Grievance and Appeal Procedures
Human Resources Professionals
in Indian Country
Get your HR certificate and upgrade your credentials. This class can be counted toward the maintenance of your Indian Country Human Resource Certification. Click here or call 1-800-992-4489 for details.
The purpose of the grievance and appeal
process is to protect employees from
improper treatment or management
errors, but it must ensure fairness for
employees and the tribal organization.
Without a doubt, managing the process
is challenging for tribal employers.
This class will be taught by Rick McGee*, renowned lawyer who specializes
in employment related issues involving tribal organizations. This two-day
class will provide human resources professionals with tools to minimize the
risk of claims and develop grievance process models and policies that are
consistent and fair to all parties. It will offer an overview of the Indian Civil
Rights Act and its impact on grievance policies and employment claims.
We’ll walk you through a typical hearing and share the latest case law.
Whether you’re an experienced human resources professional or a newcomer,
you’ll walk away from this session better prepared to address the
difficult area of grievances and appeals. Your newly gained knowledge will
make you a vital asset to your organization.
|T O P I C S I N C L U D E
- What is a grievance?
- What is progressive discipline?
- What are employee complaint policies?
- What is due process?
- Why give employees due process?
- What’s in it for employers?
- Are tribal leaders, employees and officials potentially individually liable?
- Due process
- Employee handbook
- Policies and procedures
- Waiver of immunity for employee claims
- Chain of command
Sample Grievance Procedures
- Typical grievance issues
- The options
- Sample policy
- Benefits and detriments
- Grievance procedure models
- Procedure for handling employee grievances
- Case law
- Rules of evidence:
Role of the Tribal Court
- Common ingredients in sound grievance policies
- Can different elements be combined to form unique policies?
- Traditional approaches to dispute resolutions
- Scope of review
- Delegation of th epower of review
- Exhaustion of administrative remedies
Indian Civil Rights Act (ICRA)
- ICRA’s impact on tribal grievance policies
- ICRA’s impact on employment claims
- What the courts say
- Effects of the tribal constitution, traditions and customs and other tribal laws
- Potential theories of liability under the Act
- Incorporation of ICRA
- Effect on tribal due process
- Application to Indians and non-Indians
Federal Employment Laws
- Minimizing risk in employment-related claims
- What kinds of claims are tribes facing?
- Methods for minimizing employment claims risks
- Which laws apply and which don’t?
- National Labor Relations Board (NLRB):
- Impact of decisions on grievances and appeals
- Opinion vs. fact
- Role of documentation in grievances and court
- Who has jurisdiction in reviewing tribal employment claims?
- Montana v. United States
- Role of consent to tribal jurisdiction
Traditional Dispute Mechanisms
Compare and Contrast
- Is there a role for traditional tribal dispute mechanisms?
- Talking circles
- Peacemaker forums
- What are at-will and for-cause employment?
- Can an employer use at-will and have a grievance policy?
- Is a license revocation hearing the same thing as a grievance proceeding?
Standard of Review
- Can a grievance policy serve to limit employer liability?
- Must tribal employers offer grievance policies?
- Will grievances expose weak supervisors and poor policy?
- Should employers appoint employee advocates?
- How is the “standard of review” defined?
- Why is it important?
- Should the tribal court participate?
- Should grievance committees receive training?
- Exercise — a grievance hearing in action