United States Department of Agriculture
Natural Resources Conservation Service		 Missouri Go to Accessibility Information
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Missouri's Conservation Employee Showcase

Grievance Procedure

NRCS INFORMAL (should be completed within 45 days. This is the only required timeframe imposed on the Agency at the informal stage; all other Agency timeframes cited are recommended in order to process the grievance as expeditiously as possible.) May not be rejected for ANY reason, including timeliness.

Step 1 - Presented orally or in writing to immediate supervisor (or the first level that has authority to take corrective action) within 15 days of awareness of event precipitating grievance. The grievant must clearly identify it as a grievance. The management official and the grievant should make every effort to resolve the grievance and a written proposed disposition should be issued within 10 days if possible.

Step 2 - Presented to state conservationist usually within 5 days of Step 1 decision. The STC will review the grievance action taken and, if necessary, consult with the grievant and appropriate management officials. The STC will provide a written response usually within 5 to 10 days of receipt of the Step 2 grievance to remain within the 45 day informal processing time if possible.

NRCS FORMAL (Agency has 90 days from informal initiation to complete this process) (Grievances involving suspensions may be initiated at this stage)

Presented in writing to the appropriate Regional Conservationist (or with the Deputy Chief for Management if applicable) within 10 calendar days of the STC's response (or within 15 days of a suspension notice). The deciding official will issue a written proposed disposition. If the issue in the grievance is also part of a formal EEO complaint, the grievance will either be returned to the grievant or held in abeyance pending the outcome of the EEO complaint procedures. The grievance may be reinstated if the grievance issues are not addressed during the EEO complaint process.

Regional Conservationist, NRCS Midwest Region
2820 Walton Commons West, Suite 123
Madison, WI 53704-6785

USDA REVIEW (Where a grievant alleges reprisal based on his use of the grievance procedure, the allegations may be filed directly at this stage; appeals involving the rejection of a grievance (7 days) or grievances involving conflicts of interest may also be elevated to this stage)

If the agency fails to respond to the formal grievance within 90 days from the date the informal grievance was initially filed, or the grievant receives an unfavorable proposed disposition from the Regional Conservationist/Deputy Chief, (s)he may forward his/her grievance within 10 calendar days to:

USDA Office of Human Resources Management
Director, Appeals and Grievances Staff
1400 Independence Avenue, SW, Room 40-W
Washington, D.C. 20250

New issues may not be raised in the grievance at this stage.

The Department will review the grievance and make a recommended decision to the Chief, NRCS. The Chief has 20 days to adopt the recommendation or reject it. If the Chief NRCS adopts the recommended decision, a final Agency decision will be issued to the grievant. This is the final decision in the administrative grievance process.

OR

The chief may appeal the recommended decision to the Director, Office of Human Resources Management (OHRM). IF the recommended decision is appealed to the Director, OHRM, the decision issued at that level is the final decision in the administrative grievance process.

GRIEVANCE INCLUSIONS

  • Suspensions of 14 calendar days or less
  • Oral or written reprimands
  • Coercion, restraint, or reprisal
  • Failure by management to follow its own rules, such as in merit promotion actions
  • Working conditions
  • Prohibited personnel practices (unless covered by EEO categories)
  • Performance appraisals (although same procedure is used)
  • Non-selection for training opportunities
  • Changes in official assignment, including details & reassignments

GRIEVANCE EXCLUSIONS

  • Content of published NRCS regulations and policy
  • Nonselection for promotion from a group of properly ranked and certified candidates
  • Return to the General Schedule from SES during probation or for poor performance
  • Termination of a temporary promotion
  • Critical elements and performance standards
  • Performance Appraisal of SES employees
  • Granting or failure to grant an award or to adopt a suggestion
  • Receipt of or failure to receive a performance award or quality increase
  • Failure to successfully complete supervisory probationary period & return to former job
  • Separation of employees serving under Schedule A or Schedule C positions
  • Termination of a probationary employee or unsatisfactory performance
  • A decision that is appealable to the MSPB, OPM, EEOC (i.e., adverse action, WIG decisions, separation of a probationary employee, position classification action, allegation or complaint of discrimination or sexual harassment, RIF action, violation of re-employment priority rights, violation of re-employment or reinstatement rights, violation of military restoration rights, salary retention decision, fitness-for-duty examination, life insurance decision, health benefits decisions.)
  • Grievances involving conflict of interest will be processed by NHQ.


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