Bureau of Land Management

National Training Center Fire and Aviation

Do What’s Right

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Welcome

This program is directed to everyone in the fire community, regardless of your position or

location. Everyone needs to understand their rights and responsibilities and the consequences of

their actions. We deserve a workplace that we look forward to coming to each day. We have the

right and should feel proud of the work we do. Taking pride in the duties we perform and acting

with integrity and respect is what today’s program is all about.

We will refer throughout this session to Leadership and Professionalism. True leaders and

professionals embody the personal values of duty, integrity, and respect.

Goals and Objectives

As employees representing the government you will be ready to Do What’s Right by:

• Acting consistently with your responsibilities,

• Exercising your rights; and

Recognizing the consequences of inappropriate behavior to:

• You

• Safety and Health

• Others

• The Reputation of Your Organization

Rights, Responsibilities and Consequences

All employees have a right to:

• A safe and healthy environment

• Freedom from discrimination and harassment

• Be treated with dignity and respect

All employees have the responsibility to:

• Perform all jobs in a safe manner

• Behave appropriately

• Treat others with dignity and respect

• Immediately report inappropriate behavior

• Correct inappropriate behavior

• Obey the law

Serious consequences can result for not doing what’s right including:

• Compromising the safety of yourself and others

• Disciplinary action up to and including firing

• Embarrassment to the agency

• Personal liability

• Legal action

• Criminal charges
Bureau of Land Management

National Training Center Fire and Aviation

Do What’s Right

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Section B – Inclusion and Respect

Thrive on the challenge of doing a job well.

Discussion Notes
Bureau of Land Management

National Training Center Fire and Aviation

Do What’s Right

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Section C – Discrimination and Harassment

You are accountable for your actions on the line just as you are in the office.

Discussion Notes
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National Training Center Fire and Aviation

Do What’s Right

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Section D – Public Perception

The public’s perception of a good fire season is different than ours.

Discussion Notes
Bureau of Land Management

National Training Center Fire and Aviation

Do What’s Right

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Section E – Alcohol and Fitness for Duty

Discussion Notes

Reputation takes time to earn and no time to lose.
Bureau of Land Management

National Training Center Fire and Aviation

Do What’s Right

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Section F – Social Media

Assume the public is always watching.

Discussion Notes
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National Training Center Fire and Aviation

Do What’s Right

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Section G – Ethical Behavior, Integrity and Policies

There are consequences for misconduct, even off

duty.

Discussion Notes
Bureau of Land Management

National Training Center Fire and Aviation

Do What’s Right

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The EEO Process

EEO Counseling

As an employee or job applicant, you are protected from discrimination based on the following

categories

Federal statutes and regulations–Title VII of the Civil Rights Act of 1964, Pregnancy

Discrimination Act, Age Discrimination in Employment Act, Rehabilitation Act, Equal Pay Act,

Genetic information and Nondiscrimination Act and Title 29 CFR. Part 1614 – are in place to

offer relief to victims of discrimination.

An allegation of discrimination may result from any employment issue or action such as hiring,

promotion, time and attendance, work environment, training, appraisal, discipline, firing, layoffs,

or other terms, privileges, conditions, and benefits of employment.

What You Have To Do

If you believe you have been discriminated against, you have 45 calendar days to

contact an EEO Counselor to try to resolve the matter. EEO Counseling provides an

opportunity to raise questions, discuss allegations, get timely information, and seek

solutions.

What Counselors Do

• Determine the issue (actions the agency has taken that cause you to believe you have been

discriminated against) and the basis (race, color, sex, religion, national origin, age, sexual

orientation, disability or reprisal) of the matter.

• Conduct an inquiry in the 30 calendar days following the initial interview. Counseling can be

extended an additional 60 days if you have agreed in writing to participate in an alternative

dispute resolution (ADR) procedure.

• Seek resolution acceptable to both you and management.

• Document the resolution or advise you of your right to file a formal discrimination

complaint.

• Counselors never act as advocates either for you or management.

• Counselors never determine if discrimination has occurred.

When Counseling Doesn’t Resolve the Matter

If the problem has not been resolved by the end of the counseling period, the Counselor holds a

final interview and issues a Notice of Final Interview. This provides information on how to file a

formal complaint along with the names and addresses of persons authorized to receive

complaints. You have 15 days to file a written formal complaint.

Race; Color; Religion; Sex (including gender, gender identity, sexual orientation, and

pregnancy); National Origin; Disability; Age (40 or older); Genetic Information; Reprisal for

Protected EEO Activity
Bureau of Land Management

National Training Center Fire and Aviation

Do What’s Right

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Alternative Dispute Resolution – Mediation

ADR is an umbrella term for any one of several approaches to settling disputes and is a strategy

for producing winners on both sides of a conflict.

ADR can be used to resolve both informal and formal EEO matters. If you choose ADR, your

rights to traditional administrative redress and due process systems are preserved if ADR fails.

Why Choose ADR

• It promotes the early resolution of EEO disputes.

• It reduces disruptions resulting from interpersonal conflicts in the workplace.

• It promotes lasting solutions and may reduce the potential for future conflict.

• It fosters an environment of teamwork and cooperation.

Mediation

Mediation, a type of ADR, is a confidential problem-solving process conducted in a neutral

environment. It can be a timely, cost-effective and less stressful alternative to other processes.

Mediators are trained to facilitate communication about difficult issues. They guide individuals

in reaching mutually-agreeable solutions to disputes using a process which ensures that the

concerns of all parties are understood and considered.

Who Uses Mediation?

Mediation can be appropriate when disputing parties want to resolve conflict and take

responsibility for implementing agreed-upon solutions, especially when the primary relationship

between the disputants extends beyond the conflict at hand. Mediation can help you to attain a

better understanding of the issues.

Who Are the Mediators?

Mediators may employees of BLM or another agency employees, private-sector

practitioners, or qualified persons from other sources. Mediators are neutral and do not

render judgments or decisions.
Bureau of Land Management

National Training Center Fire and Aviation

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Formal Complaints

If the informal EEO counseling process is completed without a resolution, you can choose to

file a formal complaint of discrimination.

The complaint of discrimination must:

• be submitted in writing;

• be filed within 15 calendar days of receipt of the EEO Counselor's Notice of

Right to File a Discrimination Complaint;

• be specific and limited to matters discussed during informal counseling;

• should state to the complainant's best knowledge, information, and belief what personnel

matter or action occurred in which they were treated differently from others not in their

protected group (e. g., race, sex, age) and when it occurred; and

• be signed by you, the complainant, or your attorney.

The complaint can be mailed or emailed to the offices indicated on the Notice of Final Interview.

Investigation of Complaints

If your complaint is accepted it must be processed within 180 calendar days. An investigator is

assigned who compiles a case file that includes witness statements and relevant documents. You

will then be provided with a copy of the Report of Investigation. Settlement attempts will

continue.

After receiving the Report of Investigation, you have 30 calendar days to request either an

immediate decision by the Department of Interior or a hearing before an Administrative Judge

from EEOC. If a hearing is requested, the Administrative Judge will issue findings of fact and

conclusions within 180 calendar days and provide the Department with a recommended

decision. The Department has 60 calendar days to reject or modify or use the recommended

decision.

Age Discrimination Complaints

For complaints based on age, you may choose to forego the complaint process and go directly to

court. You must advise the EEOC 30 calendar days before such filing in District Court.

Equal Pay/Compensation Discrimination

An individual alleging a violation of the Equal Pay Act (EPA) may go directly to court and is not

required to file with the EEOC beforehand. The time limit for filing an EPA charge with the

EEOC and the time limit for going to court are the same: within two years of the alleged unlawful

compensation practice or, in the case of a willful violation, within three years. Filing with the

EEOC under the EPA does not extend the timeframe for going to court.

Freedom from Reprisal

The complainant, representatives, witnesses, EEO Officers, investigators, and counselors are to

be free from restraint, interference, coercion, discrimination, or reprisal at all stages of an EEO

complaint. If any of these persons allege reprisal, they may file an individual complaint of

discrimination.
Bureau of Land Management

National Training Center Fire and Aviation

Do What’s Right

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Prevention and Elimination of Harassing Conduct

Personnel Bulletin No. 18-01

Employees who are subject to harassing conduct are encouraged to report the matter to:

1. The Supervisor of the employee engaging in the misconduct

2. Another supervisor or other management official;

3. The servicing Human Resources office; or

4. The Office of the Inspector General (OIG)

• Employees who witness possible harassing conduct directed at others are expected to

report the matter.

• Management officials who observe or are informed of harassing conduct have a duty to

act, which can include:

1. Report the conduct/allegations to the appropriate officials.

2. Ensure a prompt investigation is conducted.

3. Take steps to ensure the harassment is appropriately addressed.

Is it or isn’t it sexual harassment?

It is sexual harassment when:

• It goes beyond the point of comfort and is pervasive and severe.

• It is unwelcome and repeated.

• It interferes with a person’s ability to work.

• It creates a hostile environment for an employee whether the harasser agrees or not.

• It includes same sex harassment and non-employee harassment.

• Employment opportunities or benefits are granted because of submission to requests for

sexual favors.
Bureau of Land Management

National Training Center Fire and Aviation

Do What’s Right

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Administrative Grievance Procedures

DOI Administrative Grievance Procedure, Part 370 DM, Chapter 771

Applicability – the grievance procedure is available to non-bargaining unit employees of the

Department of the Interior and those bargaining unit employees who are not covered by a

negotiated procedure or contract. Bargaining unit employees who are represented by a Union and

covered under negotiated procedures should follow the grievance process contained within their

respective contract.

Grievance – a request by an employee for personal relief in a matter of concern or dissatisfaction

relative to their employment and which is subject to the control of management.

Policy – DOI encourages prompt, informal resolution of any dissatisfaction or disagreement

amongst employees at the earliest opportunity and the lowest level possible. The DOI

administrative grievance policy is a collaborative process, which promotes the use of ADR and

attempts to avoid a “win-lose” outcome. Employees are free to use the grievance process without

restraint, interference, coercion, discrimination, or reprisal.

Alternative Dispute Resolution (ADR) – a process for seeking consensual resolution of the issues

and concerns underlying a grievance.

Informal Procedure/ADR – prior to engaging in the formal grievance process, the grievant and

the grievance official are strongly encouraged, where appropriate, to engage in ADR in an

attempt to resolve the issue. An employees must present a grievance in writing within 15 days

(all references to “days” means calendar days, unless otherwise stated) of the particular action or

inaction giving rise to the grievance, or 15 days from the date the employee became aware of the

action/inaction.

An informal grievance must be submitted in writing to the grievance official with a copy

provided to the Servicing Human Resources Officer (SHRO). The option to pursue ADR, if not

already considered and rejected, will be raised by the SHRO for consideration by the grievant. If

there is no agreement to enter into the ADR process, the grievance official must provide the

grievant a written decision within 10 days. If the relief requested is not granted, the grievant is to

be advised of the time limit in which to request further consideration under the formal procedure.

(In general, the time frame in which to request formal consideration is within 7 days of receipt of

the informal decision or from the end of the ADR process).

Employees are not required to engage in the informal process where their grievance is related to

a written reprimand or other disciplinary action that has provided an opportunity to respond and

a subsequent decision in the matter. In those cases, employees may proceed directly to the formal

grievance procedure

Formal Procedure – If the grievance is not resolved at the informal/ADR level, an employee may

file a formal grievance. Formal grievances must be filed in writing, using the AGF (DI 7600)

form and must include a copy of the informal decision or ADR termination document, as

appropriate. Once accepted, the formal grievance will be assigned to an appropriate deciding
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official as determined by management in consultation with the SHRO. At management’s

discretion, ADR may again be offered at this point, which, if used, may hold the grievance in

abeyance for up to 45 days. An employee is entitled to make an oral presentation on the

grievance matter if they have requested to do so when completing the DI 7600 grievance form.

The deciding official will provide a written response to the grievant within 20 days from the date

the grievance matter was referred to them, or, if requested and made, 20 days from the date of

the oral presentation. The decision/response from the deciding official should include a summary

of the grievance, the consideration given to it, and the conclusion reached. The decision of the

deciding official is final and there are no additional rights of appeal.

More information can always be found on www.nifc.gov.