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Grievance Procedures

Grievance Procedures. Department of Virginia October 2014. Mission Statement. We are dedicated to a single purpose:

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Grievance Procedures

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  1. Grievance Procedures Department of Virginia October 2014

  2. Mission Statement We are dedicated to a single purpose: Empowering veterans to lead high-quality lives with respect and dignity. We accomplish this by making sure veterans and their families can access the full range of benefits available to them; fighting for the interests of America’s injured heroes on Capital Hill; and educating the public about the great sacrifices and needs of veterans transitioning back to civilian life.

  3. Outline • What is the definition of Grievance? • Some instances of Grievance • Grievance Responsibility/procedure within the DSC? • Where will you find Grievance procedures in the DAV? • What happens when a grievance is initiated that is not valid? • Where and how to submit? • Q & A

  4. Definition of Grievance A grievance is a real or imagined wrong or other cause for complaint or protest, especially unfair treatment. It may also be used in reference to an official statement of a complaint over something believed to be wrong or unfair.

  5. Examples of a Grievance • A circumstance thought to be unjust or injurious and ground for complaint or resentment • Complaint or resentment, or a statement expressing this, against a real or imagined wrong • A complaint arising from circumstances or conditions relating to one's employment • The inflicting of injury or hardship • An actual or supposed circumstance regarded as just cause for complaint • A complaint or protestation based on such a circumstances • Indignation or resentment stemming from a feeling of having been wronged.

  6. Grievances within the DSC It is the responsibility of the Department Service Director (DSD) to attempt to resolve any grievance filed by an employee. If the DSD cannot resolve the grievance, or if the employee does not accept the DSD’s ruling, the grievance will be forwarded to the DSC Chair for resolution. If the DSC Chair cannot resolve the grievance, or if the employee does not accept the DSC Chair’s ruling, then the grievance will be forwarded to the Department Grievance Committee for consideration and final ruling. The decision of the Department Commander cannot be appealed to any other entity, e.g., the National DAV organization.

  7. Employee Grievance Procedure • The employee must submit their grievance in writing to the DSD. The grievance must be specific in detail, e.g., who is involved, what is the grievance all about, why it is being submitted, when and where did the problem originate and the recommended disposition. • The DSD has the responsibility to resolve all grievances. However, if the grievance is of such nature it cannot be resolved by the DSD, it will be referred to the DSC for appropriate action. • If the DSD fails to respond to the grievance or fails to find a mutually agreeable solution within thirty (30) working days from his/her receipt of the written grievance, the employee or the DSD may present his/her grievance to the DSC Chair.

  8. Employee Grievance Procedure (con’t.) • If the DSC Chair fails to respond to the grievance or fails to find a mutually agreeable solution within thirty (30) working days from his/her receipt of the written grievance, the employee or the DSC Chair may petition the VA DAV Commander for referral to the Department of Virginia Grievance Committee for resolution. • If the Department Grievance Committee fails to respond to the grievance or fails to find a mutually agreeable solution within thirty (30) working days from their receipt of the written grievance, the VA DAV Commander may elect to present the grievance to the Department of Virginia Executive Committee at their next meeting. • A grievance acted upon by the Department of Virginia Executive Committee, normally held in closed session, their decision will be considered final. No further referrals or appeals are available to the DSC employee.

  9. How Should a DAV Chapter handle a Grievance ? Do not assume anything: • The first, and most important, step in a grievance process is to be unbiased, and listen to the Comrade. Never assume that “nothing is wrong”, this Comrade may have a valid grievance. • The next step is to make every attempt to talk things out with the parties involved. • Don’t take the position that grievances are only those problems that go to the final steps of the grievance procedure. Why work an entire day, when you can accomplish the same quality of work in half the time.

  10. How Should a DAV Chapter handle a Grievance ? • Learn the facts. • Who is involved. • What was said or done? • When did it happen? • Where did it happen? • Why did it happen - what is the underlying cause? • Talk with the grievant and with witnesses to the event, and research the underlying events that led up to this grievence with other chapter members who may have information.

  11. How Should a DAV Chapter handle a Grievance ? • Individuals should bring their complaints to the attention of the Chapter leadership. • If not resolved, direct the complaint to the Chapter Grievance Committee of the chapter to look into it. • If the Grievance Committee cannot resolve it, then they will inform the Department to intervene -- or -- • If the individual feels that the results of the Grievance Committee was unacceptable, then the individual may request - in writing - Department involvement. The Department will dispatch the Department Grievance Committee to investigate.

  12. Grievance Committee Responsibilities Department of Virginia Bylaws; Para 10.1: “The Grievance Committee is responsible for and is empowered to conduct a complete investigation into any alleged grievance between members of the Department of Virginia. The Committee shall be empowered to summon witnesses, obtain records from chapters or individual members in order to conduct an objective inquiry of the alleged grievance. The Committee shall inform each member involved in the grievance that criminal or civil court action against another member, chapter, the Department of Virginia, or the National Organization shall not be initiated until all remedies have been exhausted within the DAV. The Committee will submit a final report of its findings and recommendations to the Commander. If the grievance cannot be resolved the chair will present the findings and recommendations at the next convening DEC meeting.”

  13. Grievance Committee Responsibilities Department of Virginia Bylaws’ Para 10.2: “If, because of lack of information, the committee cannot reach a recommendation, this fact must be reported to the Department Commander with a request for a specific extension of time. The Department Commander can authorize a specified time extension for fact-gathering and request submittal of a final report at a Department Executive Committee meeting or at the next Convention.”

  14. Grievance Workshop Robert's Rules of Order, Revised, shall govern the Chapter in all cases to which they are applicable and in which they are not inconsistent with this Constitution and Bylaws, the Department Constitution and Bylaws, or the National Constitution and Bylaws. Discussion of personal grievances will not be in order on the floor unless introduced by the Grievance Committee or other Committees having the authority to consider any such matters. Matters concerning only an individual member, with respect to his or her own personal interest, shall not be in order but may be taken before the proper Committee.

  15. Final Thoughts • Robert's Rules of Order, Revised, shall govern the Chapter in all cases to which they are applicable and in which they are not inconsistent with this Constitution and Bylaws, the Department Constitution and Bylaws, or the National Constitution and Bylaws. • Discussion of personal grievances will not be in order on the floor unless introduced by the Grievance Committee or other Committees having the authority to consider any such matters. • Matters concerning only an individual member, with respect to his or her own personal interest, shall not be in order but may be taken before the proper Committee.

  16. QUESTIONS? THANK YOU!

  17. DAV - Department of Virginia P.O. Box 7176 Roanoke, VA 24019 Toll free: 866-706-5889

  18. This instructional guide, and the policies contained herein, were reviewed and approved by the Department Commander October 2014

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