BOARD-L ArchivesArchiver > BOARD > 2006-07 > 1151756059
From: "Linda Haas Davenport" <>
Subject: CPC Procedures - Section 5-6
Date: Sat, 1 Jul 2006 07:14:19 -0500
Section 5C - Grievance Process
The following types of grievances will be handled by the
Grievances against the USGenWeb Project, the standing committees
or Special Projects of the USGenWeb Project, or the USGenWeb
Project Advisory Board.
Grievances by a State Project or Special Project against another
State Project or Special Project.
Grievances by a USGenWeb Project member against another USGenWeb
Project member who is not located within the same State or
Grievances by a USGenWeb Project member against another USGenWeb
Project member located within the same State or Special Project
when there is no local Grievance Procedure to follow in that
State or Special Project.
Grievances against the local grievance project of a State or
Special Project having its own member-approved process for
The Grievance Committee is limited to reviewing the determination
made by the local grievance process and entering a determination
whether the local procedures for the grievance process were
followed within that State or Special Project. The Grievance
Committee will not re-hear the complaint once it has been handled
at the local level.
Other specific grievances on a case-by-case basis when there may
not be a reasonable alternative at the local level for resolution
of the dispute, solely at the discretion of the Grievance
Committee as a whole.
Section 5D - Grievance Process
Upon receiving the initial complaint, the Grievance Coordinator
will assign it a number, and appoint one of the permanent
committee members to review the complaint to determine whether it
meets the requirements outlined in subsection C of this Section.
The review of the complaint will result in an "accept" or
"reject" determination from the Committee Member assigned. The
recommendation and the reasons therefore, shall be provided to
the Grievance Committee as a whole, and voted upon.
The review at this level should assume that the facts stated in
the complaint are true, and the determination of the viability of
the grievance made based upon the assumption that the complaint
is true and a review of the by-laws, policies, or procedures
alleged to have been violated.
If rejected, the member filing the grievance shall be informed
that the grievance was not accepted and the reasons that it was
not accepted. If the reason that the grievance was not accepted
was due to the initial complaint not fulfilling the requirements
of subsection C of this Section, the member will have 10 days to
amend or correct any deficiencies in the initial complaint and
resubmit it to the Grievance Committee Chair.
If accepted as a viable grievance, the parties shall be so
informed and a Committee Member and volunteer mediator and two
volunteer arbitrators assigned. The parties to the grievance, the
Committee Member, mediator, and arbitrators will then be
subscribed to a private email list.
The mediator shall advise the parties of the identity of the
members of the team by return receipted email once they are
assigned. It shall be the responsibility of the parties to the
dispute to raise the issue of bias or conflict by a member of the
team. This shall be done privately to the mediator, or the
committee member if the conflict is alleged against the mediator.
All claims of bias or conflict must be raised prior to the
beginning of the mediation process.
If an objection should be raised to a team member, that member
shall be dismissed and a new team member appointed without the
necessity for any proof of bias or prejudice. The identity of the
party raising the objection shall not be revealed to any team
member. Once the team is seated and the process initiated, no
further objection may be raised as to partiality, bias, or
conflict, and a team member may only be removed on his or her own
Section 5E - Grievance Process
The duties and responsibilities of the team shall be:
To provide a full and fair opportunity for both parties to
present their side of the dispute and present relevant material
in support of their position.
To review the material provided by both parties, to ask questions
of the parties, and seek clarification to further understand the
issues in dispute.
To assist the parties in identifying the source of the dispute,
the options for resolution, common ground between the parties,
and to explore the possibility of an amiable agreement for
resolution of the dispute that will benefit both parties and The
To notify the Grievance Committee that mediation has been
successful and the exact nature of the agreement the parties have
come to and have agreed to abide by.
Or, to notify the Grievance Committee that mediation has not been
successful and the outcome determined by the volunteer
Section 5F - Grievance Process
When the team is seated, the parties shall be so advised by the
Mediator. The parties shall have seventy-two (72) hours to submit
to the Mediator a written statement of their position on the
issues of the dispute. The mediator shall provide the position
statements to the team members for their review.
The issues raised in the initial complaint and in the position
statements of the parties shall be the sole issues for discussion
in either mediation or arbitration. Prior precedent may be
considered, but issues not raised in the complaint or in the
position statements will not be considered.
Mediation will continue until the matter is resolved, or until it
is apparent to the mediator that there will be no resolution
forthcoming, but for a period of no more than ten days once
mediation has begun without approval of the Grievance Committee.
The mediator may request additional time from the Grievance
Committee if it is the opinion of the team that a resolution is
at hand. If it is apparent that no resolution is forthcoming the
mediator will notify the committee that the matter will be
submitted for arbitration.
All discussion regarding the issues during the grievance process
is to be considered privileged and private, and shall not be
disclosed during or after the process by either the team or
either party, except as allowed by these procedures.
Section 6 - Mediation
Upon being opened for mediation, the volunteer arbitrators shall
be unsubscribed from the discussion list during the mediation
The mediator may meet with each party separately, discussing the
issues raised and prompting suggestions for a solution, short of
the party receiving their requested goal that would be
acceptable. All correspondence will be accessible to the
permanent committee member.
When, and if, the mediator is able to bring both parties close to
a potential resolution, the parties may be brought together on
the closed list to try to finalize the compromise solution.
If, after the mediator has worked with both parties for a
reasonable amount of time, and the mediator determines that the
movement of one or both parties will not be sufficient to produce
a mediated resolution, the process is terminated. The mediator
will make a final recommendation to the Grievance Coordinator as
to whether the matter should proceed to arbitration or whether
the matter should be closed.
If an amiable agreement is achieved between the parties in the
mediation process, the members of the team shall retire to closed
session to insure that the resolution is appropriate in view of
the goals and requirements of The USGenWeb Project. If no
conflict is found, the resolution agreement will be forwarded to
the Grievance Coordinator with a recommendation for approval, and
the parties so notified by the mediator. If the resolution
agreement is not consistent with the goals and requirements of
The USGenWeb Project after review in closed session, the team
will reconvene with the parties for further discussion.
Failure of either party to proceed with mediation in good faith
is grounds for terminating the process.
The mediation process is confidential, and parties involved must
agree to uphold that confidentiality unless ALL parties agree to