Podcast
Questions and Answers
What is the primary purpose of the Alternate Dispute Resolution procedure?
What is the primary purpose of the Alternate Dispute Resolution procedure?
- To provide an appeal process for non-employees
- To establish a formal discipline process
- To resolve disputes through open two-way communications (correct)
- To create a strict chain of command
Who can an employee seek assistance from to resolve work-related problems?
Who can an employee seek assistance from to resolve work-related problems?
- Their supervisor or chain of command (correct)
- Only the Tribal Council
- Non-employees
- Other employees
What is the purpose of involving non-employees in the grievance process?
What is the purpose of involving non-employees in the grievance process?
- To involve more people in the decision-making process
- To resolve disputes more efficiently
- To provide a more formal process
- To avoid conflict of interest or appearance of conflict (correct)
Which type of employees may not appeal involuntary termination?
Which type of employees may not appeal involuntary termination?
What is not subject to the informal or formal procedures?
What is not subject to the informal or formal procedures?
What is appealable in the application of a policy?
What is appealable in the application of a policy?
Why is the personal time off policy not appealable?
Why is the personal time off policy not appealable?
What is the basis for scheduling personal time off?
What is the basis for scheduling personal time off?
What happens if there is a personal or professional conflict with an Appeal Committee member?
What happens if there is a personal or professional conflict with an Appeal Committee member?
Who serves as the hearing moderator during the appeal hearing process?
Who serves as the hearing moderator during the appeal hearing process?
What constitutes a decision by the Employee Appeal Committee?
What constitutes a decision by the Employee Appeal Committee?
To whom does the Employee Appeal Committee render their written decision if the appellant or key witness is an employee in the Human Resources Department?
To whom does the Employee Appeal Committee render their written decision if the appellant or key witness is an employee in the Human Resources Department?
What happens if the General Manager is the appellant or key witness to the decision being appealed?
What happens if the General Manager is the appellant or key witness to the decision being appealed?
When do Employee Appeal Committee members meet prior to the hearing?
When do Employee Appeal Committee members meet prior to the hearing?
Who provides procedural instructions before and after the hearing?
Who provides procedural instructions before and after the hearing?
How many working days does the Employee Appeal Committee have to render their decision?
How many working days does the Employee Appeal Committee have to render their decision?
What is the primary reason for an employee to appeal?
What is the primary reason for an employee to appeal?
What is the purpose of the formal procedure?
What is the purpose of the formal procedure?
How can an employee initiate the formal procedure?
How can an employee initiate the formal procedure?
What is the timeframe for submitting the completed appeal form or written request?
What is the timeframe for submitting the completed appeal form or written request?
What is the composition of the Employee Appeal Committee?
What is the composition of the Employee Appeal Committee?
How are the Committee members selected?
How are the Committee members selected?
Who is not allowed to participate on the Committee?
Who is not allowed to participate on the Committee?
What is the role of the Human Resources Department in the appeal process?
What is the role of the Human Resources Department in the appeal process?
What is the limitation of the appeal?
What is the limitation of the appeal?
What happens if the General Manager is the appellant or a key witness to the decision being appealed?
What happens if the General Manager is the appellant or a key witness to the decision being appealed?
Study Notes
Alternate Dispute Resolution Policy
- The purpose of the policy is to resolve disputes through open two-way communication, particularly with regard to "formal" grievance procedures.
Scope and Application
- The policy is for internal use and is not designed to utilize or involve non-employees except in circumstances where necessary to avoid a conflict of interest or to protect the legitimacy of the grievance process.
- Probationary employees (new hires with less than 90 days continuous employment) and temporary employees may not appeal involuntary termination.
- Problems, grievances, or complaints relating to FMYN's right to establish or change business or personnel policies, practices, rules, or regulations are not subject to the informal or formal procedures.
Formal Procedure
- The formal procedure is initiated by obtaining a "Request for Appeal Hearing" form from the Human Resources Department, completing and returning it, or submitting a written request.
- The completed request form or written request must be submitted to the Human Resources Department within 10 working days after the date of occurrence giving rise to the problem or complaint.
Employee Appeal Committee
- The Committee consists of 5 members: 2 from management and 3 from non-management.
- Committee members are selected at random from a list of all current employees of the Nation generated by an outside source.
- The Appeal Committee may consist of employees within the same division but not more than one person from a department.
Appeal Hearing Process
- The Appeal Committee members, hearing participants, and observers will not discuss the issues prior to, during, or after the hearing process, except during deliberations following the hearing process.
- A hearing moderator from the Human Resources Department ensures that all elements of the process are carried through appropriately.
- A majority vote of the Employee Appeal Committee constitutes a decision.
- The Employee Appeal Committee will render their decision(s) in writing to the Human Resources Department within 3 working days (weekends and holidays excluded).
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Description
This policy outlines the procedures for resolving disputes through open communication and alternate dispute resolution methods within the Fort McDowell Yavapai Nation.
