ADR Technique: Multiple Techniques

How the ADR System Works
The ADR Program at Anniston Army Depot encompasses three specific programs, Alternative to Traditional Discipline (ATD), the Joint Dispute Resolution (JDR) Program, and Mediation.

The ATD Program uses a form of factual discovery in which the employee, his/her representative, the proposing management official, and a Personnel Management Specialist meet prior to initiating the traditional discipline process. They discuss the facts in the case, define the traditional disciplinary penalty, and then negotiate a possible alternative to the traditional disciplinary penalty. Agreements are reduced to writing and include a waiver of any appeal, grievance, or complaint rights. The JDR Program is a process that allows management and the union to resolve and/or prevent their own disputes without outside assistance. It is formalized as a step in the negotiated grievance procedure that allows the employer or union to refer an unfavorable grievance decision to a JDR Committee. This JDR Committee is a peer review panel comprised of two union-selected employees and two management-selected employees from a list of trained panel members. In grievances involving formal disciplinary actions, the panel renders a recommendation for acceptance/rejection to the appropriate director. In all other grievances, the panel renders a written binding decision. Mediation is available to resolve any workplace dispute.

Background/Objective
Both ATD and JDR were established in an effort to reduce nonproductive time and to streamline the disciplinary and grievance processes. The mediation program was initiated to reduce processing time for EEO complaints and to provide an alternative means of solving other workplace problems that were not already in established grievance or disciplinary channels.

Duration/Current Activity
The ATD program was initiated in 1992. Through FY 1999, it has been offered in 251 cases with 174 cases being resolved with an ATD agreement. The JDR program was instituted in 1996. Twenty-three cases have been referred with 14 cases being resolved. Mediation has been in use since January 1, 1998, and has been offered in ten cases of which five were resolved. Without a doubt, ATD has produced the benefit of swifter resolution of disputes with a very low recidivism rate. The JDR Program has yielded similar results for non-disciplinary grievances. Mediation has proven very successful in those cases where the parties have agreed to use the process.

Rules Governing the Activity
ATD must be offered in all cases involving formal discipline. Agreements are reduced to writing and must include a waiver of rights. The panel membersfor JDR must be from a different work unit than that involved in the dispute. The use of mediation is voluntary on the part of the employee, but if elected, the appropriate management official must participate.

Contact
Mary Mullen, Personnel Management Specialist, Civilian Personnel Advisory Center, Anniston Army Depot, 7 Frankford Avenue, ATTN: AMSTA-AN-RCP, Anniston, AL 36201-4199; Telephone: (256) 235-4840; FAX: (256) 235-4162; Email: mullenm@anad.army.mil.

ADR Technique: Multiple Techniques

How the ADR System Works
The Grievance Panel at the U.S. Army Armor Center is used for performance management issues. It is composed of one union member, one management member, and the Civilian Personnel Officer (CPO). The CPO serves as the impartial Chairperson who casts the deciding vote if the two other members cannot reach consensus.

The Partnership Council is used for labor-management matters involving policy. The Council analyzes issues during the policy formulation stage and develops implementing plans that include both labor and management points of view.

Background/Objective
The objective of the ADR program is to improve working relationships by resolving disputes in the most effective, cost-efficient manner.

Duration/Current Activity
The Grievance Panel has worked effectively and very few grievances have been elevated to a higher level. The Partnership Council has been successful at addressing issues and developing or recommending policy for efficient and effective accomplishment of missions.

Rules Governing the Activity
The agency's ADR program is governed by its collective bargaining agreement.

Contact
Mike Brown, Labor Relations Specialist, Civilian Personnel Advisory Center, Ft. Knox, KY 40121-5000; Telephone: (502) 624-7688; Email: brownm@ftknox2-emh3.army.mil.

ADR Technique: Multiple Techniques

How the ADR System Works
The Corps of Engineers Equal Employment Opportunity (EEO) Alternative Dispute Resolution (ADR) Program method of ADR is mediation to resolve employment related disputes. The EEO office or counselor, whomever is first contacted by the aggrieved, completes the U.S. Army Corps of Engineers (USACE) initial contact sheet as required. If counseling is requested, the EEO Counselor undertakes the counseling inquiry, providing initial information on the USACE EEO ADR programs along with rights and responsibilities. The EEO Officer notifies the ADR Team (EEO Officer, Labor Counselor and Civilian Personnel Advisory Center, and/or Human Resources representatives) of the precomplaint not later than the 9th day. The ADR Team meets not later than the 14th day and the EEO Officer advises the EEO Counselor to offer/not offer USACE EEO ADR. The EEO Counselor informs the aggrieved not later than the 21st day of the counseling he/she will be given the written Election Options to choose, USACE EEO ADR, or EEO Counseling. If the aggrieved elects USACE EEO ADR, the ADR Team meets the EEO Officer and assigns the mediator not later than the 28th day. Mediation is processed within 90 days. The EEO Officer informs the EEO Counselor of the outcome. The EEO Counselor provides final interview and issues notice of right to file not later than the 90th day.

Background/Objective
The Equal Employment Opportunity Commission (EEOC) revised its regulation effective November 1999 on federal sector complaints processing, found at 29 Code of Federal Regulations 1614. The revised regulations contained a number of changes to include the requirements for agencies to have an ADR program. Based upon the revised regulations, the Corps' former ADR program referred to as Corps of Engineers Early Resolution Program (CEERP) was revised to reflect EEOC new guidance. On January 2000, USACE implemented a task force of individuals from the EEO, Counsel and HR professionals to revise USACE EEO complaints program to include the ADR program. The new complaints and ADR guidance were issued to the field for implementation on March 2000.

Duration/Current Activity
USACE is monitoring the newly revised ADR program and resolution rate. From the timeframe October 99 through June 00, there were 255 pre-complaints, of those complaints, 183 opted traditional counseling, which 83 were settled; 72 opted ADR mediation, which 20 were settled. During this period, there were 82 formal complaints filed, which resulted in a 68% resolution rate, well above the Department of the Army's resolution rate of 51%.

Rules Governingthe Activity
The USACE EEO ADR Program is in accordance with the EEOC regulations, 29 C.F.R. 1614.102(b)(2).

Contact
Wanda G. Raiford, Equal Employment Specialist, 441 "G" Street, NW, Washington, DC 20314. Telephone: (202) 761-8706; FAX (202) 761-0872: Email: wanda.g.raiford@usace.army.mil .

ADR Techniques: Multiple Techniques

How the ADR System Works
The Conflict Prevention and Resolution Center (CPRC) at U.S. Army Garrison uses ADR techniques to resolve any and all types of disputes and conflict. The CPRC offers a variety of customized ADR services to fit the individual and particular situation including conciliation, cooperative problem-solving, dispute panels, early neutral evaluation, facilitation, fact finding, interest-based problem solving, mediation, ombudsmen, and peer review.

Background/Objective
The CPRC has been in operation since January 1998. The Center uses ADR techniques other than litigation to resolve any and all types of disputes and conflict. The CPRC offers a variety of customized ADR services to fit the individual and particular situation including conciliation, cooperative problem-solving, dispute panels, early neutral evaluation, facilitation, fact finding, interest-based problem solving, mediation, ombudsmen and peer review.

Duration/Current Activity
More than 75 complaints have been filed through the CPRC. Most of the complaints have been successfully resolved either through mediation or through the ombuds approach. The remaining are ongoing and involve a departmentwide effort to address workplace issues. Current process involves sensing sessions, mediation, and team-building exercises. In addition, The U.S. Army Garrison purchased an Alpine Tower II to be used for team building, conflict prevention, and training.

Rules Governing the Activity
This program is governed by a stand-alone Fort Detrick policy that has been approved by all of the unions operating at that installation.

Contact
Mrs. Beverly Smith, Director, CPRC, CDR, USAG, ATTN: MCHD-CR (Mrs. Smith), 568 Dalton Street, Rm. 130A, Fort Detrick, MD 21702-5000; Telephone:(301) 619-2636; FAX: (301) 619-3382; Email: bev.smith@det.ameoo.army.mil.

ADR Technique: Peer Review

How the ADR System Works
In May 1994, the U.S. Army Communications-Electronics Command (CECOM) instituted the Peer Review Panel as a form of ADR. CECOM and AFGE Local 1904 jointly developed this procedure for handling grievances involving both performance and discipline. The burden of proof lies with management on disciplinary issues and with the employee on performance issues. The procedure uses a Peer Review Panel, which allows the employee's peers to act as an arbitrator of the dispute. The panel hears both sides of theissues and decides by majority vote.

Under the CECOM ADR procedure, it takesapproximately three weeks from the date the grievance is submitted to the date of the hearing. The hearings are limited to one workday. An oral decision is announced on the spot and is final and binding. There is no direct cost.

Background/Objective
Peer panels are used for handling grievances involving performance appraisal ratings of Fully Successful (Successful Level 3) or higher, and disciplinary actions taken against an employee causing anything critical of the employee to be placed in the official personnel folder (this process does not apply to adverse actions, removals, or downgrades).

Duration/Current Activity
The process has been very successful. To date, 17 issues have been decided by the Peer Panel Review--13 performance and 4 discipline. The benefit of using this ADR mechanism is that it encourages employees to resolve problems they have within the organization, rather than resort to an outside forum such as an arbitrator. It controls costs and provides a timely decision.

Rules Governing the Activity
If the employee or the union wishes to grieve the decision on a disciplinary action, he/she (or representative) does so by preparing a written statement of the grievance with the relief requested and a request for a panel review of the decision. The grievant/representative has 10 working days from receipt of the decision letter to present the grievance to the servicing Personnel Management Specialist (PMS) or his/her designee. After determining that the grievance is appropriate for processing, the PMS has 10 days to set up the panel. All decisions made by the panel will be final and binding on both parties.

Contacts
Ruth Sharp, Deputy Chief of Staff for Personnel, U.S. Army Communications-Electronics Command, Personnel and Training Directorate, ATTN: AMSEL-PT, Fort Monmouth, NJ 07703-5000; Telephone: (732) 532-2513. John Poitras, AFGE, Local 1904, U.S. Army Communications-Electronics Command, ATTN: AMSEL-PT, Fort Monmouth, NJ 07703-5000; Telephone: (732) 532-4345.

ADR Technique: Multiple Techniques

How the ADR System Works
The Army Materiel Command (AMC) implemented Resolving Employee Disputes Swiftly (REDS) as part of its ADR program. An employee or manager who identifies a workplace problem or dispute raises the matter through the chain of command or supervision. He or she may contact officials in the Equal Employment Opportunity (EEO) Office, Civilian Personnel Advisory Center, Inspector General, union, Chaplain, or the Employee Assistance Office. The official contacted then refers the matter to either an ADR Point of Contact (POC) or a member of the ADR team. The ADR team determines whether ADR should be offered to the parties or whether traditional dispute resolution procedures would be more appropriate in the specific situation identified. If the ADR team decides to offer ADR, it will identify which type of ADR technique is appropriate--mediation (a mediator assisting the parties themselves to reach settlement), peer review (a panel consisting of varying numbers of the parties' peers and neutral, non-involved agency officials rendering a decision on the dispute), or factual discovery (a structured negotiation procedure with the parties making informal, highly-abbreviated presentations to representatives of each party who have authority to settle the matter). Parties using ADR are expected to engage in full and open communications and respect the right of each party to present his or her perspective.

Background/Objective
The objective of REDS is to resolve quickly any employment law issue in employee-management relations, labor-management relations, and EEO.

Rules Governing the Activity
A REDS pamphlet explaining the process was developed and published for employees. AMC unions are very receptive to the idea of ADR, and have supported REDS. An action plan has been developed for using REDS--describing procedures and processes, and giving answers to frequently asked questions. A model "Commander's Guidance Statement" has been published providing top-level support for institutionalizing REDS and ADR to raise and resolve workplace disputes.

Duration/Current Activity
After a one-year pilot program, REDS has been adopted throughout AMC as an ADR Model for Workplace Disputes. A 2-day training program was conducted for 28 AMC REDS teams. A member of the EEO staff, with Legal and Civilian Personnel representatives, chair each REDS team. Additionally, the REDS Program has been accepted by the Headquarters, DA EEO Office, as meeting EEOC ADR requirements.

Contact
Stephen A. Klatsky, Assistant Command Counsel, HQ, Army Materiel Command, 5001 Eisenhower Ave., Alexandria, VA 22333-0001; Telephone: (703) 617-2304; FAX: (703) 617-5680; Email: sklatsky@hqamc.army.mil.

ADR Techniques: Multiple Techniques

How the ADR System Works
The agency's Resolving Employment Disputes Swiftly (REDS) program uses the ADR techniques of peer review and mediation. REDS extends coverage to all types of workplace disputes including Equal Employment Opportunity (EEO) complaints and grievances (incidents involving violations of criminal law or severe cases of sexual harassment are not covered). An employee can bring any workplace dispute before the REDS Program Administrator in the EEO office. If the dispute is brought up at another office, such as Human Resources or the Inspector General, the matter may be referred to the Program Administrator for intake. An ADR team composed of the REDS Program Administrator and representatives from the legal office, Human Resources, and EEO decide whether to offer ADR. If the employee chooses to use peer review or mediation, management is required to participate. If mediation is used, the agency tolls processing times for grievances or EEO complaints until the process is completed. If mediation fails, the employee may proceed through a traditional process. If peer review is used, the decision of the review panel is final and resolves the matter. Panel decisions and mediated agreements are reviewed by the legal office to ensure that they are enforceable before they become final.

Background/Objective
Resolving Employment Disputes Swiftly (REDS) was established for a number of reasons. First, due to downsizing, closing of facilities and Reduction-In-Force, there was a decrease in morale and an increase in workplace disputes. Second, traditional Equal Employment Opportunity (EEO) complaints, grievance and litigation procedures to resolve workplace disputes were too long and drawn out, costly and sometimes ineffective. Third, Federal EEO complaint procedures are changing and now mandate that agencies establish alternative means for handling workplace disputes. Finally, ARL wanted to develop a new, creative and more efficient method of handling workplace disputes. The creation of an alternative dispute resolution (ADR) program using a team approach, involving representatives from the Equal Employment Opportunity (EEO), Human Resource Management and Legal offices as well as command leaders and representatives from labor unions greatly enhanced program development. Although there were few obstacles encountered at the Army Research Laboratory, using the team approach allowed the agency to address any concerns early on, and ensured total command support in implementing the final product. The emphasis placed on the program by the Director and other command leaders overcame some initial management resistance. REDS was implemented in January 1998 at the ARL Adelphi Laboratory Center.

The goals and objectives of the REDS program are to create a voluntary, non-adversarial process whereby involved parties can consensually resolve workplace disputes; reach a solution fairly and quickly, so everyone feels like a winner; promote a work environment of open communication where employees can present issues in a non-threatening forum; forge better relations among disputing parties; allow for the intervention of an impartial third party to assist in identifying the causes of work-related concerns/issues and assist parties in obtaining a mutually acceptable resolution; and reduce costs in terms of money, time, and lost productivity.

Duration/Current Activity
Under REDS, the processing time for EEO complaints and grievances has been reduced from an average of 381 days to an average of 52 days. Matters going through the REDS process have a resolution rate of 94%.

Rules Governing the Activity
Army Research Laboratory Memorandum 690-37 prescribes policies and procedures, and establishes responsibilities for the implementation of the REDS program.

Contact
Jose Torres, REDS Program Administrator, EEO Office, Army Research Laboratory, 2800 Powder Mill Rd., Adelphi, MD 20783-1197; Telephone: (301) 394-4937; FAX: (301) 394-5816; Email: torres@arl.mil.

ADR Technique: Multiple Techniques

How the ADR System Works
The WRAMC ADR Center uses the ADR techniques of early neutral evaluation and mediation, facilitation, factfinding, problem solving and dispute panel techniques as needed to resolve Equal Employment Opportunity(EEO) complaints, grievances and appeals. Subjects excluded from coverage are waste, fraud, and abuse. Staff members at the Center are trained facilitators. Disputes are brought to the attention of the Center which provides intake services and processes matters with a three-day turnaround time. Included in this processing is a determination of what ADR techniques, if any, should be used in a particular dispute. The agency maintains a list of approximately 10 early neutral evaluators/mediators with diverse backgrounds and uses Department of Defense neutrals, Federal Executive Boards' certified mediators, and neutrals from the U.S. Army Audit Agency and various other Federal agencies. The referral of cases to the personnel office, EEO office, or employee assistance program is normally accomplished within one to five days. ADR procedures are incorporated in WRAMC's Administrative Grievance Process.

Background/Objective
The WRAMC ADR Center was developed in October 1994 when EEO cases and grievances were extremely high, workplace tensions were increasing, and the agency's image was suffering. The objectives of the program were to reduce the cost associated with third party review of grievances, complaints, and appeals; offer employees a process they consider fair and helpful; encourage employee and management participation in a process that focuses on real issues at an early stage; encourage open communication; and identify trends and contributing factors that adversely impact work environment. The major goal during the developmental process was to obtain buy-in from management, employee(s) and union(s). Part of this goal was the signing of a Partnership Agreement between the agency and all three of its unions to ensure open communication, mutual respect and trust among all in resolving issues.

Duration/Current Activity
The program has an overall success rate of 72% in resolving disciplinary, EEO, performance, promotion, training, communication, and personnel issues. A new evaluation of the program is scheduled to be conducted by the agency's Internal Review and Audit Compliance Office in July 1999.

Rules Governing the Activity
The ADR program operates under policies and procedures set by the agency and the WRAMC ADR Center.

Contact
Lawrence Nelson, EEO Office, 6900 Georgia Ave., NW, Room 222, Building 10, Washington, DC 20307-5001; Telephone: (202) 782-7335; FAX: (202) 782-6297; Email: lawrence.nelson@na.amedd.army.mil

ADR Technique: Mediation

How the ADR System Works
The White Sands Missile Range Conflict Resolution Program (CRP) primarily uses the ADR technique of mediation but uses facilitation or peer review in some cases. Under the program, managers and employees are encouraged to contact the Conflict Resolution Center (CRC) to discuss possible referrals to ADR. The Director of the CRC, operating out of the Equal Employment Opportunity (EEO) office, does the initial information intake with each party to the dispute having an opportunity to present their perspective on the situation. The Director may discuss the matter with the labor counselor and a personnel specialist. If facilitation or mediation is appropriate, the Director will contact the parties and mediators and make arrangements for the ADR session. If the dispute involves an EEO matter and it is not resolved, the EEO process continues under regulatory guidelines for complaints processing. All types of workplace disputes are covered under the program.

Background/Objective
In 1995, White Sands began exploring a variety of methods for addressing complaints/disputes before they reached a formal stage. At that time, formal complaints had been escalating along with the inherent costs of processing them. A team of individuals from various work units in the agency developed an ADR program and worked to establish the Conflict Resolution Center in 1996. The objectives of the program are to provide a venue to address conflicts before they become so serious they go to formal redress procedures; to provide quick resolution; to provide for coaching/mentoring managers and complainants on basic communications skills; to provide for improved communication and understanding; and to resolve complaints at any stage.

Duration/Current Activity
Since the program was set up in December 1996, processing time for disputes has been reduced from months to weeks or days, with the number of EEO complaints dropping from 21 in Fiscal Year 97 to 2 in Fiscal Year 99 and the number of grievances during this time dropping from 11 to 1. Resolution rates when cases go to mediation exceeds 96%. Through Fiscal Year 99, cost avoidance savings under the program has been $1,019,000.

Rules Governing the Activity
A Commander's Guidance issuance states that it is the policy of White Sands to offer voluntary mediation to address any conflict, dispute, complaint, grievance, or other dissatisfaction arising in the workplace. The Commander's Guidance also states that the White Sands Mediation Center provides program guidance and coordinates the voluntary mediation program.

Contact
Sylvia Durcholz-Wilhelm, Equal Employment Manager, STEWS-GS-EEO, White Sands Missile Range, NM 88002; Telephone: (505) 678-1291; FAX: (505) 678-1578; Email: barcaks@cg2.wsmr.army.mil.