Component 4: Independent Complaint Process

Managers cannot effectively manage unless they have knowledge of developing problems at the earliest possible time.

In this regard, HRCRRA believes that employees are the canaries in the employment mineshaft. If you listen to them, they will often warn of developing problems at a time that the problems can be solved economically. To this end, HRCRRA recommends adoption of a multi-level independent complaint process:

Level 1-Grievance Procedure: In non-unionized employment, an effective internal grievance procedure must be instituted. HRCRRA recommends that this process be administered by it as an independent process.

This independent process has two benefits. First employees can complain to people other than their supervisors without fear that they are jeopardizing their employment.

Second, by removing supervisors from the complaint process, supervisors are emancipated from dealing with petty employment complaints and allowed to spend more time performing supervisory functions rather than complaint resolution.

Finally, management is protected by insuring a consistency with adjustment of individual complaints and established policies. This procedure can also be used to address job accommodation issues under Title VII, the Rehabilitation Act, ADA, and Title VII.

In union employment settings any grievance procedure must, of course, be consistent with the negotiated contract.

Level 2—Complaint filing: Independent of the grievance procedure set forth above, employees must be encouraged to file complaint with an independent body concerning any alleged violation of the law. The purpose of this policy is to allow an employer to respond to any “whistle blower” complaints at the earliest possible level.

Level 3—Anonymous Hot Line: HRCRRA recommends use of a 24 hour, 7 day a week hot line (both telephonic and via email) to encourage employees to report any observed violation of law. Through use of an independent procedure, such anonymous complaints can be collected and, if appropriate, investigated.

For further information see our White Papers section.

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