**ADMINISTRATIVE GRIEVANCE HANDOUT**

This handout is provided to assist you with an informal and/or formal
grievance as described in DOE O 342.1, Grievance Policy and Procedures,
approved February 2, 2006. It is not intended to replace or supplement
the DOE Order in any way. DOE O 342.1, Grievance Policy and Procedures
contain complete information regarding the Administrative Grievance
Procedures and must be referenced when filing a grievance.

**1. Terms Explained:**

a.  [Informal Grievance]{.underline}: A written grievance related to
    matters/conditions of employment under the control of DOE management
    presented by an employee or group of employees acting as an
    individual to his/her/their immediate supervisor for discussion and
    informal resolution. Participation in the informal grievance process
    is a requirement for, and precursor to, submitting a formal
    grievance.

b.  [Formal Grievance]{.underline}: A written request by an employee, a
    former employee, or a group of employees acting as an individual for
    personal relief in a matter of concern or dissatisfaction relating
    to the conditions of employment of the employee that is subject to
    the control of DOE management.

c.  [Personal Relief]{.underline}: A specific remedy within the control
    of management directly benefiting the grievant. Personal relief may
    not include a request for disciplinary or other action affecting
    another employee. Relief cannot constitute a violation of laws,
    regulations or DOE policy.

d.  [Official Time]{.underline}: An employee and the employee's
    representative (if represented and employed by DOE) are entitled to
    a reasonable amount of "official time" (eight duty hours, excluding
    official travel) to present a grievance. They are not entitled to
    official time to prepare the grievance except to the extent
    necessary to obtain information and interview witnesses not
    otherwise available during non-work hours.

e.  [Alternative Dispute Resolution (ADR)]{.underline}: A voluntary
    means of resolving employment-related disputes at any stage of the
    grievance procedures through the use of techniques such as
    mediation.

f.  [Mediation (a form of Alternative Dispute Resolution)]{.underline}:
    A confidential and speedy process whereby a trained professional
    mediator assists the parties in reaching a voluntary solution to
    their dispute. The mediator is not a judge and does not make any
    decisions about fault. If the parties reach resolution, a binding
    settlement agreement is signed with a copy forwarded to the EMCBC,
    Office of Human Resources Assistant Director. Mediation may be used
    at any stage of the grievance process. Once mediation is elected the
    time limits of the grievance process are held in abeyance pending
    the completion and/or termination of the mediation.

g.  [Days]{.underline}: Calendar days.

h.  [Fact-Finding]{.underline}: An inquiry suitable to ascertain the
    relevant circumstances surrounding a grievance and to provide the
    basis for a written report that contains appropriate recommendations
    on the matter being examined and reasons for the recommendations.

i.  [Deciding Official]{.underline}: Except in the case of the
    Secretary, an official at a higher organizational level (not
    necessarily higher grade) than any other individual directly
    involved in the grievance who has been delegated the authority to
    make final decisions on formal grievances. The deciding official is
    normally the supervisor or manager immediately above the supervisor
    to whom the informal grievance was submitted unless that individual
    was directly involved in the grievance. Involvement means more than
    mere knowledge of the matter. To have been "involved" the deciding
    official must have made or influenced a decision regarding the
    matter or must have a personal interest in the matter. In the latter
    event, the deciding official must be the next higher level
    supervisor in the management chain who was not directly involved in
    the grievance. Only the Secretary may be involved in a grievance, be
    the supervisor with whom an informal grievance is filed, and be the
    deciding official.

**2. Informal Grievance Procedures:** An employee may present a
grievance concerning a continuing practice or condition at any time. A
grievance concerning a particular act must be presented in writing to
their immediate supervisor within 15-days of the date of the act or
within 15-days of the date the employee became aware of the act. An
employee must complete the informal grievance process before the
Department may accept a grievance under the formal process. The
grievance must be presented as follows:

a.  The written grievance must first be discussed with an employee's
    immediate supervisor. The employee will specify that an informal
    grievance is being presented and inform the supervisor whether
    he/she will be requesting mediation, which is arranged through the
    EMCBC, Office of Human Resources.

b.  The immediate supervisor may not refuse to consider a grievance in
    the informal stage for any reason.

c.  The employee must clearly state the basis of the grievance and
    personal relief sought.

d.  The supervisor to whom a written grievance has been presented will
    attempt to resolve it as expeditiously as possible, seeking the
    advice and assistance of others where necessary and will give the
    employee a written decision on the matter not later than 21-days
    after the date the grievance was received. If the relief sought is
    not granted the written decision will include an explanation of the
    reasons and employee's right to request consideration under the
    formal grievance process.

e.  The informal grievance of performance appraisals and disciplinary
    actions above a reprimand will begin with the appropriate higher
    level supervisor, (e.g. the reviewing official for performance
    appraisals and the deciding official on disciplinary actions).

**3. Formal Grievance Procedures:** An employee may present a formal
grievance if the matter is not resolved in the informal process or when
the time limit for management to respond has expired without a decision.
The employee must submit the grievance within 7-days to the
Environmental Management Consolidated Business Center (EMCBC), Assistant
Director, Office of Human Resources, 250 East 5^th^ Street, Suite 500,
Cincinnati, OH 45202. The grievance must be signed and dated by the
employee and include---

a.  Sufficient information to identify and clarify the basis of the
    grievance, (e.g. detailed statement of concern).

b.  An explanation of the efforts made to resolve the grievance
    informally, and

c.  A description of the relief sought by the employee.

d.  If the employee has a representative, the representative's name,
    address and telephone number must be included in the grievance.

e.  Mediation may also be requested by either party as outlined in the
    informal grievance process.

**4. Deciding Official's Responsibilities**: The deciding official will
give the grievance fair and impartial consideration. If only a negative
decision is indicated by available information, the deciding official
will initiate fact-finding procedures. Fact-finding procedures are
initiated by sending a memorandum to the EMCBC Assistant Director,
Office of Human Resources with a copy to the employee requesting that a
fact-finder be selected to inquire into the grievance. The deciding
official may issue a written decision to the grievant without initiating
fact-finding procedures if it appears likely that the decision will be
acceptable to the grievant. The written decisions in such cases will
contain notice to the grievant that he/she may respond in writing within
7-days and request further consideration if the decision is
unacceptable. If the grievant requests further consideration in a timely
written response, the deciding official will initiate fact-finding
procedures. Within 7-days of receipt of the report of findings and
recommendations the deciding official will do one of the following.

a.  Accept the recommendations in the report and notify the employee of
    the decision with a copy to the EMCBC Office of Human Resources.
    This written decision will be final and contain findings on all
    issues covered by the fact-finding process. The employee may not
    request a further review of the same grievance within DOE.

b.  Make a final decision to grant the personal relief sought by the
    employee, without regard to the recommendations contained in the
    report, provided such relief is consistent with policy, regulations
    or other administrative or statutory requirements.