Employment disputes can be stressful, especially when they involve discipline, suspension, loss of pay, termination, or alleged violations of Navajo Preference. Many Navajo Nation employees are surprised to learn that the Navajo Nation Personnel Policies Manual contains a formal grievance process that may allow employees to challenge certain employment decisions. Understanding that process and its deadlines can be critical to protecting your rights.
Can a Navajo Nation Employee Challenge Disciplinary Action?
In many situations, yes.
The Personnel Policies Manual states that employees who are aggrieved by disciplinary actions such as discharge, suspension, loss of pay, or loss of benefits may utilize the grievance procedures established by the Navajo Nation. In addition, employees and applicants may pursue grievances involving alleged violations of the Navajo Preference in Employment Act. At-will employees are generally not eligible to use this grievance process.
Many employees mistakenly believe that once a supervisor makes a decision, nothing can be done. That is not always true.
Common Situations That May Lead to a Grievance
A grievance may arise when an employee experiences:
Termination from employment.
Suspension without pay.
Loss of wages or benefits.
Alleged violations of Navajo Preference.
Certain disciplinary actions affecting employment status.
Not every workplace disagreement supports a grievance, but employees should carefully review the circumstances before assuming they have no remedy.
Step One: File a Written Grievance
The grievance process begins with a written grievance submitted to the supervisor who initiated the action.
The employee or applicant must generally file the grievance within twenty working days of the disciplinary action or alleged violation. A copy must also be provided to the Department of Personnel Management. The supervisor then has ten working days to attempt to resolve the matter.
One of the biggest mistakes employees make is waiting too long.
Missing a deadline can jeopardize a claim before the merits are ever considered.
Step Two: Appeal to the Human Resources Director
If the issue is not resolved during Step One, the employee may appeal to the Human Resources Director within ten working days after completion of Step One. The appeal should include:
The names of the parties involved.
A clear statement of the facts.
The dates of the relevant events.
The specific harm suffered.
The relief being requested.
At this stage, careful drafting can make a substantial difference. A poorly written grievance may omit important facts or claims that should be preserved.
Step Three: Administrative Meeting
The Department of Personnel Management must convene an Administrative Meeting within ten working days of receiving the appeal.
The purpose of the meeting is to attempt settlement of the dispute. If no settlement is reached, the grievance proceeds to the next stage.
Many employment disputes resolve during this phase because both sides have an opportunity to discuss the matter before a formal hearing.
Step Four: Appeal to a Hearing Officer
If the dispute remains unresolved, the employee must file a grievance appeal with the Department of Personnel Management for transmittal to a Hearing Officer.
This appeal must generally be filed within fifteen working days after Step Three and must include a $25 filing fee. The Personnel Policies Manual specifically provides that legal counsel may represent the parties at this stage.
For many employees, this is the point where retaining an attorney becomes especially important.
Step Five: The Grievance Hearing
A Navajo Nation Hearing Officer conducts the grievance hearing.
According to the Personnel Policies Manual, the hearing is generally held within thirty working days of filing, or as otherwise agreed by the parties. The Hearing Officer then issues a written decision.
The Hearing Officer's decision is the final administrative decision.
What Can a Hearing Officer Do?
The Hearing Officer has significant authority.
Depending on the circumstances, the Hearing Officer may:
Uphold disciplinary action.
Reverse disciplinary action.
Award back pay.
Order an employee's record to be expunged.
Grant relief available under Navajo Preference law.
Reduce an excessive penalty when circumstances warrant.
This authority can have a substantial impact on an employee's career and future employment opportunities.
Administrative Leave Does Not Always Mean Termination
One issue frequently misunderstood by employees involves administrative leave.
The Personnel Policies Manual allows supervisors to place employees on administrative leave while investigating certain allegations. However, the Manual also establishes procedures governing notice, duration, investigative requirements, and limitations on such leave. Administrative leave is not automatically a termination and should not necessarily be interpreted as proof that misconduct occurred.
Employees should avoid resigning simply because they have been placed on administrative leave.
Five Common Mistakes Employees Make
1. Missing Deadlines
Grievance rights often depend upon strict compliance with filing deadlines. Waiting too long can result in dismissal of an otherwise valid claim.
2. Failing to Preserve Documents
Emails, memoranda, disciplinary notices, performance evaluations, and witness statements can become important evidence.
3. Resigning Too Quickly
Employees sometimes resign before understanding their rights or evaluating available remedies.
4. Assuming Management Followed All Procedures
The Personnel Policies Manual contains numerous procedural requirements involving notice, discipline, investigations, and grievances. An employment action may be vulnerable if required procedures were not followed.
5. Waiting Too Long to Consult an Attorney
Early legal advice can help identify issues, preserve evidence, and ensure deadlines are met.
Why the Personnel Policies Manual Matters
Many employment disputes are decided not only by the underlying facts but also by whether required procedures were followed.
The Personnel Policies Manual addresses:
Hiring procedures.
Navajo Preference.
Promotions and transfers.
Employee discipline.
Administrative leave.
Performance evaluations.
Grievances.
Terminations.
Employee rights and responsibilities.
Understanding these rules can be critical when evaluating whether an employment action was lawful.
Conclusion
The Navajo Nation employee grievance process provides an important avenue for employees to challenge certain disciplinary actions and alleged violations of Navajo employment law. However, the process contains multiple steps, deadlines, and procedural requirements that can significantly affect the outcome of a case. Employees facing termination, suspension, loss of pay, or Navajo Preference issues should carefully review their options before deadlines expire.
If you believe your rights as a Navajo Nation employee have been violated, obtaining legal advice early in the process may help preserve your claims and protect your interests.
Have questions about a Navajo Nation employment dispute? Contact Rudy Anaya Law to discuss your situation and learn about your legal options.
