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FPCD-77-67 1 (1978-06-13)

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DOCUMENT RESUME


06295 - [B1666699]

Grievance Systems Should Provide All Federal Employees an Equal
Opportunity for Redress. FPCD-77-67; E-184505. June 13, 1978. 39
pp. + 2 appendices (7 pp.).

Report to the Congress; by Robert F. Keller, Acting Cooptrollsr
General.

Issue Area: Personnel Management and Ccatersation: Equal
    Employment Opportunity (302).
Contact: Federal Personnel and Compensation Div.
Budget Function: Income Security (6CC).
Organization Concerned: Department of the Treasury; Deiartment
    of 7abor; National Labor RelaticnE Board.
congressional Relevance: House Committee on Post Offic* and
    (ivil Service; Senate Ccmmittee cc Governmental affairs:
    Civil Service and General Services Sutccamit.ee; Ccgress.
Authority:  (P.L. 94-141; 22 U.S.C. 1J37). Executive Oider
    10988. Executivc order 11491. =3 C.F.B. 771. H.S. 13 (95th
    Conq.). H.Ro 1589 (95th Cong.).

         Three basic grievance procedures available to Federal
employees are set forth in aqreementE negotiated by collective
bargaining representatives, Civil Service and a9ency rules and
regulations, and statutory provisions. Most Federal emplcyees
have access to qrievanca procedures under 7n executive order
(E.O.) and/or the Code of Federal -,egulaticns C.F.Ro).
Findinqs/Conclusicns: There are many variations among available
grievance systems. Some Federal agencies are exempt from
requirements of the E.O. and C.F.S. Their grievance Froceduzes
range from legislated and bighly structzred systems, such as the
one for Foreign Service euployees, to unilaterally imposed and
more informal systems, such as the one at the Federal Bureau of
Investiqati r. Effectiveness of grievatce Focedures depends on
flexibility .nd attitudes as well as troad coverage, impartial
review, expeditious hardling and resclaticn of complaints, and
avoidance of excessive costs. There has been ccnfusion about
subject areas covered by grievance procedures and applicability
of procedures to particular complaints, Under scme systems, an
impartial adjudicator is available but, under cthers, final
review is by higher management. Other shortcomings include
delays of up to a year, the 4rievant'. lacK of recourse then the
agency fails to cuoply with i,rocedures, and the zbsence cf
criteria fcr determining when a bearing is necessary.
Recommendations: The C0airman of the Civil Service Ccrmission
(CSC) should improve agency grievance systems through: the
appointment of an impartial grievance examiner (not uder agency
control) to review unresolved grievances; the develcpment of
specific guidance for grievrice examiners to use in determining
when an employee is entiticd to a hearing; a requirement that
the examiner's decision be accepted unless thb agency head
determines that the decision was arbitzarl or capricious,

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