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| XIV. |
EMPLOYEE
GRIEVANCE |
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A. |
Policy |
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An eligible
employee who feels aggrieved as a result of an application of
disciplinary action such as discharge, suspension, loss of pay or
benefits, has a right to utilize the procedures available, except that
layoffs in compliance with Section XV.D are not grievable. |
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B. |
Eligibility |
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All regular
status employees are eligible. Temporary, new, and At-will employees
are not
eligible. |
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C. |
Grievance
Process |
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1. |
Step
One: |
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An employee
must file a written request for reconsideration with the supervisor who
initiated the action within five working days of the disciplinary
action, with a copy to the Personnel Department. The supervisor
must attempt to resolve the problem with the employee within five
working days after receipt of the request. |
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2. |
Step
Two: |
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If the
supervisor fails to address the reconsideration request or if the
employee disagrees with the reconsideration decision, the employee must
file a written appeal with the Human Resources Director within five working
days of the completion of Step One above. The appeal shall
include: |
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a. |
the name and
position of the Aggrieved Party |
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b. |
the name and
position of the supervisor initiating the action |
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c. |
a statement of the
underlying facts, including the dates and alleged events or conditions
which form the basis of the appeal |
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d. |
the relief sought by
the Aggrieved Party. |
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3. |
Step
Three: |
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a. |
The Department
of Personnel Management will convene an Administrative Meeting with the
employee and the supervisor to attempt settlement if the appeal is
grievable. If the Department of Personnel Management does not convene the meeting or resolve
the grievance within the ten working days, then the grievance proceeds
to Step Four. |
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b. |
The Department
of Personnel Management has the authority to terminate the grievance
process if an appeal does not satisfy XIV.A. Such decision shall be
final. |
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4. |
Step
Four: |
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If the employee
disagrees with the outcome of the Administrative Meeting, or if no
Administrative Meeting was convened, the employee must file a written
grievance appeal with the Department of Personnel Management within five
working days of the conclusion of Step Three for immediate transmittal
to the Hearing Officer. A filing fee of $25.00 must accompany this
appeal. At this point, and not earlier, both parties may be
represented by legal counsel. |
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5. |
Step
Five: |
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A Navajo Nation
Hearing Officer will conduct the grievance hearing. The Hearing
Officer will, whenever possible, hear the grievance within 30 working
days and must render a decision within ten working days thereafter. |
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6. |
The
decision of the Hearing Officer is the final administrative decision. |
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D. |
Refunds
of Filing Fee |
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If the
grievance is withdrawn or resolved prior to commencement of the
grievance hearing, the filing fee shall be refunded. |
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E. |
Grounds
for Termination of Grievance |
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Abandonment of
a case or noncompliance with required grievance deadlines and policies
by the Aggrieved Party will be grounds for termination of the
grievance. Department of Personnel Management will make such
determination and inform all parties. |
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F. |
Withdrawal
of Grievance |
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At any point in
the grievance process, an employee may withdraw the grievance. |
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G. |
Status
of Position Pending Grievance Outcome |
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Any changes
regarding a position affected by a grievance will be placed on hold by
the Department of Personnel Management until such time the grievance is
resolved or a final decision is rendered. |
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H. |
Status
of Employee Pending Grievance Outcome |
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1. |
Notwithstanding
the foregoing subsection G, disciplinary actions shall be effective
immediately upon notice to the employee. |
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2. |
Notwithstanding
an employee's involvement in a current grievance, subsequent violation(s)
of the personnel policies by the employee may result in separate
disciplinary action(s). |
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3. |
An
employee that has filed a grievance shall be allowed reasonable use of
available annual leave hours for the purpose of participating in the
grievance process. |
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I. |
Grievance
Hearing Officer |
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The Hearing Officer shall
have the authority to uphold or reverse the disciplinary action of the
supervisor, award back pay to the grievant, and when required, order
that the employee's record be expunged. The Hearing Officer may
also consider the appropriateness of the penalty imposed and if
circumstances warrant, reduce the penalty. However, in no case
shall the hearing officer increase the penalty imposed by the
supervisor. |