opm grievance process

has responsibility for the matter that is the subject of the grievance. PDF Employee Grievances - U.S. Department of Defense k. Engaging in outside employment or other activities without required prior approval. 5 U.S. Code 7121 - Grievance procedures | U.S. Code | US Law | LII [Time periods at right refer to the accumulated total amount of AWOL for each offense (i.e., disciplinary action proposed) rather than for each instance or occurrence of unauthorized absence. ], Absences of More Than 8 Hours But Less Than 5 Workdays. The nature and seriousness of the offense, and its relation to the employee's duties, position, and responsibilities, including whether the offense was intentional or technical or inadvertent, or was committed maliciously or for gain, or was frequently repeated; The employee's job level and type of employment, including supervisory or fiduciary role, contacts with the public, and prominence of the position; The employee's past work record, including length of service, performance on the job, ability to get along with fellow workers, and dependability; The effect of the offense upon the employee's ability to perform at a satisfactory level and its effect upon supervisors' confidence in the employee's ability to perform assigned duties; Consistency of the penalty with those imposed upon other employees for the same or similar offenses; Consistency of the penalty with any applicable agency table of penalties; The notoriety of the offense or its impact upon the reputation of the agency; The clarity with which the employee was on notice of any rules that were violated in committing the offense, or had been warned about the conduct in question; Potential for the employee's rehabilitation; Mitigating circumstances surrounding the offense such as unusual job tensions, personality problems, mental impairment, harassment, or bad faith, malice or provocation on the part of others involved in the matter; and. a. Engaging in the types of political activity prohibited by law or by Office of Personnel Management regulations. a. They authorize the use of Alternative Dispute Resolution (ADR); provide technical review of all grievance decisions or settlement documents; and make this Order available to employees. ; v. Any matter covered by a negotiated grievance procedure; and, w. Any decision made on matters covered in this Order by Sections 4.01 and 4.04, Roles and Responsibilities; Section 5.06, Grievance Rights; Section 9, Grievance Rejection Procedures; and Section 10, Abuse of Procedure.. A GS employee may also appeal to OPM through the IHS. Each approach has its own timeframes, procedures, and decision-making structure. .06 Managers and supervisors are responsible for fully participating in the procedures and processes described by this Order, including but not limited to: meeting with employees to informally resolve grievances; providing information to the deciding official about the circumstances giving rise to the grievance; serving as the deciding official on grievances, when designated; voluntarily participating in ADR, as appropriate, when a grievance has been filed; maintaining all related records of decisions/actions giving rise to the grievance and providing them to the deciding official or servicing human resources representative, as requested; or taking other appropriate actions as may be required to process the grievance. A .gov website belongs to an official government .05 Employee has the meaning given in 5 U.S.C._2105 and includes former employees of the Department if the requested relief involves compensatory matters within the control of the Department management at the time of employment. Removal, if it would have adversely affected selection for appointment or promotion. "`*28vJsJIJK;iXq[. t. Misuse of the internet; misuse of the electronic mail; visiting websites or downloading material from the internet during duty time for non-official use; sending electronic mail for unauthorized purposes; misuse of data bases and other software for personal gain. Performance of unpaid, off-duty community service related to the offense. Employee Relations (ER) and other human resource practitioners are always in need of resources to guide and advise managers on a difficult topic or a subject that has never been experienced in your agency or maybe you are in search of materials to train new employees in the field ER. A written resolution agreement entered into and signed by the parties and appropriate concurring officials, as identified in Section 8.04 of this Order, will represent managements written decision with respect to the grievance it resolves. How a Current or Former Federal Employee May File an FLSA Claim 1349(b) mandates a minimum penalty of a one month suspension for unofficial use of Government passenger carrying vehicles or aircraft.]. It is required that individuals submitting grievances be provided a copy of the record under the grievance process. Employers should strive to create an environment in which employees feel free to raise concerns and are confident that those . May be issued without formal advance notice or proposal. However, an employee may not waive prospective EEO rights; and. b. A grievant may request to use an ADR process in connection with an informal or formal grievance. With this, OPM was given authority to settle claims against the United States involving Federal employees' compensation and leave. Conflict of interest includes, but is not limited to, representation by a subordinate of the supervisor or other management official or an official of a labor organization that represents or has pending a petition to represent employees under the labor officials influence. No further action is then taken on the grievance. Removal action is taken by following the procedures described above for A. The Director will take the same actions as in Section 10.03 above. An employee has the right to a representative of his/her own choosing. The ERS will provide guidance in this area; Consulting with the servicing HRO/HRC regarding employee misconduct and initiating appropriate, timely and relatively consistent corrective action as warranted; and. Serves as a written notice, and/or confirmation of counseling, and/or verbal warning that conduct is unacceptable. 0000001889 00000 n To understand the different paths that exist in the government's grievance process, it's important to know that there is a different process depending on whether you have union representation. General; Personnel Documentation; Political Appointees and Career Civil Service Positions FAQ. 0 Providing operational training support to ensure the workforce is sufficiently aware of the provisions of this Instruction. The grievant must notify the official handling the grievance (usually the employees immediate supervisor) at the informal stage, in writing, of the name and contact information for his/her representative, and must likewise notify the SHRO at the formal grievance stage. Additional information is available at: OPM. A request for retroactive promotion or retroactive adjustment of a promotion date (when the conditions required for such retroactivity by applicable decisions of the Comptroller General (C.G.) g. The individual has filed or files a complaint of discrimination on the same matter(s). This authority was initially carried out by OPM's Office of General Counsel. Administrative grievances initiated before the effective date of this Order must be processed under the superseded Order. 0000005076 00000 n }:fALwhAz.Qz>@pZ4z!C/As]B9y>t> C@}r:e.^A?u.CK?RCh'kh3F7'sZB?Z{+_Ztt5]]nI?E7BAk&:ZnN[/V~ -_A7r.CIQZ 5N5zk DWa=Gi=7+{f8LOpG@DOQi>C@p}T_9y@nH%=e*mVk8t'7'o?S]t/=}>9z6wh%Y^^*~DC?7-w]3 'gW}>PO >}}{}{}Ar~> O?}}};};}}}> O?}~s>}O}[}[}^r>}{O}nws>}O5>1wr>}';O}k}k}k}}}}}K}K}}}wpO}wpo>};O}6qOOOOO}Vro>}+qo>}+r,r,[O}p>d|O>8K$#)FQhB>z^7h4`i ^bN1b5F'4{I Zo?T?+9iM_`xMle4z:{_leli'[gCx@ E\9 Is not maintained in the employee's OPF. AFGE | Grievances .01 Appropriate official generally means the supervisor or manager at the lowest organizational level who has responsibility for the matter that is the subject of the grievance. .04 Right to representation. Telephone inquiries regarding these claims may be made to 202-606-7948. Use of an illegal drug or unauthorized controlled substance while on duty, on Government property or Government-controlled property, or on premises where official duties are performed. During this process, both a grievance representative and the federal employee are present. There are formal processes available to you, such as the grievance and EEO complaint processes. CkNr4*uT BUSZF54:tU?4Z}:NHSM4 :\gz5im3-4 \. Official websites use .gov <<024CDAE7F22017459FF29A9E5DD08FF1>]>> Allows for the intervention of an impartial third party to assist the parties in identifying the underlying issues and develop resolutions satisfactory to all parties. The opportunity to submit a written and/or oral reply, up to 7 days or in compliance with the applicable negotiated agreements, to the proposal and consideration of the reply before a decision is made. Secure .gov websites use HTTPS b. Where an employee has followed the Request for Reconsideration procedures prescribed in, the Performance Management System Handbook, the Commerce Alternative Personnel System (CAPS) Operating Manual, or the Alternative Personnel Management System (APMS) Operating Manual, as applicable; or. May be issued without formal advance notice or proposal. .11 Principal Human Resources Manager (PHRM) or Servicing Human Resources Manager (SHRM) means the head of a Servicing Human Resources Office. A written notice which states the charge(s) and reason(s) for the proposed suspension specifically and in detail. The amounts of time allowed are determined solely by management, and questions concerning duty time should be referred to the SHRO. When the employee cannot be continued in his/her present position; Reassignment at his/her present grade is not possible or practical; and. A statement that the terms and conditions of the agreement are confidential but that they may be shared with parties who have an official need to know. NAF white-collar pay, employee benefits, performance pay, and employee grievances are among the personnel functions regulated by DOD. They provide advice and guidance on the acceptance or rejection of formal grievances or specific requests for personal relief; and on whether a grievance and EEO complaint concern the same matter, in accordance with Section 6 of this Order. In the event that a decision is not rendered within 30 days of receipt by the appropriate official, the grievance shall be referred to the SHRO for processing as a formal grievance. f. Malicious or intentional damage or loss of Government- owned or Government-leased property. For failure of the employee to furnish required information at either stage of the grievance. Resources. U.S. Department of Commerce, U.S. Department of Commerce, Office of Privacy and Open Government, Directives Management Program, Senior Agency Official for Privacy (SAOP)/Chief Privacy Officer (CPO) & Director of Open Government, Deputy Program Director for Privacy and Directives Operations, Deputy Program Director for FOIA/PA and Open Government Operations, Privacy Impact Assessments by Bureau/Operating Unit, Privacy Act (PA), PII and BII Breach Notification Plan, General Privacy Laws Governing Federal Agencies, Whether and to Whom Information is Disclosed, Consent to Your Information being Collected, Privacy Threshold Analysis-Forms Template, Protecting PII and BII during Transmission, Immediate Office of the Secretary FOIA Officer, Bureau/Operating Unit FOIA & Privacy Act Contacts, Law Enforecement and National Security Exclusions, What Information to Include in Your FOIA Request, Requesting Records About Yourself Under the Privacy Act, Bureau and Operating Unit (Component) Notices, National Institute of Standards and Technology, National Oceanic and Atmospheric Administration, Senior Agency Official for Privacy/Chief Privacy Officer, Emerging Technology and Research Advisory Committee, Information Systems Technical Advisory Committee, Materials Processing Equipment Technical Advisory Committee, President's Export Council Subcommittee on Export Administration, Regulations and Procedures Technical Advisory Committee, Sensors and Instrumentation Technical Advisory Committee, Transportation and Related Equipment Technical Advisory Committee, Bureau of the Census Scientific Advisory Committee, Census Bureau National Advisory Committee on Racial, Ethnic, Other Populations, Office of Energy and Environmental Industries (OEEI), Environmental Technologies Trade Advisory Committee, Renewable Energy and Energy Efficiency Advisory Committee, United States Travel and Tourism Advisory Board, Committee of Chairs of the Industry Trade Advisory Committees, Industry Trade Advisory Committee on Aerospace Equipment, Industry Trade Advisory Committee on Automotive Equipment and Capital Goods, Industry Trade Advisory Committee on Building Materials, Construction, and Nonferrous Metals, Industry Trade Advisory Committee on Chemicals, Pharmaceuticals, Health Science Products and Services, Industry Trade Advisory Committee on Consumer Goods, Industry Trade Advisory Committee on Customs Matters and Trade Facilitation, Industry Trade Advisory Committee on Distribution Services, Industry Trade Advisory Committee on Energy and Energy Services, Industry Trade Advisory Committee on Forest Products, Industry Trade Advisory Committee on Information and Communications Technologies, Services, and Electronic Commerce, Industry Trade Advisory Committee on Intellectual Property Rights, Industry Trade Advisory Committee on Services and Finance, Industry Trade Advisory Committee on Small and Minority Business, Industry Trade Advisory Committee on Standards and Technical Trade Barriers, Industry Trade Advisory Committee on Steel, Industry Trade Advisory Committee on Textiles and Clothing, Advisory Committee on Earthquake Hazards Reduction, Board of Overseers of the Malcolm Baldrige National Quality Award, Information Security and Privacy Advisory Board, Judges Panel of the Malcolm Baldrige National Quality Award, Manufacturing Extension Partnership Advisory Board, National Construction Safety Team Advisory Committee, Visiting Committee on Advanced Technology, National Oceanic Atmospheric Administration, Advisory Committee for the Sustained National Climate Assessment, Advisory Committee on Commercial Remote Sensing, Marine Protected Areas Federal Advisory Committee, National Technical Information Service Advisory Board, National Telecommunications and Information Administration, Commerce Spectrum Management Advisory Committee, National Medal of Technology and Innovation Nomination Evaluation Committee. .04 Upon receipt of the request, the Director will take the following actions: a. b. .01 Right to file a grievance. Defense Civilian Intelligence Personnel System Employee Grievance Procedures March 25, 2012 Incorporating Change 2, November 16, 2017. Unauthorized and/or improper use of property, Government or other funds, or any other thing of value coming into an employee's custody as a result of employment. b. Any reprisal or retaliation action against an individual involved in the EEO complaint process. b. .02 Abuse of the procedure includes, but is not limited to, patterns of actions that demonstrate the individuals attempt to proceed under this Order is not made in good faith to resolve matters of concern or dissatisfaction regarding the individuals employment. The MSPB also hears and decides certain other types of cases related to merit system . 2. The return of an employee from an initial appointment to a supervisory or managerial position to a nonsupervisory or nonmanagerial position for failure to satisfactorily complete the required probationary period; k. Any other separation action not specifically excluded in this Section; l. Any matter the substance of which has been the subject of a previous grievance or a previous or current complaint of discrimination submitted by the same employee, or the subject of a grievance decision with respect to the same employee; m. A reassignment of a Senior Executive Service (SES) appointee following the appointees receipt of an unsatisfactory performance rating under 5 U.S.C._4314; n. The annual summary or narrative performance rating of an SES appointee under 5 U.S.C._4312; o. a. JUNE 27, 2023 OM 390, S. 2023 - Year-End OPCR/IPCR Review of HRDD Personnel JUNE 19, 2023 OM 387, S. 2023 - Reconstitution of the Regional Grievance Committee JUNE 22, 2023 OM 385, S. 2023 - Reiteration and Additional Requirements on the Grant of Certificate of Compensatory Overtime Credit (COC) and Availment of Compensatory Time-Off (CTO) 0000001655 00000 n SECTION 9. Is made by an employee who is not covered by the AGS. How do you know when the process is over? This Instruction applies to all Operating Divisions (OPDIVs) and offices of HHS, although those OPDIVs with an existing Table of Penalties may refer to those in conjunction with the attached Disciplinary Guide in Appendix B. A)Z@9BU?"|h1*PNZJE\ObcI%Q\Gp*U?4:FBs-QSh4tiz*h!D Note: Referral to Office of Special Counsel is required. ADMINISTRATIVE GRIEVANCE PROCEDURE - U.S. Department of Commerce The employees representative, if an employee of the Department who is otherwise in an active duty status, is entitled to use an equally reasonable amount of duty time to present the grievance. The EMPLOYEE understands that an additional offense of this nature, or any other misconduct on his/her part, may result in a proposal for more severe disciplinary action, up to and including a proposal to remove him/her from the Federal service. The SHRM or his/her designee will present the grievance to the deciding official, normally within 15 days of receipt. Specify the personal relief requested by the employee. e. Failure to submit required statements of financial interests and outside employment. Updated actions excluded from the Agency Grievance Procedures. Department of Veterans Affairs VA DIRECTIVE 5021/3 Washington, DC 20420 n[ N Sr6A ~`p[it2[!2[Y6o1 z""bAAv@ EVi=[Yv [b+b2Z,ZdXL,!Ve7V]NygCvf @ rl;i:5,GVSjZfUV9+k'jLFAf4L:hq88'[YgCvg @ DbHliZ6U]fV3-.b+;qXcDle#tdtf$b+'[YgCIl@ q( %n%n #Kp8V`tN`gEZXfNgzbqZq>m(!~8bxK@ E`HHz=53|zMC].vLn5fd$`VC[h2,nk^?;b"bl@ +"}HlL_bwHp]9 rxTle5Z1fH`%-A?@lCM6A ~WN&dnKa GQ$%&z\Nx\D.w=d7S9val=}8pqN-Y1m@ "D"}b+OR7tV{cV,sYLf7El%8*1~V946A ~W"490{)M=a4SS=T=%)kO*SoTpaFeTWrOgNMorhC@ 4[olcA`mfJ#vOFyRY;\.kbh $%$&}apawjrh@ E\9 Management must consult with the servicing Human Resources Office/Center (HRO/HRC) for guidance regarding employee/action coverage. Agreement to seek and actively participate in counseling through the Employee Assistance Program or other organization. c. Use of remarks which relate to and insult or denigrate an individual's race, color, religion, national origin, sex, marital status, age, or handicapping condition. This e-mail will be sent within 14 days of the date of the last signature of this AGREEMENT. Of the specific acts for which he/she is being reprimanded. An official website of the United States government. 616> (2007). b. Inappropriate and/or unwelcome touching or other physical contact. e. A preliminary warning notice of an . 4. If the grievant is unsure who the appropriate official is, he/she may consult with the SHRO. Matters dealing with the termination of a probationary/trial period employee before the end of the probationary period and matters relating to the termination or expiration of a temporary or term appointment. Complaint - OPM.gov - U.S. Office of Personnel Management In most HHS agencies, 4 years is the retention period for disciplinary action files. This Order also supersedes all previous operating unit or regional directives prescribing administrative grievance systems. Systems Protection Board, the Office of Personnel Management, the Federal Labor Relations Authority, or the . PDF Employee and Labor Management Relations - Federal Bureau of Prisons a. Submission of (or causing or allowing the submission of) falsely stated time logs, leave forms, travel or purchase vouchers, payroll, loan, or other fiscal document(s). d. The timeframe for a decision by the appropriate official at the informal stage or the deciding official at the formal stage shall be stayed pending the outcome of any ADR process requested and/or agreed to by the parties and authorized by the SHRM or his/her designee. .06 Grievance means a request by an employee, or by a group of employees acting as individuals, for personal relief in a matter of concern or dissatisfaction regarding their employment. Consult with the SHRM and/or OGC as appropriate. Matters (e.g., acts, failures to act, or failures to meet standards in a critical job element) that are included as the basis (e.g., reasons, charges, or specifications) for a personnel action under Part 752 or Part 432 of OPM Regulations 5 CFR that are appealable to the MSPB. The grievance must include a copy of the Stage 1 grievance and a copy of the Stage 1 decision or state that one was not issued. Compensation & Leave - U.S. Office of Personnel Management mandates that the grievance procedures in negotiated collective bargaining agreements be the exclusive administrative procedures for resolving matters covered by the agreements. Authorized delays are acceptable, but in no case should a decision be rendered more than 30 days after receipt. Individuals must be informed of their right to elect between pursuing the matter in the EEO process under part 1614 and a grievance procedure (where available) or the Merit Systems Protection Board appeal process (where applicable). Receipt or nonreceipt of any benefit conferred under a Governmentwide benefits program such as the Federal Employees Health Benefits Program, Workers Compensation, retirement benefits, etc. .12 Servicing Human Resources Office (SHRO) means the human resources office that services an employees organizational component. In certain cases, Last Chance Agreement may be an appropriate option to consider. An employee may file a formal grievance with the SHRO within 10 days of the receipt of a decision on a request for reconsideration of a summary performance rating, the effective date of a disciplinary action (if covered by these procedures, i.e., not appealable to the MSPB and not a proposed disciplinary action), or an informal grievance.

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