This informal discussion is normally required before proceeding to the level of a formal grievance. The employee's informal grievance shall be considered initially by the employee's immediate supervisor or other appropriate management official. Grievances concerning performance appraisals will normally be referred to the reviewing official of the appraisal for informal processing.
If the grievance involves a matter which must be resolved outside the employee's bureau, then the grievance should be referred to the organization or office which can give the grievance appropriate consideration.
If in doubt, the supervisor may request assistance from OHR in identifying the appropriate office. The immediate supervisor or other official who processes the grievance must hear the employee and determine whether the grievance is a proper one for consideration under these procedures.
If not, the employee should be so notified. Even if the grievance is rejected on procedural grounds, the management official may elect to review the issues raised in the informal grievance to consider appropriate action.
If the grievance is subject to consideration, the management official then confers with the employee, reviews the merits of the case and makes any appropriate efforts to resolve the grievance. The employee shall receive an oral or written reply normally no later than 10 calendar days after receipt of the grievance by the appropriate management official capable of resolving the grievance, unless the parties have agreed to an extension.
The reply will:. The deciding official for a formal grievance must be at a higher organizational level than the individual handling the grievance at the informal stage normally the next higher level supervisor.
A formal grievance must be received by an appropriate official no more than 10 calendar days after the employee receives the decision on the informal grievance. If no reply to the informal grievance is received, the employee may submit the formal grievance within 10 calendar days from the date the reply should have been received. The formal grievance must be in writing and be given or sent to the deciding official named in the informal decision, or designated by OHR if no informal decision is received.
Only those matters which were considered under the informal procedure may be considered under the formal procedure. The formal grievance should be identified as such and provide sufficient detail to clearly identify the basis for the grievance, the personal relief or adjustment sought, why the results of the informal procedure were not satisfactory, and the name and address of the employee's representative, if any.
The deciding official establishes and maintains an official grievance file which contains all documents relevant to the grievance, including the memorandum for the record prepared at the informal stage of the grievance. The deciding official must determine if the grievance is timely, is covered by the grievance procedure, and has been through the informal procedure.
If the grievance does not meet any of these criteria, the deciding official advises the employee in writing that the grievance is rejected or redirected and explains why. In examining the issues and considering the merits of the case, the deciding official may elect to use the services of a fact finder or may choose to consider the facts and merits personally. If the services of a fact finder are not used, the deciding official may wish to meet with the grievant and representative, if one is designated , and other individuals having relevant information, in addition to considering the written grievance.
The written decision should be delivered to the grievant within 10 calendar days of receipt of the grievance or an extension agreed to among the parties see section 7, "Final Grievance Decision", paras. The deciding official may determine that the services of a fact finder are necessary and request the OHR to appoint one.
The appointment will be made within 10 calendar days of receipt of the formal grievance i. Fact Finder. Fact-finding may be conducted only by a fact finder who is experienced in grievance examination or similar activities. A fact finder may be a Smithsonian employee or a non-Smithsonian employee.
However, a fact finder must be an individual who is not, directly or indirectly, under the jurisdiction of the deciding official. A grievant may object to the appointment of a particular fact finder if the grievant believes that individual will not be fair or objective in conducting the inquiry.
An objection must be submitted in writing to the Director, OHR, within 5 days of being notified of the name of the proposed fact finder. The Director, OHR, will advise the grievant in writing whether or not the objection is accepted and, if so, the name of the new fact finder. Time limits. Generally, the fact finder shall be allowed a maximum of 45 calendar days to conduct the grievance inquiry and prepare a report. The fact finder will restrict the inquiry to the issues raised in the formal grievance.
Appeals will be considered if the justification is due to:. The decision on appeal will be made within a reasonable time within 30 days. The decision of the Provost will be final. A staff member should exhaust the remedies available in the University grievance procedure prior to instituting any proceedings regarding the subject matter of the grievance in any state or federal court or agency.
If, prior to or subsequent to commencing a complaint under the University grievance procedure, a staff member files a claim regarding the subject matter with a state or federal court or agency, the University reserves the right to discontinue the grievance proceedings.
As a result that particular grievance will not be considered any further. The representative may be present to provide emotional support to the staff member but may not participate in the process. Note taking is allowed, but tape recording of the meeting is prohibited. The attorney will not be permitted to speak on behalf of the staff member but may sit in support and observe.
Skip to main content. Office of Human Resources. Employee resources. You must present the written grievance to your immediate supervisor within 10 working days of the last informal meeting to resolve the grievance. Upon receipt of the written grievance, the immediate supervisor shall have 30 working days in which to provide you with a written answer to your grievance.
Upon receipt of this written grievance, this administrator shall have 30 working days in which to provide you with an answer in writing, with a copy forwarded to the Director of Human Resources. If good faith efforts to resolve the grievance within the department are not successful, you should, within the next 10 working days, direct the complaint to the Office of Human Resources.
The Director of Human Resources will review the complaint in an objective, confidential manner and attempt to mediate the situation in light of all the relevant facts and their relation to College policy. If upon receipt of the answer from the Director of Human Resources you remain unsatisfied, you may take the grievance to the final level of review by the Vice President in charge of your area.
To do so, you must provide written notification of such dissatisfaction to the Vice President in charge of your area, with a copy to the Director of Human Resources within 10 days after receiving the answer from the Director of Human Resources.
The Vice President in charge of your area shall promptly investigate and, if necessary, conduct a hearing upon the grievance. The Vice President in charge of your area shall render a written decision concerning the matter within 30 calendar days and furnish copies thereof to the parties involved, including the Director of Human Resources.
The decision of the Vice President in charge of your area will be final unless the President of the College exercises the right to review the decision and to modify or reverse it.
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