Representing Federal Employees in Grievances
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.
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.
The Administrative Grievance Process
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.
Following the Grievance Process
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.
