The purpose of the grievance procedure is to provide a fair, equitable and timely forum for review and resolution of employment-related matters. An Administrative Grievance is a written request for personal relief submitted by an employee (or group of employees) in a matter of concern or dissatisfaction relating to the employment of the individual(s). The Administrative Grievance Procedure covers non-bargaining unit employees. It also covers bargaining unit employees if the issue is not covered by a Negotiated Grievance Procedure or if a Negotiated Grievance Procedure is not in effect at the time.
- Not every issue is grievable under the Administrative Grievance Procedure. Contact your servicing HR Specialist or Command Staff Advisor (CSA) for assistance when reviewing informal and formal administrative grievances for compliance with COMDTINST 12771.1 (series).
- It is mandatory that an employee(s) submit his/her grievance through the informal procedures before a grievance will be accepted under the formal procedures. Grievances involving the below exclusions go directly to the formal process. The following are excluded from the informal process
- Letters of Reprimand
- Suspensions of 14 days or less
- Annual Performance Ratings
- Matters that personally involve Area, District, and Sector Commanders; Commanders of Logistics and Service Centers; Commander, Deployable Operations Group; Commanding Officers of Headquarters units; Assistant Commandants for Directorates, Judge Advocate General/Chief Counsel, and special staff offices at Headquarters.
- Content of an Informal Administrative Grievance
- Submitted in writing
- Filed timely
- Contain sufficient detail to identify and clarify the basis of the grievance
- Request relief which is personal to the grievant
- Contain the name, phone number, and location of the employee’s representative (if elected)
- Contain grievant's or representative’s signature
- Informal Administrative Grievance Requirements
- Grievant presents a grievance in writing to his/her immediate supervisor or to the next higher level in the chain of command if the grievance concerns the immediate supervisor.
- Grievance must be presented within 15 calendar days of the date of the act or occurrence or the date that the employee can be reasonably expected to have become aware of the act or occurrence. This timeframe may be extended if it is shown that circumstances are beyond the grievant’s or management’s control (i.e. illnesses, absences, complex issues, workload, etc.).
- Grievance must contain the appropriate information as required by COMDTINST 12771.1 (series).
- The role of the deciding official for an informal grievance is to develop the informal grievance file by performing the following tasks:
- Personally review the grievance for conformance with COMDTINST 12771.1 (series) and consult with the servicing CSA or HR Specialist.
- Investigate as appropriate (which may include meeting with the grievant and his/her representative).
- Provide the grievant with a written decision within 15 calendar days of receipt of the employee’s written grievance.
- The CSA or HR Specialist will provide advice and guidance throughout the grievance process and will assist with preparing the written decision.
- Formal Administrative Grievance Requirements
- An employee whose grievance has not been resolved at the informal step may file a grievance, in writing, with the formal grievance deciding official within 5 calendar days of receipt of the informal grievance decision. Exception: Employees have 15 calendar days to file formal grievances when the informal step is excluded.
- Normally, the formal grievance deciding official is the next higher level management official not directly involved in the matter being grieved.
- Grievance must contain the appropriate information as required by COMDTINST 12771.1 (series).
- Content of a formal Administrative Grievance
- Submitted in writing
- Filed timely
- Contain sufficient detail to identify and clarify the basis of the grievance (It cannot contain issues which were not raised at the informal step.)
- Request relief which is personal to the grievant
- Contain the name, phone number, and location of the employee’s representative (if elected)
- Contain grievant’s or representative’s signature
- The role of the Formal Grievance Deciding Official differs slightly than that of the Informal Grievance Deciding Official. The Formal Grievance Deciding Official will obtain a copy of the informal grievance decision file to
- Personally review the grievance file; and
- Informally investigate the grievance (which may include meeting with the grievant and his/her representative)
OR
- Appoint a fact finder to conduct an investigation and prepare a report of findings, conclusions, and recommendations for disposition of the grievance. NOTE: If a fact finder is appointed, the grievant will be provided an opportunity to review and comment on the report prior to the decision being issued.
- Provide the grievant with a written decision within 90 calendar days from the date the employee filed their informal grievance.
- The CSA or HR Specialist will provide advice and guidance throughout the grievance process and will assist with preparing the written decision.