MSFC NASA MPR 2010 1 REV C-2009 ALTERNATIVE DISPUTE RESOLUTION PROCESS《替代性纠纷解决方式》.pdf

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1、CHECK THE MASTER LIST at https:/repository.msfc.nasa.gov/directives/directives.htm VERIFY THAT THIS IS THE CORRECT VERSION BEFORE USE MPR 2010.1 REVISION C EFFECTIVE DATE: February 9, 2009 EXPIRATION DATE: February 9, 2014 MARSHALL PROCEDURAL REQUIREMENTS OS01 ALTERNATIVE DISPUTE RESOLUTION PROCESS

2、Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-Marshall Procedural Requirements OS01 MPR 2010.1 Revision: C Alternative Dispute Resolution Process Date: February 9, 2009 Page 2 of 18 CHECK THE MASTER LIST at https:/repository.msfc.nasa.gov/directive

3、s/directives.htm VERIFY THAT THIS IS THE CORRECT VERSION BEFORE USE DOCUMENT HISTORY LOG Status (Baseline/ Revision/ Canceled) Document Revision Effective Date Description Baseline 3/27/00 Revision A 9/15/2004 Changed MPG to NPR and “Marshall Procedures and Guidelines” to “Marshall Procedural Requir

4、ements” throughout document, revised text in sections 2.0 4.0 to use “shall” to state requirements, updated font. Revision B 3/24/2008 Revised 2. Applicability statement to reflect transition of MAF from GOCO to GOGO. Revision C 2/9/2009 Replaced Draft Settlement Agreement and removed paragraph 7 fr

5、om Sample Older Workers Benefits Protection Act Settlement Agreement Form; added paragraphs to comply with requirement of no more than one shall per paragraph. Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-Marshall Procedural Requirements OS01 MPR

6、2010.1 Revision: C Alternative Dispute Resolution Process Date: February 9, 2009 Page 3 of 18 CHECK THE MASTER LIST at https:/repository.msfc.nasa.gov/directives/directives.htm VERIFY THAT THIS IS THE CORRECT VERSION BEFORE USE TABLE OF CONTENTS Preface P.1 Purpose P.2 Applicability P.3 Authority P.

7、4 Applicable Documents P.5 References P.6 Cancellation Document Content 1. Definitions 2. Responsibilities 3. Procedure 4. Records 5. Flow Diagram Appendix A MSFCs Dispute Resolution Process Election Form Appendix B Agreement to Mediate Appendix C Sample General Settlement Agreement Form Appendix D

8、Sample Older Workers Benefits Protection Act (OWBPA) Settlement Agreement Form Appendix E Informal EO Complaint Process Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-Marshall Procedural Requirements OS01 MPR 2010.1 Revision: C Alternative Dispute R

9、esolution Process Date: February 9, 2009 Page 4 of 18 CHECK THE MASTER LIST at https:/repository.msfc.nasa.gov/directives/directives.htm VERIFY THAT THIS IS THE CORRECT VERSION BEFORE USE PREFACE P.1 PURPOSE The Administrative Dispute Resolution Act of 1996; Pub. Law 104-320, states that each agency

10、 shall adopt a policy that addresses the use of alternative means of dispute resolution and case management. The purpose of this Marshall Procedural Requirements (MPR) is to prescribe the procedures for Marshall Space Flight Centers (MSFCs) Alternative Dispute Resolution (ADR) Program for the inform

11、al (pre-complaint) stage of the Equal Opportunity (EO) discrimination complaint process. The MSFC ADR Program is a mediation process designed to resolve allegations of workplace discrimination through the facilitation of a neutral third party. It provides an impartial and independent forum for the p

12、arties to discuss the dispute and develop a realistic assessment of their own as well as the other partys position and alternatives. MSFCs ADR process is designed to ensure fairness for all parties, enforceability of agreements, and adherence to the Equal Employment Opportunity Commission (EEOC) cor

13、e principles as outlined in EEOC Management Directive (MD) 110. The overall objectives of the ADR Program are to promote open communication between disputing parties, reduce costs, and resolve allegation at the lowest possible organizational level at the earliest opportunity. P.2 APPLICABILITY This

14、MPR applies to the personnel, programs, projects, and activities at MSFC and MSFCs Michoud Assembly Facility, including contractors and resident agencies to the extent specified in their respective contracts or agreements. (“Contractors,” for purposes of this paragraph, include contractors, grantees

15、, Cooperative Agreement recipients, Space Act Agreement partners, or other agreement parties.) P.3 AUTHORITY a. The Civil Rights Act of 1964 as amended b. Administrative Dispute Resolution Act of 1996 c. EEOC Regulations at 29 CFR Part 1614 P.4 APPLICABLE DOCUMENTS EEOC Management Directive 110 Prov

16、ided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-Marshall Procedural Requirements OS01 MPR 2010.1 Revision: C Alternative Dispute Resolution Process Date: February 9, 2009 Page 5 of 18 CHECK THE MASTER LIST at https:/repository.msfc.nasa.gov/directives/di

17、rectives.htm VERIFY THAT THIS IS THE CORRECT VERSION BEFORE USE P.5 REFERENCES None P.6 CANCELLATION MPR 2010.1B Dated March 24, 2008 Original signed by David A. King Director Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-Marshall Procedural Requir

18、ements OS01 MPR 2010.1 Revision: C Alternative Dispute Resolution Process Date: February 9, 2009 Page 6 of 18 CHECK THE MASTER LIST at https:/repository.msfc.nasa.gov/directives/directives.htm VERIFY THAT THIS IS THE CORRECT VERSION BEFORE USE DOCUMENT CONTENT 1. DEFINITIONS 1.1 Alternative Dispute

19、Resolution. A process designed to resolve disputes in a manner that avoids the cost, delay, and unpredictability of the traditional adjudicatory process. 1.2 Mediation. A dispute resolution process in which a trained, impartial third party helps two or more parties negotiate a consensual and informe

20、d resolution to disputes based on allegations of discrimination. Mediation emphasizes problem solving rather than a determination of fault or adversarial procedures. 2. RESPONSIBILITIES 2.1 EO Counselors. The EO Counselors shall advise aggrieved persons (the individual alleging discrimination) that,

21、 where the Center agrees to offer ADR in a particular case, they may elect to participate in the Centers ADR program or continue in the traditional EO counseling process. 2.2 EO Officer. The EO Officer shall be responsible for management and administration of the ADR Program including monitoring the

22、 process to ensure compliance with established policies, timeframes, and that terms of settlement agreements are implemented in a timely manner. 2.3 Mediator. The mediator is a trained neutral third party and shall provide guidance and assistance to disputing parties in reaching a resolution agreeme

23、nt that is acceptable, fair, and reasonable. 2.3.1 The primary source of MSFC neutrals shall be the General Services Administration (GSA) government-wide equal opportunity services contract. 2.4 Management Representative. The Management Representative is a senior management official who has been del

24、egated authority by the Center Director to enter into settlement agreements that are binding on the Center/Agency. As such, the Management Representative shall ensure that settlements are fair and reasonable as revealed by the facts developed during the mediation process and agreed to by the disputi

25、ng parties. 2.4.1 Management officials with direct involvement in the dispute shall not serve as the person with settlement authority. 3. PROCEDURE This ADR process addresses disputes covered by Title VII of the Civil Rights Act of 1964, as amended (race, color, sex, religion, national origin, and r

26、eprisal); the Age Discrimination in Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-Marshall Procedural Requirements OS01 MPR 2010.1 Revision: C Alternative Dispute Resolution Process Date: February 9, 2009 Page 7 of 18 CHECK THE MASTER LIST at https

27、:/repository.msfc.nasa.gov/directives/directives.htm VERIFY THAT THIS IS THE CORRECT VERSION BEFORE USE Employment Act (age over 40); the Rehabilitation Act (physical or mental handicap); and the Equal Pay Act (discrimination on the basis of wages based on sex). The process is voluntary for both the

28、 aggrieved individuals and the Center, and settlements are voluntary with no finding of fault on the part of either party. The aggrieved individual is entitled to have a representative during the mediation process. 3.1 During the pre-complaint counseling stage of the process, the EO Counselor shall

29、inform the aggrieved individual of MSFCs voluntary ADR Program and offer the option to participate. 3.1.1 If the aggrieved individual elects to participate in the mediation process and the Center agrees, the individual shall sign the election and agreement forms to mediate (Appendices A and B). 3.1.

30、2 The total time allocated for both counseling and ADR shall not exceed 90 calendar days. Either party may terminate the ADR procedure at any time and return to the EEO process. 3.2 If the aggrieved individual and the Center agree to mediation, the EO Officer shall assign a mediator who is acceptabl

31、e to both parties and designate a management representative who is not directly involved in the case. 3.2.1 The mediator shall be provided a letter of authority to mediate all aspects of the complaint. 3.2.2 The management representative shall be provided a letter of authority granting ultimate auth

32、ority to resolve the complaint. 3.2.3 The EO Officer or Counselor shall brief the management representative on the particulars of the allegations prior to mediation. 3.3 If a settlement is reached during the mediation, the Office of Diversity and Equal Opportunity in conjunction with the Office of C

33、hief Counsel shall reduce the terms of the settlement to writing (samples, Appendices C and D). 3.3.1 The settlement agreement shall be signed by the aggrieved individual, his/her representative, the Director, Office of Human Capital, and other parties as deemed necessary. 3.3.2 In considering resol

34、utions, the Management Representative shall adhere to appropriate laws, regulations, and Agency/Center policies. 3.3.3 The Management Representative shall consult with the EO Officer, Chief Counsel, Human Resources, or other officials as appropriate during the course of the settlement negotiations.

35、Agreements reached through ADR and signed by the appropriate parties are binding on the Agency and enforceable under current EEOC regulations. Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-Marshall Procedural Requirements OS01 MPR 2010.1 Revision:

36、C Alternative Dispute Resolution Process Date: February 9, 2009 Page 8 of 18 CHECK THE MASTER LIST at https:/repository.msfc.nasa.gov/directives/directives.htm VERIFY THAT THIS IS THE CORRECT VERSION BEFORE USE 3.4 All settlement agreements involving age discrimination shall contain the appropriate

37、settlement provisions required by the Older Workers Benefit Protection Act. 3.5 In the event that the parties are unable to reach a resolution, the aggrieved individual shall be referred back to counseling. 3.5.1 The EO Counselor shall issue a notice of final interview and right to file a formal com

38、plaint to the aggrieved individual in accordance with 29 CFR Part 1614. 3.5.2 Nothing said or done during attempts to resolve a complaint through ADR shall be made the subject of an EEO complaint. 3.5.3 Likewise, an agency decision not to engage in ADR, or not to make ADR available for a particular

39、case, or an agency failure to provide a neutral party, shall not be made the subject of an EEO complaint. 3.6 Confidentiality. The mediation proceedings shall be kept “in confidence” except where such disclosure would be permitted or required by law (see NPD 2010.2, Section 1.f, “Alternative Dispute

40、 Resolution.”). 3.7 Criteria for Case Selection. The Center shall consider requests for mediation on a case-by-case basis. 3.8 The Center shall consider not using ADR in the following circumstances: Need for precedent or certainty Anticipation of bad faith When one party mainly seeks delay Public po

41、licy development openness/record needed Options are dictated or limited by law Serious power imbalances exist Linkage to existing litigation If outcome has significant effect on individuals not directly involved in the dispute ADR is an improper substitute for other required action Cases involving a

42、llegations of criminal activity Repeat filers unless all active cases are presented for settlement 3.9 Evaluation. At the conclusion of the mediation initiative, the parties to the mediation shall be requested to complete an evaluation form to assist the Center in evaluating the overall effectivenes

43、s of the ADR Program. 4. RECORDS Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-Marshall Procedural Requirements OS01 MPR 2010.1 Revision: C Alternative Dispute Resolution Process Date: February 9, 2009 Page 9 of 18 CHECK THE MASTER LIST at https:/r

44、epository.msfc.nasa.gov/directives/directives.htm VERIFY THAT THIS IS THE CORRECT VERSION BEFORE USE Since confidentiality considerations shall be maintained throughout the ADR process, there will be no written records of the mediation proceedings maintained. 5. FLOW DIAGRAM See Appendix E. Provided

45、 by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-Marshall Procedural Requirements OS01 MPR 2010.1 Revision: C Alternative Dispute Resolution Process Date: February 9, 2009 Page 10 of 18 CHECK THE MASTER LIST at https:/repository.msfc.nasa.gov/directives/direc

46、tives.htm VERIFY THAT THIS IS THE CORRECT VERSION BEFORE USE APPENDIX A MSFCS DISPUTE RESOLUTION PROCESS ELECTION FORM Dear Aggrieved Individual: Your written consent is required for participation in the voluntary Alternative Dispute Resolution Process (ADRP). The ADRP is limited to sixty (60) days.

47、 If your complaint is not resolved through this process, it shall be processed in accordance with the provisions of Title 29 CFR Part 1614. The MSFC Alternative Dispute Process has been fully explained to me. Yes, I want to participate in the Alternative Dispute Resolution Process. I understand that

48、 by participating in this program, I am not waiving any rights for further processing of my complaint under Title 29 CFR Part 1614. No, I do not want to participate in the Alternative Dispute Resolution Process. _ _ Aggrieved Individuals Signature Date Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-Marshall Procedural Requirements OS01 MPR 2010.1 Revision: C Alternative Dispute Resolution Process Date: February 9, 2009 Page