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FOREST SERVICE MANUAL
EATERN REGION (R9)
MILWAUKEE, WI
FSM 6100 – PERSONNEL MANAGEMENT
CHAPTER 70 – PERSONNEL RELATIONS
Supplement No.: R9 RO 6170-2002-2
Effective Date: December 6, 2002
Duration: Effective until superseded or removed
Approved: DONALD L. MEYER
Deputy Regional Forester
Date Approved: 12/6/2002
Posting Instructions: Supplements are numbered consecutively by Title and calendar year.
Post by document name. Remove entire document and replace with this supplement. Retain this
transmittal as the first page of this document. The last supplement to this handbook was 61002002-1, to chapter 80.
New Document(s):
R9 RO 6100-2002-2
5 Pages
Superseded Document(s):
R9 RO 6100-2001-5
5 Pages
Digest: Insert digest information here
6174.11
Designates the Program Leader for Employee and Labor Relations as the Regional
Ethics Advisor.
6174.12
Requires employees filing OGE 450 financial disclosures to use form FS-6100-38 when
requesting approval for outside employment.
R9 RO SUPPLEMENT
EFFECTIVE DATE: 12/6/2002
DURATION: Effective until superseded or removed
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FSM 6100 – PERSONNEL MANAGEMENT
CHAPTER 70 – PERSONNEL RELATIONS
6171 – Labor Management Relations
6171.03 - Policy
Forest Supervisors must:
1. Notify Regional Office, Human Resources (HR) Employee Relations and Labor
Relations Team (ER) within two days after being contacted by a union organizer.
2. Notify Forest employees about the organization effort, their rights and responsibilities
and eligibility status.
3. Request Assistance from RO-HR ER Team to provide information about LaborManagement Relations to supervisors, managers and employees.
4. Assign responsibilities for the conduct of day-to-day Labor-Management Relations
activities to the Personnel Officer.
5. Send the HR ER Team copies of any correspondence received from a union or the
Federal Labor Relations Authority (FLRA).
6. Assist the FLRA in conducting an election.
7. Assign an election observer as required by FLRA.
8. Provide instructions to the observer so he/she may challenge ballots of any ineligible
votes.
9. Notify the ER Team of the election results.
10. Notify ER Team immediately if the union requests negotiations.
11. Provide training (in contract administration) to managers and supervisors.
6172 – Discipline, Adverse Actions and Performance Based Actions
Regional Office, Human Resources ER Team shall make all replies to the Merit Systems
Protection Board (MSPB) resulting from appeals by employees.
All line officers shall contact ER Team immediately regarding any correspondence received
from MSPB. Do not send any information to MSPB unless authorized by ER Team.
6172.03 – Policy
4.Material related to disciplinary actions will be reviewed annually by December 31 by
the appointing office to determine if they should be retained. Records of employees who move
R9 RO SUPPLEMENT
EFFECTIVE DATE: 12/6/2002
DURATION: Effective until superseded or removed
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FSM 6100 – PERSONNEL MANAGEMENT
CHAPTER 70 – PERSONNEL RELATIONS
to a different appointing office shall be reviewed to determine if documents should be
transmitted or destroyed. The appointing officer shall not transmit restricted records that
adversely reflect on an employee’s record or reputation where there is no valid basis for
retention. When in doubt, consult the Regional Employee Relations Officer.
Records shall be destroyed in accordance with FSH 6209.11.
6172.11 - Investigations
Allegations of misconduct by Forest Service employees can be either criminal or administrative
in nature. Allegations may evolve from several sources, including whistle blower and other
forms of annonymous complaints.
The Employee and Labor Relations Team, Regional Office, Human Resources, is responsible for
the overall administration of employee misconduct matters and is responsible for administering
whistle blower complaints, providing an investigative service where an identified need exists,
and when applicable, coordinating with the Regional Special Agent in Charge for criminal cases.
Forests receiving allegations of employee wrongdoing shall forward all relevant information to
ER Team and shall not take any action until told to do so.
Upon receipt of such reports, ER Team shall coordinate with Regional Special Agent In Charge
to ascertain if an investigation is needed, and Regional Special Agent In Charge will make
referrals to the Office of Inspector General (OIG) in accordance with the memorandum of
understanding. (FSM 1549). ER Team shall handle if a formal criminal investigation is not
needed, or the case is purely administrative in nature.
The ER Team shall assign a "Personal Misconduct Investigator" from off-Forest, if the Regional
Special Agent In Charge or OIG declines to exercise jurisdiction when an investigation is
needed. (FSM 5304.2 governs inter-regional details.). The investigator shall work for the ER
Team, and not discuss the case with anyone except the appropriate RO personnel.
See FSH 5309.11 supplement for procedures on investigating and reporting internal cases.
R9 RO SUPPLEMENT
EFFECTIVE DATE: 12/6/2002
DURATION: Effective until superseded or removed
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FSM 6100 – PERSONNEL MANAGEMENT
CHAPTER 70 – PERSONNEL RELATIONS
6173 - Grievances
All employees have the right to grieve a matter of concern or dissatisfaction that is within control
of the Department, including working condition; improper application of rules and regulations;
unfair treatment; coercion; restraint; reprisal; failure of the agency to follow its promotion plan;
letters of reprimand and disciplinary suspensions of 14 calendar days or less; or non-selection for
training opportunities.
Matter subject to final administrative review outside the agency under law of Office of Personnel
Management regulations, and those excluded by negotiated union contracts are not covered by
the grievance system. These include, but are not limited to, reduction-in-force actions,
performance ratings, classification of positions, discrimination complaints, and adverse actions.
6173.03 - Policy
An employee shall present an informal grievance within 15 calendar days of the date of the
grievable act or the date they became aware of the act. The grievance can be submitted orally, in
writing, or both to the immediate supervisor. If there is a valid reason for not taking a grievance
to the immediate supervisor, it may be presented to a supervisory or management official of
higher rank than the employee’s immediate supervisor.
At all times the employees have the right to seek advice from their personnel office regarding the
grievance. Supervisors or other appropriate officials shall take action to resolve the informal
grievance and make a final decision within 20 days of its receipt. An employee must attempt to
resolve the grievance under the informal system before a formal grievance can be accepted
unless the case involves an appeal from a letter of reprimand or a suspension of 14 calendar or
less and the appellant has had an opportunity to present an oral answer. In these case the
informal step can be waived. A formal grievance must be filed with the Chief within 7 calendar
days after completion of action under the informal procedure, except for letters of reprimand and
suspensions, the time limit is 15 calendar days. It must be in writing, contain sufficient detail to
identify and clarify the basis for the grievance, and specify the personal relief requested.
Detailed instructions regarding grievances are contained in DPM Chapter 771.
6174 - EMPLOYEE RESPONSIBILITIES AND CONDUCT, SUITABILITY, AND
SECURITY
6174.04 - RESPONSIBILITY
6174.04a - Managers and Supervisors
Managers and supervisors must immediately notify the Regional Witness Coordinator, through
appropriate channels, if an employee is subpoenaed or requested to appear as a witness about
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EFFECTIVE DATE: 12/6/2002
DURATION: Effective until superseded or removed
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FSM 6100 – PERSONNEL MANAGEMENT
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official business. Regional Witness Coordinator shall obtain advice from the Office of General
Counsel and notify the employee and supervisor whether or not the employee should testify.
6174.04d - Employees
Employees must report to their supervisor if he/she is subpoenaed or requested to appear as a
witness about official business. The employee must not appear as a witness without Regional
Forester approval.
6174.11 – Conflict of Interest
2. Field Offices
The Program Leader for Employee and Labor Relations is designated the Regional Ethics
Advisor.
6174.12 - Outside Employment
Employees filing financial disclosure statements (OGE 450) must request approval in writing
using form FS-6100-38. Upon receipt of Form FS-6100-38, the Regional Ethics Advisor will
provide approval or denial in writing. A copy of this approval or denial will also be placed in the
employee’s confidential 450 file.
6174.13 – Ownership of lands
Employees need approval to own land or homes in towns enclosed by or adjacent to National
Forest boundaries. The Forest Supervisors or Regional Ethics Advisor may approve.