Personnel Delegation #14

GRIEVANCE DECISIONS

Exhibit 1-5.2F-18

SUBJECT:  DELEGATION OF AUTHORITY TO ISSUE GRIEVANCE DECISIONS UNDER BBS PERSONNEL IHSTBUCTION 771-3

Pursuant to the authority delegated tO the Public Health Service (PHS) Agency Heads by the Director, Office of Management, PUS, on January 13, 1986, I hereby delegate to the officials below the folloving authorities to issue grievance decisions in accordance vith HHS Instruction 771-3 (HHS grievance procedure):

1. The imediate supervisor of the employee having a grievance is authorized to make a decision on the grievance at the first informal level of the HHS grievance procedure (i.e., to be the Stage 1 Official) providing the immediate supervisor has authority over the matter being grieved.  If the immediate auperviror does not have authority over the matter grieved, the first official within the Departmtnt with authority over the matter grieved is authorized to make a decision on a grievance at the informal level.  An administrative auperior of the Stage 1 Official with authority over the matter grieved may exercise this authority if the administrative superior chooses to do so.
2. The supervisor who is next in line authority over the Stage 1 Official is authorized to make the decision on the grievance at the formal level of the HHS grievance procedure (i.e., to be the Stage 2 Official).  The Stage 2 Official (1) must not be an official who previously made a decision on the adverse action, separation, or that is being grieved, (2) must not be an official who issued a decision under the informal level, (3) must have authority over the matter grieved, and (4) must be an official at a higher level than any employee involved in any phase of the grievance.  An administrative superior of the Stage 2. Official who has authority if the administrative superior chooses to do so.

RETENTION OF AUTHORITY 1/

The Deputy Assistant Secretary for Personnel shall exercise, on a Department wide basis, authority to:

1. Make informal and formal grievance decisions for the Secretary on any grievance about a matter initially under the management control of the Assistant Secretary for Health when the grievance procedures require referral to an authority above their organizational level.
2. Reopen and reconsider for the Secretary any final grievance decisions made within the Department, except those made by the Secretary, Under Secretary, Under Secretary Adminiatration, or Assistant Secretary for Personnel Administration.

LIMITATIONS OR EXCLUSIONS

1. The authority cited above was delegated to the Regional Directors for matters with in their management control involving the personnel staffs only of each Indian Health Service (IHS) Area that has its Area Office in their respective regions.  For matters within his/her management control involving the personnel staff of the Gillia W. Long Hansen's Disease Center, the authority cited above was delegated to the Regional Director in Region VI.  The authority for these personnel staffs must be redelegated and further redelegation was authorized.  Redelegation is to be from the Regional Directors to the Regional Personnel Officers, who are to redelegate to the IHS Area Directors and to the Director of the Gillis W. Long Hansen's Disease Center for matters within their management control involving their personnel staffs.
2. HRSA employees in or under the line supervision of regional office official are not covered by this delegation.

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   1/ The Deputy Director, IHS shall exercise, on a IHS-wide basis, authority to:
   1. Make informal and formal grievance decisions for the Director, IHS on any grievance about a matter initially under the management control of the Directors of IHS Area/Program Offices and Headquarters Associate Directors when the grievance procedures require referral to an authority above their organizational level.
   2. Reopen and reconsider for the Director any final grievance decisions made vithin the Indian Health Service, except those made by the Director, IHS
3. This delegation does not apply to grievance decisions issued under a negotiated grievance procedure.  In those cases, the officials authorized to make and issue grievance decisions are identified in the collective bargaining agreement.

INFORMATION AND GUIDANCE

Requirements and instructions for exercising this authority are contained in Chapter 771 of the Federal Personnel Manual, HHS Instruction 771-3, and 5 CFR Part 771.

PRIOR DELEGATIONS

All previous delegations and redelegationa are hereby superseded.

EFFECTIVE DATE

This delegation is effective upon date-of signature.

Date:  4/4/86