Grievances and Other Forums

If an employee files a grievance – or an MSPB appeal- and he/she has referenced the same issues that they are referencing in their EEO complaint, they can  only have the EEO compliants addressed in one forum, and typically it is the forum that they were able to get to first.

If they get to the grievance process first and raise the same issues that have been raised in the EEO complaint,  the employee cannot then elect to have the issue addressed in the EEO forum also, but only the grievance forum. (See Hadley, Chapter 19 EEO Alternatives I. Negotiated Grievance procedures) for more clarification. “the

Therefore, if an employee checks on their EEO complaint form. “I filed a grievance through the negotiated grievance procedure” you will need to go back to the EEO counselor and find out:

1. When was a grievance filed and

2. What were the issues raised in the grievance.

Ask the Counselor something like this:

Good Afternoon Counselor:

I need to know if any grievances have been filed with regard to the issues raised FS-2014-00ooo. In his formal complint, the Complainant has indicated that he has filed a grievance, (I am assuming with  the Forest Service Council National Federation of Federal Employees.)   At this point we need to determine whether he has filed this grievance on the specific issues that he has raised in his formal EEO complaint.

This is important because it determines an election of forum issue.  An employee may not pursue an allegation of discrimination through both the negotatied grieaven procedure and the EEO complaint process. The employee must shoose one or the other.

If the Complainant did file a grievance, I will need for the file copies of his grievances and any response issued by management, to ensure his election of the alternative forum was accepted. ( I am assuming that you will be able to upload this information into i-complaints, and I will retrieve it from there.)

 

 

 

 

Footnote – Negotiated Grievance Filing

The Complainant checked the box on her formal EEO complaint form indicating that she filed a negotiated grievance on matters raised in the subject complaint. It appears the Complainant checked the box in error, as nothing in the complaint records supports that she made such an election. However, if facts gathered during the investigation reflect that the Complainant did elect to pursue her concerns in the negotiated grievance forum, the subject complaint might later be dismissed for election of an alternate forum in accordance with 29 C.F.R. § 1614.107(a)(4).