Grievance

Please refer to Montgomery County Personnel Regulations (MCPR) Section 34 for information regarding the grievance process. Specifically, the first two Steps of the Grievance Procedure in § 34-9(e) below must be followed before filing an appeal with the Merit System Protection Board: 

Steps of the Grievance Procedure

Step	Individual	Responsibility of individual*
1	Employee	Present job-related problem informally to immediate supervisor.  If unable to resolve the problem, submit a written grievance on appropriate grievance form to immediate supervisor within 30 calendar days. If the grievance is based on an action taken or not taken by OLR, submit the written grievance to the OLR Chief.
	Department Director	Give the employee a written response within 15 working days after the written grievance is received.
2	Employee	If not satisfied with the department director’s response, may file the grievance with the CAO by submitting it to the Labor/Employee Relations Team of OLR within 10 calendar days after receiving the department’s response.
	CAO’s Designee	Must meet with the employee, employee’s representative, and department director’s designee within 30 calendar days to attempt to resolve the grievance.
	Employee and Dept. Director	Present information, arguments, and documents to the CAO’s designee to support their positions
	CAO’s Designee	If unable to resolve the grievance, must provide the CAO with a report that includes background information, issue, the position and arguments of each party, a summary of relevant facts, and a recommended disposition.
	CAO	Must give the employee and department a written decision within 45 calendar days after the Step 2 meeting.
3	Employee	If not satisfied with the CAO’s response, may submit an appeal to the MSPB within 10 working days (10 calendar days for a uniformed fire/rescue employee) after the CAO’s decision is received.
	MSPB	Must review the employee’s appeal under Section 35 of these Regulations

* At each step of the grievance procedure, the parties to a grievance should consider ADR methods to resolve the dispute

In accordance with § 34-10(a) and § 33-9(b) of the MCPR, an employee with merit status may appeal a grievance decision issued by the Chief Administrative Officer (CAO) to the Board. Section 35-3(a)(3) of the MCPR specifies that any such appeal must be filed within ten (10) working days of the receipt of the final written decision on the grievance. The appeal must be filed in writing or by completing the Merit System Protection Board Appeal Form. The appeal must include a copy of the CAO’s decision. MCPR § 35-4(d)(2).

Upon receipt of the completed Appeal Form, the Board’s staff notifies the Office of the County Attorney and Office of Human Resources of the appeal and provides the County with thirty (30) calendar days to respond to the appeal and forward a copy of the decision on the grievance being appealed and all relevant documents. MCPR § 35-8. The County must also provide the employee with a copy of all information provided to the Board. After receipt of the County’s response, the employee is provided with an opportunity to provide final comments.

After the development of the written record, the Board reviews the record to determine if it is complete. If the Board believes that the record is incomplete or inconsistent, it may require additional submissions or oral testimony to clarify the issues. If the Board determines that no hearing is needed, the Board makes a determination on the written record and issues a written decision.

The Montgomery County Code, § 33-56, also permits an appeal to the MSPB from a decision of the CAO regarding a retirement issue. Appeals of retirement grievances must be filed within fifteen (15) calendar days.