POLICY TO REQUIRE SUCH AN INFORMAL MEETING. HOWEVER, THESE MEETINGS ARE BY THEIR NATURE INFORMAL, AND ARE NOT HEARINGS. THE GRIEVANCE PROCEDURE MAY BE CONSIDERED AS ONE FORM OF ALTERNATIVE DISPUTE RESOLUTION. THE FILING OF GRIEVANCES WITH THE AGENCY AND APPEALS WITH THE MERIT PROTECTION COMMISSION ARE SEPARATE ACTIONS, AND NOT ALL ACTIONS WHICH MAY BE GRIEVED MAY BE APPEALED TO MPC.
BLACK'S LAW DICTIONARY DEFINES THE FOLLOWING:
"1. "REPRESENTATIVE "TO MEAN ONE WHO REPRESENTS OTHERS OR ANOTHER IN A SPECIAL CAPACITY, AS AN AGENT, AND TERM IS INTERCHANGEABLE WITH AGENT.
2. "AGENT" MEANS A PERSON AUTHORIZED BY ANOTHER (PRINCIPAL) TO ACT FOR OR IN PLACE OF HIM; ONE INTRUSTED WITH ANOTHER'S BUSINESS."
THE LEGISLATURE HAS PROVIDED FOR THE GRIEVANT TO HAVE THE ASSISTANCE OF ANOTHER PERSON OF HIS OR HER CHOOSING. THERE ARE NO STATED REQUIREMENTS OF PROFESSIONAL STATUS OR LICENSING FOR THE REPRESENTATIVE, SUCH AS A LAWYER. TO THE UNDERSIGNED THIS APPEARS CONSISTENT WITH THE INFORMAL NATURE OF THE PROCEEDING. IT IS MY OPINION THAT TO THE EXTENT THE EMPLOYEE MAY PARTICIPATE IN STEPS 2 AND 3 OF THE GRIEVANCE PROCEDURE, THAT HE OR SHE MAY AUTHORIZE HIS OR HER REPRESENTATIVE TO ACT OR SPEAK IN HIS OR HER BEHALF. THEREFORE, WHERE MERIT RULE 7.3.9 PROVIDES FOR THE EMPLOYEE TO PRESENT HIS OR HER GRIEVANCE ORALLY, I BELIEVE THE REPRESENTATIVE MAY SPEAK FOR THE EMPLOYEE. HOWEVER, AS TO FACTUAL MATTERS TO BE RELIED UPON, IT WOULD BE REASONABLE FOR THE AGENCY TO REQUIRE THE EMPLOYEE TO STATE THE FACTS OR OTHERWISE AFFIRM THEM.
FURTHER, THERE APPEARS TO BE NO INHERENT RIGHT OF FORCED DISCOVERY IN THIS PROCESS; AND IF THERE IS A NEED FOR DISCOVERY SUCH AS DEPOSITIONS OR PRODUCTION OF DOCUMENTS, BEYOND OPEN RECORDS OF THE AGENCY, THEN OTHER FORMAL EMPLOYEE REMEDIES SHOULD BE INVOKED.
(JOHN M. CRITTENDEN)