How does an agency close a grievance on the basis of non-compliance?
It depends. If the agency is closing the grievance based on the grievant’s failure to follow one of the six grievance initiation rules (e.g., the 30 calendar-day filing rule) then management may notify the employee, using the ” Form A,” that the grievance will be administratively closed due to noncompliance. The agency must also notify the employee on the “Form A” that the employee has the right to request a compliance ruling from the EDR Director to overturn the closing of the grievance. Any such ruling request from the grievant to the EDR Director must be made within 5 workdays of the notice of closure and be accompanied by a copy of the grievance record, complete with all attachments. (The original grievance record should be kept by the agency). The agency may raise noncompliance at any point through the agency head’s qualification decision. (See Grievance Procedure Manual, § 6.2). The other circumstance in which the agency may desire to close a grievance is in a case of abandonment
