested and should notify the employee of his procedural options.
Within 5 workdays of receiving the third-step response, the employee must:
- Request on the grievance form that his grievance be qualified for a hearing* and submit the form to the agency head; or
- Indicate on the grievance form his intention to conclude the grievance and submit the form to the Human Resources Office.
* NOTE: If the grievance is qualified for a hearing, the hearing decision will be published on EDR's Web site in a manner that seeks to preserve personal privacy. See "Publication of Hearing Decisions, Rulings, and Related Court Opinions", §8.1.
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Revised August 30, 2004