Equal Employment Opportunity (Eeo) Policy And Program Administration Form Sample Page 13

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VA MEDICAL CENTER
POLICY MEMORANDUM 00-028
BRONX, NY 10468
ATTACHMENT B
ALTERNATE DISPUTE RESOLUTION/EEO MEDIATION PROGRAM
1.
PURPOSE:
TO ESTABLISH THE POLICY AND PROCEDURES FOR THE ADMINISTRATION OF
THE BRONX VA ALTERNATE DISPUTE RESOLUTION (ADR)/EEO MEDIATION PROGRAM.
2.
POLICY: THE BRONX VA MEDICAL CENTER IS COMMITTED TO ASSISTING EMPLOYEES IN
FINDING CREATIVE, ACCEPTABLE SOLUTIONS TO DISPUTES AND ENCOURAGES THE USE OF
MEDIATION AS AN ALTERNATIVE APPROACH TO RESOLVING EEO DISPUTES. THIS INCLUDES,
BUT IS NOT LIMITED TO, DISPUTES THAT MAY BE FILED IN A FORMAL FORUM SUCH AS THE
AGENCY’S EQUAL EMPLOYMENT OPPORTUNITY COMPLAINT PROGRAM, MERIT SYSTEMS
PROTECTION BOARD (MSPB), GRIEVANCES (NEGOTIATED PROCEDURE AND AGENCY
PROCEDURE) AND ARBITRATION THROUGH THE FEDERAL LABOR RELATIONS AUTHORITY
(FLRA).
THE BRONX VA ADR/EEO MEDIATION PROGRAM IS ADMINISTERED BY THE EEO
PROGRAM MANAGER.
3.
RESPONSIBILITIES: ADR/EEO MEDIATION IS A PROCESS WHERE A TRAINED NEUTRAL
THIRD PARTY ASSISTS TWO OR MORE PARTIES TO NEGOTIATE A MUTUALLY AGREEABLE
SOLUTION TO THEIR DISPUTE.
EEO/ADR MEDIATION IS VOLUNTARY, INFORMAL AND
CONFIDENTIAL. BOTH PARTIES MUST AGREE TO MEDIATE; EITHER PARTY MAY TERMINATE
THE MEDIATION PROCESS AT ANY TIME.
ADR/EEO MEDIATION EMPHASIZES EARLY
INTERVENTION AND PROBLEM SOLVING RATHER THAN A LONG ADVERSARIAL PROCESS.
EMPLOYEES MAY ELECT TO HAVE A PERSONAL REPRESENTATIVE OR AN ATTORNEY AT ANY
STAGE OF MEDIATION.
A. ADR/EEO FACILITATORS:
A
CADRE
OF
ADR/EEO
FACILITATORS
WILL
BE
APPOINTED BY THE MEDICAL CENTER DIRECTOR WITH INPUT FROM THE BARGAINING UNITS
(AFGE, LOCAL 1168 AND NYNSA) AND OTHER STAKEHOLDERS TO ASSIST EMPLOYEES
RESOLVE EMPLOYMENT RELATED DISPUTES THROUGH THE USE OF MEDIATION.
B.
THE MEDICAL CENTER DIRECTOR IS RESPONSIBLE FOR APPROVAL, ESTABLISHMENT
AND CONTINUANCE OF AN ADR/EEO MEDIATION PROGRAM AT THIS MEDICAL CENTER AND
AFFILIATED OUTPATIENT CLINICS AND FOR DESIGNATING APPROPRIATE STAFF TO
ADMINISTER THE PROGRAM. IN THOSE CASES IN WHICH THE PROVISIONS OF THE MEDIATED
AGREEMENT GO BEYOND THE SCOPE OF AUTHORITY OF THE PCCD OR PROGRAM CHIEF,
FINAL APPROVAL/DISAPPROVAL OF THE MEDIATED AGREEMENT WILL BE BY THE MEDICAL
CENTER DIRECTOR OR DESIGNEE.
THE MEDICAL CENTER DIRECTOR WILL APPOINT AN
ALTERNATE DISPUTE RESOLUTION (ADR) MANAGER.
C.
PCC
DIRECTORS
ARE
RESPONSIBLE
FOR
MAINTAINING
AWARENESS
AND
COMMITMENT TO EEO/ADR MEDIATION AS A VOLUNTARY, ALTERNATE FORM OF
RESOLUTION IN DISPUTES THAT ARISE WITHIN THEIR PROGRAMS. THEY ARE TO ENSURE
THAT PROGRAM SUPERVISORS MEET THEIR OBLIGATION TO FULLY SUPPORT MEDIATION
EFFORTS INVOLVING EMPLOYEES.
D. SUPERVISORS ARE RESPONSIBLE FOR MAINTAINING AN AWARENESS OF ADR/EEO
MEDIATION AS AN ALTERNATE FORM OF RESOLUTION IN DISPUTES THAT ARISE WITHIN THE
WORKPLACE AND FOR COOPERATING TO THE FULLEST EXTENT IN ANY MEDIATION EFFORTS
THAT INVOLVE THEMSELVES AND/OR EMPLOYEES THEY SUPERVISE.
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