Grievance Systems Should Provide All Federal Employees an Equal Opportunity for Redress
FPCD-77-67: Published: Jun 13, 1978. Publicly Released: Jun 13, 1978.
- Full Report:
Three basic grievance procedures available to federal employees are set forth in agreements negotiated by collective bargaining representatives, Civil Service and agency rules and regulations, and statutory provisions. Most federal employees have access to grievance procedures under an executive order and/or the Code of Federal Regulations (C.F.R.).
There are many variations among available grievance systems. Some federal agencies are exempt from requirements of the executive order and C.F.R. Their grievance procedures range from legislated and highly structured systems, such as the one for Foreign Service employees, to unilaterally imposed and more informal systems, such as the one at the Federal Bureau of Investigation. Effectiveness of grievance procedures depends on flexibility and attitudes as well as broad coverage, impartial review, expeditious handling and resolution of complaints, and avoidance of excessive costs. There has been confusion about subject areas covered by grievance procedures and applicability of procedures to particular complaints. Under some systems, an impartial adjudicator is available but, under others, final review is by higher management. Other shortcomings include delays of up to a year, the grievant's lack of recourse when the agency fails to comply with procedures, and the absence of criteria for determining when a hearing is necessary.
Recommendation for Executive Action
Comments: Please call 202/512-6100 for additional information.
Recommendation: The Chairman of the Civil Service Commission (CSC) should improve agency grievance systems through: (1) the appointment of an impartial grievance examiner, not under agency control, to review unresolved grievances; (2) the development of specific guidance for grievance examiners to use in determining when an employee is entitled to a hearing; (3) a requirement that the examiner's decision be accepted unless the agency head determines that the decision was arbitrary or capricious, contrary to law, regulation, or policy, or not supported by evidence; and (4) an appeal right to CSC if the agency fails to comply with requirements. Under Executive Order 11491, the scope of grievable issues should be expanded to permit the inclusion of matters now covered by statutory appeal procedures. CSC should extend coverage of 5 C.F.R. 771 procedures or take steps to ensure that comparable systems are available to employees.