D.C. Mun. Regs. tit. 22, r. 22-B8503

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 22-B8503 - GRIEVANCE PROCEDURE

8503.1

Policy: PBC shall strive to settle disputes between managers and employees through the establishment of a grievance procedure.

(a) The grievance procedure should accomplish the following:

(1) Resolve the complaint expeditiously;

(2) Give all involved an opportunity to present all relevant information; and

(3) Encourage and promote fair and equitable treatment among employees and managers.

(b) The Employee Relations Department is available to assist those who desire to avail themselves of the grievance process.

8503.2

The following procedures are applicable:

(a) Step 1: The employee may submit a written, signed grievance and discuss the problem with his/her immediate supervisor. The grievance shall be submitted within a reasonable time frame of the incident or issue, not to exceed thirty (30) days from the occurrence. The specific complaint shall be specified, along with the remedy sought. The supervisor shall give a written answer to the employee within five (5) working days of the discussion of the incident and/or the receipt of the written grievance, whichever is later;

(b) Step 2: If the grievance is not settled in Step 1, the employee may, within five (5) working days of the answer in Step 1, present the written grievance to the department manager or his/her designee. As in Step 1, the employee shall receive a written answer within five (5) working days;

(c) Step 3: If the grievance is not settled in Step 2, the employee may, within five (5) working days of the answer in Step 2, present the written grievance to the Director of Employee Relations or designee. A third step hearing shall be scheduled. The employee shall receive a written answer from the Director of Employee Relations within ten (10) working days of the hearing;

(d) Step 4: If a grievance is not settled in Step 3, the employee within ten (10) working days of the answer in Step 3 may present the written grievance to the Grievance Review Committee. The Committee shall consist of no more than six (6) members, to include the Vice President of Human Resources, two (2) senior level administrators, two (2) union representatives, and one (1) non-union representative. The Committee shall meet twice per month to review grievances filed timely before it. After discussion, it shall render a written decision which shall recommend a resolution of the grievance; and

(e) Prior to the recommended solution, the following guidelines are applicable:

(1) Grievances filed at Steps 3 and 4 shall be conducted by a hearing. Statements shall be made by the parties and evidence presented. The manager of the department taking the action shall present the case, and the employee/union representative shall then present their case. Questions are permitted by both parties. The Hearing Officer at Step 3 or the Committee at Step 4 shall preside and ask questions as appropriate. Closing statements will then be made. The Hearing Officer/Committee shall take notes, and then present a written decision within the time limits specified above. Nothing precludes the parties from discussing a resolution at any time during the above process;

(2) Non-union employees may have another non-union employee from within the PBC appear with them at any of the grievance steps if they so desire. Union employees may attend with their representative. Employees must receive their manager's approval to attend, which shall not be unreasonably denied. Outside counsel shall not be permitted in any internal PBC process, including the grievance procedure;

(3) The grievant shall be allowed time off without loss of pay to attend such hearings during working hours. (This should not be construed as a guarantee that the grievance shall be scheduled during working hours in all cases);

(4) Failure of the grieving employee to initially file the grievance or proceed to the next step in the grievance procedure, within the time specified above, shall constitute a full and final denial of the grievance;

(5) Time limits are exclusive of Saturdays, Sundays, and holidays; and

(6) Employees may file grievances over suspensions and terminations initially at Step 3 of the procedure.

D.C. Mun. Regs. tit. 22, r. 22-B8503

Final Rulemaking published at 45 DCR 7353, 7388 (October 9, 1998)