112B Alternate Dispute Resolution

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

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?

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?

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?

Probationary employees and temporary employees Signup and view all the answers

What is not subject to the informal or formal procedures?

All of the above Signup and view all the answers

What is appealable in the application of a policy?

The application of the policy Signup and view all the answers

Why is the personal time off policy not appealable?

Because it is a business or personnel policy Signup and view all the answers

What is the basis for scheduling personal time off?

Length of service Signup and view all the answers

What happens if there is a personal or professional conflict with an Appeal Committee member?

The Appeal Committee member will recuse themselves and a new member will be selected. Signup and view all the answers

Who serves as the hearing moderator during the appeal hearing process?

A representative from the tribal government or tribal enterprise Human Resources Department. Signup and view all the answers

What constitutes a decision by the Employee Appeal Committee?

A majority vote of the Employee Appeal Committee. Signup and view all the answers

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?

The General Manager. Signup and view all the answers

What happens if the General Manager is the appellant or key witness to the decision being appealed?

The Employee Appeal Committee renders their decision to the Tribal Council or its designee. Signup and view all the answers

When do Employee Appeal Committee members meet prior to the hearing?

To examine any documentation and prepare possible questions. Signup and view all the answers

Who provides procedural instructions before and after the hearing?

The hearing moderator. Signup and view all the answers

How many working days does the Employee Appeal Committee have to render their decision?

Three (3) working days. Signup and view all the answers

What is the primary reason for an employee to appeal?

If they were not allowed to schedule personal time off based on service credits Signup and view all the answers

What is the purpose of the formal procedure?

To ensure full and careful attention to the complaint or problem Signup and view all the answers

How can an employee initiate the formal procedure?

By obtaining a 'Request for Appeal Hearing' form from the Human Resources Department Signup and view all the answers

What is the timeframe for submitting the completed appeal form or written request?

Ten (10) working days after the date of occurrence Signup and view all the answers

What is the composition of the Employee Appeal Committee?

Two (2) members from management and three (3) from non-management Signup and view all the answers

How are the Committee members selected?

Randomly selected from a list of all current employees of the Nation Signup and view all the answers

Who is not allowed to participate on the Committee?

Appellant's immediate family members Signup and view all the answers

What is the role of the Human Resources Department in the appeal process?

To oversee the selection process of the Employee Appeal Committee Signup and view all the answers

What is the limitation of the appeal?

Only the application of policy can be appealed Signup and view all the answers

What happens if the General Manager is the appellant or a key witness to the decision being appealed?

The Tribal Council or its designee manages the selection process Signup and view all the answers

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).

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

This policy outlines the procedures for resolving disputes through open communication and alternate dispute resolution methods within the Fort McDowell Yavapai Nation.