Questions & Answers with Emily

What is a grievance?

 A grievance is a complaint regarding a workplace concern that is filed with your federal agency. These complaints follow a specific grievance procedure that is defined at the agency level.

Why might I file a grievance?

You might want to file a grievance if you have a workplace concern that you cannot resolve through another forum.  For example, you may have received a letter of reprimand, which is a disciplinary action that cannot be appealed to the Merit Systems Protection Board (MSPB). In this case, a grievance might be the best way to challenge that action.  Another common grievance topic is an employee's performance rating.

Grievance policies should define the types of workplace concerns that may be raised under that specific process; however, many of these policies will define the scope of their procedure with a list of exclusions. For example, your agency’s policy may state that any workplace concern may be grieved unless it is specifically excluded by the policy. Your agency’s policy may list exclusions such as the content of performance elements and standards, awards, informal counselings, or matters that can be raised in other forums such as the MSPB or the EEOC. It is important that you obtain a copy of your agency’s grievance policy so that you understand which types of concerns you can raise through this process.

How does the grievance procedure work?

There are generally two types of grievances in the federal government:

• Negotiated Grievances: This process is used for members of a bargaining unit (union members).  The specific process can often be found in your union's collective bargaining agreement (CBA).  Timelines and procedures can vary.

• Administrative Grievances: This process is used for non-bargaining unit employees (managers, supervisors, and other non-union members). Note that some organizations within the federal government are excluded from collective bargaining and therefore all their employees may fall under an administrative grievance procedure. Your administrative grievance process can found in an agency-specific policy. Again, timelines and procedures will vary.

The actual grievance process (which includes the types of issues you can raise, your time limit to raise concerns, where to file your complaint, etc.) can vary widely between federal agencies, so it is important to obtain a copy of your specific agency’s policy. It is also common for grievance procedures to have both an informal and formal stage, but again, you need to check your agency’s policy.

If grievance procedures vary so much, how can you help me with one?

Great question! Although the specific procedures vary by agency, I can help you define the scope of your concern, explore all possible avenues of redress with you (including a review your agency’s grievance procedure), and help you select the best avenue.  In some cases, a grievance may be the best route to resolve your concern, but there could also be other, more effective options.  Additionally, employees may be held to whichever forum they select first, so it is important to understand your options in advance.