(DELETED) GRIEVANCE RESOLUTION

Created: 1/20/1993

OCR scan of the original document, errors are possible

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GRIEVANCE RESOLUTION

SYNOPSIS. This regulation sets forth the basic rules applicable to the presentation and handling of grievances.

a. POLICY. This regulation is applicable to grievances filed afterhe Agency undertakes to create conditions of employmentorking environment conducive to effective accomplishment of the Agency's mission and employees' job satisfaction. In furtherance of these goals, it is Agency policy that employees have the opportunity to seek resolution of job-related grievances free from restraint, coercion, or reprisal and that the Agency provide for the prompt. competent, and just consideration of such grievances, insofar as possible, the resolution of grievances will be accomplished informally by line managers and at the lowest appropriate level.his regulation is intended to delay or preclude the separation of an Agency employee in accordance with

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b. DEFINITIONS

Aubject to the limilations inmmediately below,ormal written request by an employee for remedial action concerning work-related disputes, including career problems, management action, working conditions, or other matters that affect the employee and that are subject to control by Agency management. On appeal, the inspector General (IG) is authorized toinding regardingatterrievance under thisrievance raises no presumption of improper action or wrongdoing by any party to the grievance.

Grievances will not include:

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harassment);

The content of published Agency-wide policy;

Any judgmentersonnel evaluation board or panel in ranking or selecting employees for promotion or assignment on the basis of merit, unless the grievan; can demonsD-ate with clear and convincing evidence lhat the record under consideration was significantly deficient or lhat the process was noi carried out as set forth in

nd AI

(d) Any denial or recommended denial by an Agency panel or board of anas nd

(c) Any recommendation of an Employee Review Panelersonnel Evaluation Board for disciplinary actions or termination, as set forth inand

Any nonadopcion of an employee suggestion, as set forth in H

Any disapproval of an honorary or discretionary award, as set forth in HR]

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Any other matter, such as performance appraisal as set forth in^^RH^K. fcr

hannel other ihan ihc Grievance Syslem has been established by statute or regulation for adjudication and appeal. Employees should be alert to the differences tn the processes contained in these other regulations, including diffenng time limits.

"Directorates" in this regulation are the Directorale of Administration, the Directorate of Intelligence, tbe Directorate of Operations, the Directorate of Science and Technology, and the DCI Area and "Deputy Directors" are the Heads of the directoratesesignated member ofareer Service Board other than its Head.

An "employee" for the purpose of this regulation. citizen whourrent or former staff or contract employee or. to che extent that ihe matter being grieved falls under the Agency's jurisdiction, an individual on detail to the Agency. Neither

under the authority of the DCI to serve as nonstaff

employees of. Government nor other ncnappoir.tedemployeest

(includingnonstaffcon

under the provisions of this regulation. Grievances frombe

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handled within the chain of command of the headquarters components charged with responsibility for managing the activities with which the grtevancs are associated. The highest level of appeal for such grievances will be the head of the headquartersorexample. the chief of an area division of the Directorate of

BBMpimMB|^Hp or the of Communications.

The title of "grievance officer" is reserved for the officer in each directorate whose primary duty is being responsible for the directorate's or service's grievance system and all its related aspects, such as conducting inquiries, counseling, educating, and keeping official records. No other Agency officer will carry the title of grievance officer, but those supporting Ihe grievance officer may be designated with related titles such as "grievance counselor."

The "parties to the gnevance" are the grievant and those Agency employees who are the subject of the grievance.

PROCESS. Withinalendar days after learningarmful action has takenemployee must seek an informal resolution within the appropriate component and.is unsuccessful before the end ofday period, exercise the option to filegrievance. For example, if an employee discovers todayemorandumand possibly damaging information was put into his or her personnel fileago. the employee hasalendar days from today-the date he or sheaware that something harmful has occurred--to attempt an informalthe component, and if no agreement-can be.reachcd. toormalthe informal attempt to resolve the problem and the filingormalbe completed in thecalendar-day

INFORMAL RESOLUTION. Employees are expected first to seek resolution of work-related disputes informally within their components through consultations with their supervisors and other component and directorate officials in accordance with Ihe component's procedures for dispute resolution. When work-related disputes concern matters under the jurisdiction of components in other directorates of the Agency, employees may consult responsible officials in those components.

FORMAL RESOLUTION

(a) General. An employee who is dissatisfiedomponent's informal attempts toork-related dispute may. withinalendar days of the date theirst becomes aware of the action giving rise to the grievance,ormal grievance in writing, usingfficial Grievance Package (see)anager in the employee's component chain of command in accordance with ihe component's grievance procedures. This submission must provide sufficient details to make clear ihe nature and basis of the grievance, the individuals against whom it is brought, and the specific relief

requested. Failure of the grievant toritten grievance withincalendar-day period, even if the informal resolution has not been completed, eliminates the right of the employee to pursue the grievance. An employee mayrievance initially at any of the three levels in the process: the employee's component management, the directorate grievance officer, or the Deputy IG for Investigations. Unless unusual circumstances warrant otherwise, the recipient will, withinays, refer the grievance for resolution to the lowest possible level.

An employee who chooses toormal grievance atlevel shall do so in accordance with the component'sprocedures. Withinalendar days ofrittenextended by agreement of the parties to the grievance and the head ofofficials in the component will review the grievance, gatherall relevant information, and provide the gnevantrittenby the component head, including findings, conclusions, andresolution of the grievance. Should the component not reachwithincalendar-day period or should thearty to the grievance, any of the parties may appeal the casethrough the grievance officer to the Deputy Director responsible forwithinays of receipt of the response or expiration of the

Withinalendar days of receiving an appeal to theorrievance directly, unless extended by agreement ofofficer and the appealing -party, the grievance officer will reviewrecord of the grievance and decide whether to (t) recommendcomponent's decision, if one wasemand the matter tofor further information or actionpecified time limit, ora separate inquiryeasonable time limit specified byofficer. If the grievance officer cannot resolve the matter withoutDirector's involvement, the grievance officer will provide thea written report of his or her findings andinal directorate decision. The grievance officerthe parties to the grievance in writing of the Deputy Director'sthe decision not satisfy any party to the grievance or should thefail toecision withinalendar days of receiving therecommendation, any party may appeal the matter to the(EXDER) in writing withinays of receipt of the responseof the time period.

Director. Withinalendar days of receiving an appeal toorrievance directly, unless extended by agreement ofIG for Investigations and the appealing party, the Deputy IGwill review the written record of the grievance and decide(I) recommend accepting the Deputy Director's decision, if one was

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remand the case to the grievance officer for further information or actionpecified time limit,onduct an investigationeasonable time limit specified by the Deputy IG for Investigations. If the Deputy IG for Investigations cannot resolve the matter with the Deputy Director and without the EXDIR's involvement, the Deputy IG for Investigations will provide tlie IGritten report of the investigative findings and conclusions with recommendations for the IG's submission to the EXDIR. Withinalendar days of receiving the IG's recommendations, the EXDIR will decide whetherccept ihe IG'semand the case to the IG for further information or actionpecified time limit,ifferentecision by the EXDTR concerning resolution of the grievanceinal Agency determination and may not be reviewed or appealed further. The Deputy IG for Investigations will inform the parties to the grievance in writing of (he EXDIR's decision.

d. LMPLEME.NTATION PROVISIONS

Privacy Channels. To ensure that employees serving overseas or at field sites in the United States have full, unimpeded access to the gnevance system, the Office of Communications will maintain privacy channels for the communication of grievance-related messages to any of ihe directorate grievance officers and io the IG. Access to this channel will be limited to panics to ihe grievance, the grievance officers, and designated employees of the Office of IG.

Intervievjs. The parties to the grievance will be interviewed at the first grievance resolution level. At each subsequent level of the process, except at ihe level of the EXDIR's review of IG recornmendations. the appealing party will be interviewed. Other interviews shall be conducted as the official responsible forjbe investigation deems appropriate.

rievant. wiih the approval of the grievance officer in the directorate in which the grievance is filed, may select an Agency staff employee who agrees to assist ihe panics lo resolve the grievance. The grievance officer may disqualify this facilitatorrievance becauseonflict of interest or position, conflict with the needs of the Agency, or unreasonable cost. The grievant may appeal such disqualification to the IG. whose decision is final.

Third-Parly Assistance. At any point in the grievance process the parties to the grievance may. by mutual agreement and consistent with the protection of Agency sources and methods, enlist from within or outside iheroperly cleared third party to assist in resolving ihc dispute through counseling, mediation, negotiation, arbitration, or some alternative meihod of dispute resolution.

Records. Tne responsible officer ai each level of the grievance process (Head of component, directorate grievance officer, and Deputy IG for Investigations) will ensure that formal records are maintained including all materials, reports, and

information relating to the processingrievance in accordance with the Agency-wide system of recordkeeping for grievance files developed by the Agency Information Management Officer.rievance is appealed, the next level will take immediate possession of all written records relating to the grievance.

Access to Grievance Files. The parties to the grievance and the facilitatorrievance are entitled to read and review the substance of all written records relating to the grievance,ime determined to be appropriate to the matter by the official responsible for the investigation. In those extraordinary situations inrant of confidentiality is required, the identification of the source will be protected from disclosure to the parties and the facilitator. However, such grants of confidentiality will not preclude disclosures required or permitted by provisions of applicable law.

fficial Grievance Package. This form is composedover sheet, grievance routing sheet, and component grievance record. The grievance routing sheet as pan of the Official Grievance Package accompanies the component grievance record throughout the process and is annotated with the dates the grievance is initially submitted and passed from one level to Lhe next. These dates will constitute the official basis for determining the various time penods provided in this regulation.7 may be obtained from Agency supply rooms, directorate grievance officers, and the Office of Inspector General.

Expiration of Time Limits. Failure of an individual torievance or to appeal itigher level within the lime limits provided in this regulation eliminates the individual's right under this regulation to pursue that grievance. At any point in the grievance process, the parties to the grievance and the official responsible for the tnvesugation may. by mutual agreement, extend the time limit, or any*of the parties to the grievance may appeal to the IG for an extension of time. Any partyrievance who has lost the right torievance may. based on exceptional cause, appeal the expiration of the appeal lime limit to the next level deciding authority. Any extensions of time for further investigation, based on exceptional causes, will be made only by the Deputy Director concerned or the IG.

Remand.rievance is remandedower level for further information or action, the officer making that decision willeasonable tune for delivery of the additional information or completion of the action.

If at any stage of the formal grievance process the grievant isa resolution, he or she willritten statement to that effect,the matter. The employee may reopen the matter only by presentingthat was not previously discoverable by the employee in the exercise ofand that materially affects the basis for resolution, or by presentingnoncompliancerevious determination or of reprisal for pursuinga grievance

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e. RESPONSIBILITIES

Employees must make reasonable efforts to resolve disputes informally. Employees who use the formal grievance system must do so in compliance with the procedures and time limits provided by this regulation and by the component and directorate dispute-resolution and grievance procedures, and must not press frivolous, capricious, or harassing complaints. Employees have the initial responsibility to preseni the facts and circumstances that they believe support their grievances and to articulate clearly the relief sought.

Supervisors are expected to address work-related disputesimely, fair, and effective manner and to cooperate fully in the resolution of grievances.

request, gnevar.ee officers will provide staff support and advice onwithin their directorate to their Deputy Directors, componentemployees. Grievance officers wiil counsel employees and handlethe goal of achieving prompt, equitable resolution of problems as informallyGrievance officers will provide grievance resolution oversight andtheir directorate and are responsible for developing thorough reportsrecommendations designed to resolve disputes without biasor managers.

Deputy Directors will establish directorate grievance procedures consonant with the provisions, of this regulation. Those procedures should offer the panics to thehoice of options forispute. Deputy Directors also are responsible for ensuring timely, fair, and effective resolution of grievances brought to them by the grievance officers and ensuring thai grievance officers areosition to perform Lheir functions properly.

Acting for the EXDIR. the IG will be the overseer of the Agency-wide gnevance and dispute resolution system and will be responsible for ensuring that decisions are implemented properly and for conducting grievance resolution training and certification for personnel throughout the Agency.

The EXDIR is the final deciding official for the Agency on all grievances pursuant to this

f. PENALTIES

or Reprisal. Any employee who inflicts any form of reprisal on another employee for pursuing resolution of work-related issues, or for discussing, planning to file, filing, orrievance is subject to administrative action as Agency management may deem appropriate, to include oral warning, letters of reprimand, suspension without pay. and, in the most extreme cases, termination of employment.

For Abusing Ihe Grievance Svstem. Any employee who files frivolous, capricious, or harassing complaints may be subject to administrative action as Agency management may deem appropriate, to include oral warnings, letters of reprimand, suspension without pay, and in (he most extreme cases, termination of employment.

Failure to Implement Agreed Decisions. Any employee who fails to implement an agreed resolutionnevanceeasonable time may be subject to administrative action as Agency management may deem appropriate.

Requests for suspension or termination because of reprisaJor abuse of the grievance system will be prepared in accordance with HRnd forwarded to the Director of Personnel, with all pertinent documents attached.

Acting Director Central Intelligence

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