Office of Compliance FY2017 Annual Report - 15

ADMINISTRATIVE DISPUTE RESOLUTION PROCESS

ADJUDICATION OF CLAIMS:
CONFIDENTIAL HEARING OR FEDERAL COURT
ADMINISTRATIVE
COMPLAINT PROCEEDINGS

PETITIONS FOR BOARD
REVIEW OF HEARING
OFFICER DECISIONS

Pending complaints

1

New complaints filed

5

Pending on appeal from FY16

8

Total

6

New appeals filed in FY17

2

Total
Resolved during hearing 2
(settled or withdrawn)

10
Cases decided by the Board

5
5

Hearing Officer
decision issued

2

Pending before the Board

Pending in hearing
at end of FY17

2

*One decision of the Board may resolve
several cases/complaints.

If the parties fail to resolve their
dispute in mediation, the employee
may choose to file an administrative
complaint with the OOC or file a
lawsuit in federal court. In both
proceedings, the parties will have the
opportunity to present their evidence
to a Hearing Officer or judge who
will issue a decision based on the
merits of the case. The same remedies
are available whether the employee
files with the OOC or in court. When
an employee files an administrative
complaint, the case will be heard in
a confidential setting and decided by
a neutral and experienced Hearing
Officer appointed by the OOC. If the
employee prevails, or the Hearing
Officer's decision is appealed to the
Board of Directors, the opinion may
become public. If instead the employee
chooses to file a lawsuit in court, the
case will be decided by a federal judge
and the proceeding will be a matter of
public record.

The Board of Directors, the OOC's
appellate body, issues decisions
resolving matters on petitions for
review of Hearing Officer decisions
and on exceptions to arbitrators'
awards filed pursuant to the labormanagement provisions of the CAA.
Decisions by the Board of Directors set
legal precedent for the interpretation
and application of workplace rights in
the legislative branch.

One of the 30,000 legislative branch workers
walking outside the Library of Congress
James Madison Memorial Building.

In addition to deciding ADR cases, in
FY17 the Board issued decisions on 9
cases alleging violations of the labor
relations provisions of the CAA. See
page 26.
Court of Appeals
On review in FY17, the United States
Court of Appeals for the Federal
Circuit upheld a decision of the Board
that resolved three consolidated cases.

Video: How to file a claim:
goo.gl/KX6FDU
Video: Mediation and Appeals:
goo.gl/oPBLWH
FY17 Annual Report

State of the Congressional Workplace

15
http://www.goo.gl/KX6FDU http://www.goo.gl/oPBLWH
Table of Contents for the Digital Edition of Office of Compliance FY2017 Annual Report
