D.C. Mun. Regs. tit. 8, r. 8-B1513

Current through Register Vol. 72, No. 2, January 10, 2025

Rule 8-B1513 - GRIEVANCES

1513.1

An employee may grieve a corrective action to modify, reverse, or dismiss a Final Administrative Decision if:

(a) A provision of this chapter has been violated such that the Final Administrative Decision is arbitrary or capricious; and

(b) The employee has suffered or will suffer harm as a result of that violation, which is neither trivial nor speculative.

1513.2

Notwithstanding § 1512.1, no employee may submit a grievance to a Final Administrative Decision under this chapter if the action is:

(a) Not subject to a grievance or appeal as set forth in this chapter;

(b) Taken to implement the lawful order of a court or other tribunal recognized by law; or

(c) Agreed to by the employee.

1513.3

For purposes of this chapter, an administrative grievance will be initiated with the Grievance Official.

1513.4

Grievances of corrective actions will be submitted to the Grievance Official within ten (10) days of the issuance of the Final Administrative Decision.

1513.5

A grievance will be deemed to have been filed when actually received by the Grievance Official. The burden of establishing the date of receipt will rest with the employee.

1513.6

Grievances may be filed with the Grievance Official by one of the following means:

(a) By first class mail, postage prepaid, to the official's principal business address;

(b) By electronic mail; or

(c) By hand delivery to the official's principal business addresses.

1513.7

Each grievance must include the following:

(a) The name, e-mail address, and phone number of the employee seeking the relief;

(b) The name, e- mail address, phone number, and mailing address of the employee's immediate supervisor;

(c) A copy of the Final Administrative Decision that is the subject of the grievance;

(d) A concise written statement of facts, including dates, that establishes why the Final Administrative Decision on the challenged corrective action should be reversed, modified or dismissed;

(1) The statement may include as supporting evidence written statements of witnesses, affidavits, or documents or any other form or depiction of information.

(2) The statement should include all information the employee deems relevant to the grievance, including information of which the employee has knowledge or reasonably should have knowledge.

(e) The relief sought by the employee.

1513.8

Upon receipt, the Grievance Official will make a preliminary determination as to whether the grievance meets the criteria set forth in § 1513.7 above.

1513.9

The Grievance Official will make arrangement to interview the grievant and to review the record. Within twenty (20) working days of receipt of the grievance, the Grievance Official will issue a grievance decision and report based upon the totality of the facts that sustains, modifies or reverses the Final Administrative Decision.

D.C. Mun. Regs. tit. 8, r. 8-B1513

Final Rulemaking published at 64 DCR 12703 (12/15/2017)