Human Resources and Organizational Management > Labor & Employee Relations > Employee Relations

From time to time, employees may have complaints about their working conditions or with personnel decisions that are made. When this happens, employees, and their union representatives if applicable, may have the right to file a grievance and, in some cases, an appeal to seek redress of the complaint. Grievance and appeal procedures give employees the opportunity to get an objective review of individual or group complaints about working conditions or about employment decisions affecting them.

The Administrative Grievance System (AGS)

The AGS is the grievance system used by employees who are not covered by a labor agreement with a union. Employees who are covered by a labor agreement must use the negotiated grievance procedure. More information on the negotiated grievance process is provided in the section below. An employee may file an administrative grievance on his/her own behalf and may be accompanied and advised by a representative of his/her own choosing. A formal administrative grievance must be filed within 15 days of the event giving rise to the grievance. Not every complaint by an employee is covered by the AGS. For example, an employee who disagrees with the classification of his position may not grieve this under the AGS. Instead, the employee must use the classification appeals procedure. More information on what is excluded from the AGS is contained in the references provided. The use of alternative dispute resolution (ADR) approaches such as mediation, settlement conferences, peer review panels, or other ADR techniques is strongly encouraged. If you have filed a grievance and would like to try to resolve it through ADR, please inform your supervisor or the EEO Office.

The Negotiated Grievance Procedure

A grievance is any complaint:

(1) by any employee concerning any matter relating to the employment of the employee;

(2) by any labor organization concerning any matter relating to the employment of any employee; or

(3) by any employee, labor organization, or agency concerning:

the effect or interpretation, or a claim of breach, of a collective bargaining agreement; or
any claimed violation, misinterpretation, or misapplication of any law, rule, or regulation affecting conditions of employment.

As with the AGS, not every employment matter is covered by the negotiated grievance procedure. Consult the applicable labor agreement to determine what is covered and the timeframes for filing a grievance. Also, ADR is encouraged as a means to resolve grievances.

Under the negotiated grievance procedures, unions have the right to present and process employee or union grievances. Employees are allowed to present their own grievances, i.e., to represent themselves in the procedure, if they so desire. However, where this happens, the union has the right to be present during the process. Any negotiated grievance not satisfactorily resolved by the grievance process is subject to binding arbitration. Only the union or management may invoke arbitration.

Merit Systems Protection Board (MSPB) Appeals

The Merit Systems Protection Board is an independent, quasi-judicial agency in the Executive branch of the Federal Government that serves as the guardian of Federal merit systems. The Board is composed of three members who are appointed by the President and confirmed by the Senate. They serve overlapping, non-renewable 7-year terms. The Board is bipartisan. No more than two of its three members may be from the same political party.

Below are some of the personnel actions the MSPB has jurisdiction to decide if the matter is appealed:

Removals of employees due to unacceptable performance or conduct
Suspensions from duty of more than 14 days
Reductions in grade of non-probationary employees
Denials of within grade increases

Initial MSPB decisions are made by an Administrative Law Judge. Both the employee and the agency may appeal the initial decision to the full three-member board.

Alternative Dispute Resolution (ADR)

If you are seeking to resolve a dispute, you may wish to seek the services of our Alternative Dispute Resolution (ADR) Program. Headquarters Marine Corps ADR Program is administered by the Equal Employment Opportunity (EEO) Office. You should contact EEO by email at SMBHQMCARHEEO@usmc.mil. Additional information can be found at https://www.hqmc.marines.mil/ar/EEO/ or https://www.adr.navy.mil.

EEO, Harassment, Discrimination Complaints

If you feel you have been the victim of discrimination on the basis of race, color, religion, age, sex, national origin, disability, medical condition, veteran status, marital status, sexual orientation, based on myths or assumptions about your genetic information, prior EEO activity, subjected to discrimination or harassment, or any other job related factor, you may raise your concerns with the Equal Employment Opportunity (EEO) Office. Complaints are initiated by contacting an EEO Officer and must be submitted within 45 days of when you knew or should have known of the alleged discrimination. You can reach the Headquarters Marine Corps EEO Office contact Ms. Donna Cunningham at (571) 256-8304 or by email at donna.cunningham@usmc.mil and Cc: SMBHQMCARHEEO@usmc.mil.

Office of Special Counsel (OSC)

Current and former federal employees and applicants can confidentially report information evidencing a violation of any law, rule, or regulation, gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety to the U.S. Office of Special Counsel (OSC).

In addition, if you believe any actions have been taken against you as a result of reprisal for making a protected whistleblowing disclosure or for engaging in any of the protected activities outlined in 5 U.S.C. § 2302 (b) (9), you may have the option to file a complaint with the U.S. Office of Special Counsel (OSC). “Whistleblowing” is the disclosure of information that an individual reasonably believes shows a violation of law, rule, or regulation, gross mismanagement, gross waste of funds, abuse of authority, or substantial and specific danger to public health or safety. Note that personnel assigned to agencies whose primary function is intelligence, counterintelligence or national security work, as designated by the President, have limited ability to file an OSC complaint. However, recent passage of the Whistleblower Protection Enhancement Act may impact your ability to file a complaint. Individuals who believe they may have a whistleblower complaint should seek guidance from OSC. However, individuals should be mindful that filing an MSPB appeal or EEO complaint each has very strict time filing requirements that will not be set aside while an employee considers OSC options. There is no specific time limit for filing a complaint with the OSC. You can file an OSC complaint at www.osc.gov or call (202) 804-7000 or email info@osc.gov.

Office of Inspector General (IG)

If you believe that your coworkers or managers are engaged in waste, mismanagement, fraud, or abuse of government resources; you may contact the Inspector General of the Marine Corps (IGMC). If you do not wish to disclose your identity, you may remain anonymous when contacting the IGMC. You can reach the IGMC Hotline at 1(866) 243-3887 or email ORGMB.IGMC.HOTLINE@USMC.MIL. Additional information about the IGMC Hotline can be obtained at www.hqmc.marines.mil/igmc.

Occupational Safety & Health Complaints

Employees have a right to file a safety and health complaint or a whistleblower complaint and request an OSHA inspection of your workplace if you believe there is a serious hazard or if you think your employer is not following OSHA standards. You can file a OSHA complaint at https://www.osha.gov/workers/file-complaint or call 1 (800) 321-6742 or visit www.osha.gov.

Administrative Grievance Procedure

References:

SECNAV INST 12771.2
MCO 12771.3

Step 1: Informal Grievance Process

An informal grievance may be informally presented to your immediate supervisor regarding a work-related problem before filing a formal grievance. If the problem involves a matter or action directly involving that supervisor, and the employee has been unable to resolve the matter with that supervisor, the employee may present the matter to the next level supervisor, if any, within the activity or command. The problem must be presented within 15 days following the date of the act or event that the employee believes created the problem, or the date the employee became aware of (or reasonably should have become aware of) the act or event. The employee may present a matter of concern regarding a continuing practice or condition at any time.

A supervisor must consider the employee's problem and attempt to resolve it within 15 days, and no later than 30 days from the date the problem is first brought to the supervisor's attention, even though it may not be covered by the grievance process. Where appropriate, the use of a neutral party (e.g., conciliator, facilitator, or mediator) is encouraged. If the employee presents the problem orally, the supervisor's determination may be oral or written. If the problem is presented in writing, the determination must be in writing. If the problem is not resolved, the supervisor shall inform the employee of the time limits for filing a formal grievance. If the supervisor believes the matter is not covered by the grievance process, the supervisor shall so inform the employee and advise the employee of the appropriate process, if any, for resolving the problem. The above time limit for resolving the problem may be extended by mutual agreement to accommodate resolution of the Dispute

In presenting an informal grievance, the request should:

(1) identify the matter of concern;

(2) identify the corrective action sought; and

(3) clearly state that the informal grievance process is being invoked.

Step 2: Formal Grievance Process

An employee may file a formal, written grievance with the deciding official when a problem is not resolved during the problem-solving process or where the employee chooses to bypass that process and invoke the grievance process. If the employee used an ADR process, the employee must file a grievance no later than 15 days after the process concluded or a decision

was rendered on the informal grievance. Where the employee does not use the problem-solving process, but raises the matter initially as a grievance, the employee must present the grievance within 15 days following the date of the act or event that the employee believes created the problem, or within 15 days following the date the employee became aware of (or reasonably should have become aware of) the act or event. The employee may present a grievance regarding a continuing practice or condition at any time.

In presenting a formal grievance, the request should:

(1) Be signed, dated;

(2) Identify the matter of concern and contain a sufficiently detailed statement of the specific issue(s);

(3) State the personal remedy sought;

(4) A statement that the employee has not filed an appeal or complaint (such as an inspector general or Equal Employment Opportunity complaint) on the same issue;

(5) Copies of any documents in the employee's possession related to the grievance; and

(6) The name, address, and telephone number of the employee's representative, if any.

The remedy must be personal to the employee and may not include a request for disciplinary or other action affecting another employee. An employee may not grieve the same matter raised in any other grievance, appeal, complaint, or other dispute resolution process.

Please Note: The Office of Labor and Employee Relations (LER) Staff remains neutral for issues like this (Department's practice). Our Staff oversees the implementation of remedial action as necessary to resolve grievances. The deciding official issues the decision on the grievance. If an employee has any procedural questions, they should contact the LER Staff. LER does not get directly involved and are there to answer procedural questions.

Helpful Resources

DOD ADMINISTRATIVE GRIEVANCE SYSTEM- DOD 1400.25-M, SC 771
ADMINISTRATIVE GRIEVANCE SYSTEM - MARINE CORPS ORDER (MCO) 12771.3

USMC CONSOLIDATED MASTER LABOR AGREEMENT (2022)

MSPB REGULATIONS
MSPB APPEAL FORM
MSPB: QUESTIONS & ANSWERS FOR APPELLANTS
MSPB ELECTRONIC APPEAL
MSPB INFO SHEET – HOW TO FILE AN ELECTRONIC APPEAL
LINK TO MSPB WEBSITE

Grievance

Managers and supervisors must maintain a work environment in which employees and authorized employee representatives are free to participate in the appeal and grievance systems made available to them without restraint, interference, coercion, discrimination, or reprisal.

The grievant and his or her representative shall have full access to relevant information and will be permitted a reasonable amount of official time, if otherwise in a duty status, to prepare and present a grievance and to communicate with management and personnel officials.

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