Section 6-B1628. FILING A GRIEVANCE; TIME LIMITS

1628.1All grievances shall be made using a grievance form provided by the Director of the District of Columbia Department of Human Resources (DCHR). DCHR shall maintain the grievance form on its internet website.

1628.2Each grievance shall include the following:

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

(b)For employees, the name, e-mail address, phone number, and agency of his or her immediate supervisor;

(c)The name of the agency at issue;

(d)A concise written statement of facts, including dates, that establishes the alleged violation;

(e)A written statement as to the applicant or employee’s injury; and

(f)The relief sought by the applicant or employee.

1628.3For purposes of this chapter, grievance official means:

(a)For applicants seeking employment in agencies under the authority of the Mayor, the Director of DCHR, or his or her designee;

(b)For applicants seeking employment in District government agencies independent of the Mayor’s authority, the independent agency head, or his or her designee; and

(c)For employees, the employee’s supervisor who has the authority to resolve the grievance and for whom there is no conflict of interest (typically the immediate supervisor or the immediate supervisor’s immediate superior).

1628.4Grievances of corrective actions and of enforced leave actions of less than ten (10) days shall be filed with the appropriate grievance official within ten (10) days of the issue date of the final decision.

1628.5All other grievances shall be filed with the appropriate grievance official within forty-five (45) business days from the date of the alleged violation or the final action, whichever is later.

(a)For applicants, the alleged violation occurs on the date the notification is issued to the applicant of the hiring decision, the date on which the applicant knew or should have known of the hiring decision, or the effective date of the selectee’s appointment, whichever occurs first.

(b)For employees, the alleged violation occurs when the employee knew or should have known of the events or actions that are the basis for the alleged violation.

(c)A grievance shall be deemed to have been filed when actually received by the grievance official. The burden of establishing the date of receipt shall rest with the applicant or employee.

1628.6Grievances may be filed with the grievance official by one of the following means:

(a)By mail to the official’s principal business address;

(b)By e-mail to the grievance official; or

(c)By hand delivery to the grievance official’s principal business address.

 

authority

Mayor’s Order 2008-92, dated June 26, 2008, and Sections 404 and 1651 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code §§ 1-604.04, and 1-616.51 et seq. (2014 Repl.)).

source

Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016).