Our Services Include
Employment Disputes
We assist with a wide range of employment-related issues, including wrongful termination, workplace discrimination, harassment, and wage disputes.
Disciplinary Actions
All employees are eligible to file a grievance concerning the application of disciplinary actions such as discharge, suspension, loss of pay, or benefits. We help you navigate the grievance process to ensure your rights are protected.
Navajo Preference in Employment Act Violations
Employees or applicants who allege a violation of the Navajo Preference in Employment Act can rely on our expertise to advocate for their rights and seek justice.
OHA Representation
Our experienced attorneys represent clients in hearings before the Navajo Nation Office of Hearings and Appeals, ensuring your voice is heard and your rights are protected.
Labor Commission Cases
We provide seasoned advocates for cases before the Navajo Nation Labor Commission, advocating for fair treatment and just outcomes in labor disputes.
Grievance Procedure
Step One
An employee or an applicant for an employment position must file a written grievance with the supervisor who initiated the action within twenty working days of the disciplinary action or alleged violation of the Navajo Preference in Employment Act, with a copy to the Department of Personnel Management. The supervisor must attempt to resolve the problem with the employee or applicant within ten working days after receipt of the grievance.
Step Two
If the supervisor fails to address the grievance or if the employee or applicant disagrees with the decision, the employee or applicant must file a written appeal with the Human Resources Director within ten working days of the completion of Step One. The appeal must include:
- - The name and position of the aggrieved party.
- - The name and position of the supervisor initiating the action.
- - A clear and concise statement of the underlying facts, including the dates and alleged events or conditions which form the basis of the appeal, and the specific harm allegedly sustained by the aggrieved party as a result of the violation.
- - The relief sought by the aggrieved party.
Step Three
Within ten working days of receipt of the appeal, the Department of Personnel Management will convene an Administrative Meeting with the employee or applicant and the supervisor to attempt settlement. If the Department of Personnel Management does not convene the meeting or if the parties do not settle the grievance within the ten working days, then the grievance proceeds to Step Four.
Step Four
If the employee or applicant disagrees with the outcome of the Administrative Meeting, or if no Administrative Meeting was convened, the employee or applicant must file a written grievance appeal with the Department of Personnel Management within fifteen working days of the conclusion of Step Three for immediate transmittal to the Hearing Officer. A filing fee of $25.00 must accompany this appeal. At this point, and not earlier, both parties may be represented by legal counsel.
Step Five
A Hearing Officer of the Office of Hearings and Appeals shall hear grievances under this Section. The Office of Hearings and Appeals’ rules for personnel grievances shall govern the grievance hearing. The Hearing Officer shall have the authority to uphold or reverse the disciplinary action of the supervisor, award back pay to the grievant, and when required, order that the employee’s record be expunged, and may provide any other relief available to the grievant under the Navajo Preference in Employment Act. The Hearing Officer may also consider the appropriateness of the penalty imposed and if circumstances warrant, reduce the penalty. However, in no case shall the Hearing Officer increase the penalty imposed by the supervisor.
