Our federal employment lawyers represent federal employees in the different grievance processes. Most, if not all federal agencies have their own federal employee grievance procedures for employees who wish to bring employment disputes forward for resolution. 
Why Federal Employees Use the Grievance Process
Generally, federal employees utilize a federal agency’s grievance process when it is the most appropriate place to file an appeal. For example, a federal employee may decide to file an administrative grievance if their employment dispute does not qualify for an Equal Employment Opportunity (EEO) complaint, the appeals process at the Merit Systems Protection Board (MSPB) or before other forums.
What are the Different Types of Federal Employee Grievances?
There are usually two types of federal employee grievances: (1) a union grievances; and (2) individual administrative grievances. Typically, federal employees who are not eligible for the union grievance process use the administrative grievance process. These individuals generally file federal administrative grievances. Those federal employees represented by a labor union may be required to go through the union grievance process. We have represented individuals in both types of grievances. They are similar except that union grievances have the potential to ultimately go to arbitration. This article mainly focuses on administrative grievances.
What do Administrative Grievances Cover?
Administrative grievances filed by federal employees involve various types of employment disputes. For example, an administrative grievance can involve a challenge to a disciplinary action (example: Letter of Warning, Suspension), a performance action, a re-assignment or other employment issue. There are numerous types of disputes eligible for the administrative grievance process for federal employees. For most grievances, it is important to retain an experienced federal employment lawyer to prepare the response.
How Does the Administrative Grievance Process Work?
When considering filing an administrative grievance it is important to review the applicable administrative grievance process for your federal agency. Attached is a sample agency policy here. Every federal agency has its own administrative grievance procedures. Many administrative grievance policies require that a federal employee notify a supervisor verbally of the administrative grievance prior to filing a written grievance. Other policies require that a written grievance be submitted first.
Depending on the federal agency, an administrative grievance process typically consists of 2-4 steps. Usually, at each step, the federal employee and a grievance official will attempt to resolve the grievance. Often the written grievance is submitted first and a secondary in-person meeting is then held to present the administrative grievance. It is critical to ensure that you follow the deadlines for each step or the grievance may be dismissed. Usually, at the end of a grievance presentation the federal employee, often through counsel, will present a compromise resolution proposal. Following the administrative grievance presentation, the employee or counsel will receive a written decision on the grievance. If an initial administrative grievance is denied, then the federal employee will often have the ability to proceed to the next higher step of the process.
What if a Grievance is Denied?
If an administrative grievance is denied, some federal agencies provide additional rights for review and others do not. As mentioned above, there can be 2-4 steps in the grievance process for federal employees. If the grievance is originally denied, then a second step grievance can usually be filed with the supervisor of the step 1 official. There are some federal agencies that offer federal employees a hearing process for administrative grievances and many others that do not. It is important to understand how the applicable administrative grievance procedure works for a particular federal agency prior to starting the process. Each federal agency is different and it is important to obtain and follow the applicable grievance procedures.
Contact Us
When a federal employee is considering filing an administrative grievance, it is important to have an attorney represent or advise you. Our law firm represents federal employees in the administrative grievance process. If you are a federal employee in need of legal representation please contact our office at 703-668-0070 or through our contact page to schedule a consultation.
Our law firm represents Virginia state employees in their employment grievances filed against their individual state agencies. Virginia has adopted an employee grievance procedure for Virginia employees to resolve their employment issues. The Virginia Grievance Procedure has a number of steps in this process. The grievance process is administered by the Virginia Department of Human Resource Management, Division of Employment Dispute Resolution (EDR).
Starting the Grievance Process
The first step in the grievance procedure for a Virginia state employee is to prepare a written grievance over the employment problem at issue. The employee involved must usually file a written grievance within 30 days of the date that an employee knew or should have known about the issue being grieved. This is very important. If a grievance is not filed in a timely manner, the grievance will likely be dismissed. The grievance must be submitted on what is known as Grievance Form A. If there is not enough space on Grievance Form A, attachments may be used in filing the grievance. The first step of the grievance process is generally filed with the employee’s immediate supervisor.
The Grievance Procedure Steps
The grievance process, once initiated, generally goes through 3 separate steps in Virginia. First, there is a First Step grievance conducted by the employee’s immediate supervisor. If the matter is unresolved, it may proceed to a Second Resolution Step Meeting. As opposed to the First Step, a meeting is required during the Second Step. The Second Step is usually considered a fact finding session. If the Second Step does not resolve the grievance, the employee may then take their grievance to the Third Step. If the Third Step does not resolve the grievance and an employee wishes to take their grievance forward, he or she must then ask that their grievance certified for a hearing by the agency head.
In some cases, where a grievance involves a demotion, suspension without pay or any other action that results in an actual loss of wages, the employee may be able to elect the Expedited Process for grievance review. This Expedited Process generally starts at the Second Step procedures and is reduced to a single step. Dismissals due to formal discipline or unsatisfactory job performance usually will not go through the grievance steps, but rather proceed to the Grievance Hearing Process.
The Grievance Hearing Process
Grievances not resolved in the grievance process may or may not next move to the Grievance Hearing Process. Please note that not all grievances are eligible for a grievance hearing. Cases involving formal disciplinary (a written notice) actions and dismissals for unsatisfactory performance usually qualify for the hearing stage. Other types of grievances involving adverse employment actions may also qualify for a hearing. These can include: (1) unfair application of state/agency policies; (2) discrimination; (3) arbitrary or capricious performance evaluation; (4) retaliation for participation in the grievance process; and (5) other types of informal discipline (i.e. transfers, assignments, demotions and suspensions that are not accompanied by a formal notice by taken for disciplinary reasons). If a grievance is deemed by an agency head not
to be eligible for a hearing, the employee may appeal that decision to EDR.
The Grievance Hearing Process consists of the appointment of a Hearing Officer, a pre-hearing conference and the formal hearing, in addition to other procedures. During the hearing, documents will be introduced as exhibits and witnesses will be examined and cross-examined. If the grievance involves a disciplinary matter, then a state agency must prove their case by a preponderance (51%) of the evidence presented. Following the hearing, the Hearing Officer will provide a decision in writing. The Hearing Officer may uphold or deny the grievance.
Court Review
If the Hearing Officer rules against a party, that party can then appeal the adverse decision to the EDR or to the Virginia Department of Human Resources Management (DHRM), depending on the issue to be appealed before it is considered final. Once the hearing decision becomes final, a party can then appeal an adverse determination to Circuit Court and from there to the Court of Appeals. A petition can also be filed requiring implementation of the final hearing decision.
Conclusion
When a Virginia state employee files an employment grievance, it is important to obtain legal advice and legal representation. Our law firm stands ready to advise and represent Commonwealth of Virginia employees in in their state employment grievances. We can be contacted at www.berrylegal.com or by telephone at (703) 668-0070.
