\* GUIDELINES FOR PREPARING FACT FINDER\'S REPORT

OF FINDINGS AND RECOMMENDATIONS

I. Suggested Headings

MEMORANDUM FOR:

FROM:

SUBJECT: Report of Findings (and Recommendations) in the Grievance

of

II\. Suggested Format:

A. INTRODUCTION

This section should be brief. Reference appointing authority for the
inquiry. Identify the employee who presented the grievance by name,
title, grade and organization, and the date the grievance was filed.
State the grievance in a clear, concise manner identifying the issues in
contention. Specify the relief sought by the grievant. List by name,
title and

office those individuals contacted for information/interviews.

B. PROCEDURAL REVIEW (Examination of Procedures)

This section should be included in a grievance alleging improper
application of regulation or misinterpretation of established policies
and procedures. Each procedural requirement should be examined. Comments
should be included relative to procedures or regulations used as
references.

C. DISCUSSION AND ANALYSIS

This section should be written in a narrative style that will facilitate
the readerFs understanding of:

1\. The issues in contention;

2\. The relevant facts in an appropriate context to assess their weight;

3\. The points of reference in regulation, custom or logic to which
assessment must relate; and

4\. The Fact FinderFs reasoning that links facts with points of
reference.

Begin the DISCUSSION AND ANALYSIS with a presentation of how the case
developed. The series of events to describe the case development should
generally be in sequential order. Identify the course of inquiry
selected and explain how the facts were obtained. Reference and cite the
various items of information of evidence relied upon in support of or
against each issue. Present the issues at stake as they developed and
the relevant contentions of

each party toward the issues.

After the development of the case has been described, the issues should
be considered in terms of valid points of references; regulations,
precedents, customs of logic and equity.

Cite the appropriate references, i.e., Merit Promotion Program, Merit
Pay Instructions. Line of reasoning should connect facts with
appropriate reference points in a manner that can lead to conclusions as
to appropriate weight of evidence (i.e., preponderant or substantial).

The report should discuss and answer all of the issues and questions
which gave rise to the grievance or were raised by either party in their
representations relative to the case. The report should not raise new
issues or questions within itself which it fails to discuss and answer.

D. FINDINGS

This section should contain positive statements of what can be concluded
about the issues that will lead to understanding and resolution.
Findings should be soundly based in facts and reasoning presented in
earlier sections of the report.

E. RECOMMENDATIONS (IF REQUESTED BY GRIEVANCE OFFICER)

This section should contain positive recommendations of courses of
action that the Grievance Officer can accept and execute to resolve the
case. Recommending statements should relate clearly to what has already
been presented with little or no repetition, reference or argumentation
needed. Recommendations must be consistent with law, regulation and
Comptroller General Decisions and within the administrative authority of
the agency. Recommendations may not be more punitive to the grievant and
should be limited to significant courses of actions pertinent to the
case. Care should be taken to avoid general program management
recommendations that may be misconstrued as gratuitous and offensive.
Recommendations may:

1\. Sustain, reverse, or modify agency action.

2\. Grant all, partial, or none of the relief requested.

III\. SIGNATURE BLOCK

Type name with signature.

\* Note

Normally, published policy/regulation that can be expected to be
available to the Grievance Officer need not be attached; rather,
material relied upon to base findings should be properly referenced or
its meaning and pertinence explained in the body of the report with that
portion of regulations relied on accurately cited. An exception may be
made for the convenience of the Grievance Officer in such instances as:
(1) there have been changes in

the regulations, the timing of which has a bearing on the case; or (2) a
short extract of a regulation that is vital to the reasoning process may
assist in ready understanding without risk of taking that portion out of
context of the total regulation. In addition, evidence received in the
fact-finding inquiry process and used to base findings must be included
as

attachments or references, as appropriate.

4/84