The
first step: Counseling
The first step in the dispute resolution process
is to file a formal request for counseling with the Office of Compliance.
A request for counseling must be made within 180 days after the
date of the alleged violation. The counseling period normally lasts
for 30 days.
During the counseling period, an Office of Compliance
counselor will discuss your concerns with you and inform you of
your rights under the law. The counselor does not serve as your
representative or advocate, only as an advisor to help you understand
how the law works and clarify facts and issues. You may retain your
own representation at any time during the process.
The Executive Director of the Office of Compliance
has authority to recommend that employees of the Architect of the
Capitol and U.S. Capitol Police use their office’s own internal
grievance process before first utilizing the CAA’s ADR procedures.
The use of these internal grievance procedures will not count against
the time limits available for counseling and mediation with the
Office of Compliance.
The
second step: Mediation
If you choose to continue with your claim after
counseling, the next step is to request mediation with the Office
of Compliance. Mediation must be requested in writing within 15
days of receiving written notification of the completion of the
counseling period, and lasts for 30 days unless both parties request
an extension of time.
During mediation, the Office of Compliance appoints
one or more neutral mediators – professionals at dispute resolution
– who will meet with the parties to the dispute to seek a
solution to the problem that is acceptable to both parties. The
goal of mediation is a voluntary resolution acceptable to all; the
mediator cannot impose a resolution.
The
third step: Administrative Hearing or Civil Action
If mediation fails to resolve your complaint,
you may either proceed with an administrative hearing or file suit
in Federal district court. Either course of action must be followed
within 90 days (but no sooner than 30 days) of the time that you
receive written notice that mediation has ended.
Civil Action: Employees
who work on Capitol Hill who chose to file a civil suit after mediation
must do so with the US District Court for the District of Columbia.
If you work outside of the District of Columbia, you may choose
to file suit in the US district court where you work. A civil suit
and any appeals will proceed under the normal rules that apply to
actions in Federal court.
Administrative Hearing:
If you choose to pursue an administrative hearing after mediation,
you must file a complaint with the Office of Compliance in writing.
A copy of your complaint will be served on your employing office,
which has 15 days to respond.
A formal hearing on your complaint normally begins
within 60 days after the filing. Hearings are confidential and are
conducted in a closed session. An independent Hearing Officer is
assigned to conduct the hearing to determine the facts and may issue
subpoenas and require information from the parties involved. The
Hearing Officer will issue a written decision no later than 90 days
after the hearing’s conclusion.
The
fourth step: Review by the Board of the Office of Compliance
If you or your employer is dissatisfied with
the final decision of the Hearing Officer, a request may be made
to have the Hearing Officer’s decision reviewed by the five
member Board of Directors of the Office of Compliance. A request
for review by the Board must be made within 30 days of the Hearing
Officer’s decision. After review, the Board will issue a written
decision on the case along with its reasoning for the decision.
If you or your employer are dissatisfied with
the outcome, decisions by the Board of Directors may be appealed
to the US Court of Appeals for further review.
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