Personnel Policies Manual

  1. An employee who feels aggrieved as a result of an application of disciplinary action such as discharge, suspension, loss of pay or benefits, or an employee or an applicant for an employment position who alleges a violation of the Navajo Preference in Employment Act has a right to utilize the procedures provided in this Section.

  2. All employees are eligible to file a grievance concerning the application of disciplinary action such as discharge, suspension, loss of pay or benefits, and any employee or applicant for an employment position are eligible to file a grievance alleging a violation of the Navajo Preference in Employment Act. At-will employees are not eligible.

    1. Step One:

      An employee or an applicant for an employment position must file a written grievance with the supervisor who initiated the action within twenty working days of the disciplinary action or alleged violation of the Navajo Preference in Employment Act, with a copy to the Department of Personnel Management. The supervisor must attempt to resolve the problem with the employee or applicant within ten working days after receipt of the grievance.

    2. Step Two:

      If the supervisor fails to address the grievance or if the employee or applicant disagrees with the decision, the employee or applicant must file a written appeal with the Human Resources Director within ten working days of the completion of Step One above. The appeal shall include:

      1. the name and position of the Aggrieved Party,
      2. the name and position of the supervisor initiating the action,
      3. a clear and concise statement of the underlying facts, including the dates and alleged events or conditions which form the basis of the appeal, and the specific harm allegedly sustained by the Aggrieved Party as a result of the violation,
      4. the relief sought by the Aggrieved Party.
    3. Step Three:

      Within ten working days of receipt of the appeal, the Department of Personnel Management will convene an Administrative Meeting with the employee or applicant and the supervisor to attempt settlement. If the Department of Personnel Management does not convene the meeting or if the parties do not settle the grievance within the ten working days, then the grievance proceeds to Step Four.

    4. Step Four:

      If the employee or applicant disagrees with the outcome of the Administrative Meeting, or if no Administrative Meeting was convened, the employee or applicant must file a written grievance appeal with the Department of Personnel Management within fifteen working days of the conclusion of Step Three for immediate transmittal to the Hearing Officer. A filing fee of $25.00 must accompany this appeal. At this point, and not earlier, both parties may be represented by legal counsel.

    5. Step Five:

      A Navajo Nation Hearing Officer will conduct the grievance hearing. The hearing will be held within 30 working days of the date of filing, or as soon thereafter as agreeable to the parties. The Hearing Officer will render a written decision within twenty working days of the hearing.

    6. The decision of the Hearing Officer is the final administrative decision.

  3. If the grievance is withdrawn or resolved prior to commencement of the grievance hearing, the filing fee shall be refunded.

  4. Abandonment of a case or noncompliance with required grievance deadlines by the Aggrieved Party will be grounds for dismissal of the grievance. The Department of Personnel Management will make such determination and inform all parties. Dismissal of a grievance may be appealed to the Hearing Officer under Step Four.

  5. At any point in the grievance process, an employee may withdraw the grievance.

  6. Any changes regarding a position affected by a grievance will be placed on hold by the Department of Personnel Management until such time the grievance is resolved or a final decision is rendered.

    1. Notwithstanding the foregoing subsection G, disciplinary actions shall be effective immediately upon notice to the employee.
    2. Notwithstanding an employee's involvement in a current grievance, subsequent violation(s) of the personnel policies by the employee may result in separate disciplinary action(s).
    3. An employee that has filed a grievance shall be allowed reasonable use of available annual leave hours for the purpose of participating in the grievance process.
  7. A Hearing Officer of the Office of Hearings and Appeals shall hear grievances under this Section. The Office of Hearings and Appeals’ rules for personnel grievances shall govern the grievance hearing. The Hearing Officer shall have the authority to uphold or reverse the disciplinary action of the supervisor, award back pay to the grievant, and when required, order that the employee’s record be expunged, and may provide any other relief available to the grievant under the Navajo Preference in Employment Act. The Hearing Officer may also consider the appropriateness of the penalty imposed and if circumstances warrant, reduce the penalty. However, in no case shall the Hearing Officer increase the penalty imposed by the supervisor.