Most DHA supervisors may be excluded from the bargaining unit and not eligible for union representation. Exclusions can occur based on factors such as the level of managerial or supervisory responsibilities, the nature of their duties, or the specific provisions outlined in the CBA.
To determine the specific status and inclusion of DHA supervisors in the union, it is necessary to refer to the employee’s Form SF-50. The bargaining unit status code “8888” is used for employees & supervisors who are ineligible for union representation. This means supervisors may not file a grievance through the union but they can file an Administrative Grievance as outlined by DOD regulations.
The Department of Defense (DoD) has established a regulation and procedure for filing administrative grievances. The specific regulation that governs the administrative grievance process within the DoD is DoD Directive 1100.4 (Guidance for Manpower Management).
According to DoD Directive 1100.4, the administrative grievance procedure is designed to provide a fair and expeditious process for resolving employee complaints within the DoD. The regulation outlines the following general steps for filing an administrative grievance:
- Informal Resolution: Before initiating a formal administrative grievance, employees are encouraged to attempt an informal resolution by discussing the issue with their supervisor, management, or the designated office responsible for addressing grievances.
- Written Grievance: If the issue remains unresolved after attempting informal resolution, employees may file a written grievance. The written grievance should include a clear statement of the complaint, the relevant facts, any supporting evidence, and the desired resolution.
- Grievance Review: Upon receipt of the written grievance, the designated office responsible for handling grievances will review the complaint, gather relevant information, and conduct an investigation as necessary.
- Grievance Response: Following the review and investigation, the designated office will provide a written response to the employee, addressing the allegations raised in the grievance and providing a decision on the matter.
- Appeal Process: If the employee is dissatisfied with the decision provided in the grievance response, they may have the right to appeal the decision to a higher-level authority within the DoD. The specific appeals process may vary depending on the DoD component or agency involved.
It’s important to note that the administrative grievance procedure may differ slightly between different DoD components and agencies. Employees should consult their specific component’s policies, procedures, or collective bargaining agreement, if applicable, for detailed information on the administrative grievance process within their organization.
Additionally, it is advisable for employees to consult with their local human resources office or labor relations representatives for guidance and assistance in initiating an administrative grievance within the DoD.
As a DHA supervisor, the process for filing an administrative grievance may vary depending on the specific agency’s internal policies. It’s essential to consult the labor relations office or human resources department for guidance on the specific procedures to follow.
While the specific procedures may vary, there are generally laws and regulations that cover the administrative grievance process for federal employees, including DHA supervisors. These include:
- Civil Service Reform Act (CSRA): The CSRA establishes the framework for federal labor relations, including provisions for collective bargaining, grievance procedures, and employee rights.
- Federal Service Labor-Management Relations Statute (FSLMRS): The FSLMRS provides guidance on the rights and obligations of federal employees and agencies regarding collective bargaining, grievance procedures, and labor-management relations.
- Code of Federal Regulations (CFR): The CFR contains regulations that govern federal labor-management relations, including regulations related to grievance procedures. For example, 5 CFR Part 771 outlines the procedures for processing grievances in the federal sector.
When filing an administrative grievance as a DHA supervisor, it’s important to follow the specific procedures outlined in the applicable agency policies. This may involve:
- Familiarizing yourself with the grievance procedures outlined in agency policies.
- Determining the specific grounds for the grievance and ensuring that they fall within the scope of the grievance process.
- Preparing a written grievance that clearly outlines the nature of the complaint, the desired resolution, and any supporting evidence or documentation.
- Submitting the grievance to the appropriate designated authority or labor relations office within the specified timeframe.
- Cooperating with any investigation or review processes initiated by the agency.
- Following any subsequent steps or appeals outlined in the grievance procedures, such as mediation, arbitration, or higher-level review.
It’s crucial to consult with the appropriate resources, such as labor relations representatives or human resources professionals within the DHA, to ensure compliance with the specific procedures and requirements for filing an administrative grievance as a supervisor.
Administrative Grievance Guidance
CIVILIAN ADMINISTRATIVE GRIEVANCE SYSTEM (AGS) DOD 1400.25-M
Subchapter 771, AGS
SC771.2.1. It is DoD policy under DoD Directive 1400.25 (reference (b)) that DoD employees shall be entitled to present disputes under the DoD AGS and have them considered expeditiously, fairly, and impartially, and resolved as quickly as possible. All persons involved in the dispute resolution process shall be free from restraint, interference, coercion, discrimination, or reprisal.
SC7188.8.131.52. Problem-Solving Process
SC7184.108.40.206. Grievance Process
Inspector General recommended format for processing an AGS:
- I am submitting this as a formal grievance as outlined in accordance with DoD 1400.25-M, subchapter 771;
- (Short bullet of complaint #1)
- (Short bullet of complaint #2)
- (Short bullet of complaint #3)
- Continue as necessary
- My expectations for remedy regarding each issue listed above are:
- (remedy for 1a above)
- (remedy for 1b above)
- (remedy for 1c above)
- My supporting documentation that supports the above listed issues in paragraph 1 above are:
- (document to support 1a)
- (document to support 1b)
- (document to support 1c)
- Ensure AGS packet is properly signed and dated.
- Place into a sealed envelope and furnish copy to each of the following personnel:
- Immediate supervisor
- Final approving authority
- Allow resolution in IAW DOD 1400.25-M, subchapter 771, AGS.