Rules & Regulations

Dear Ms. Grundmann:

The Office of Congressional Workplace Rights, Legislative Branch, posted for public comment on April 9, 2019, its Proposed Procedural Rules of the Office of Congressional Workplace Rights as Amended June 2019 (herein referenced by section as “Proposed Procedural Rule” or “Proposed Rule”). The Proposed Procedural Rules set forth processes and timetables that will govern the dispute resolution process under the Congressional Accountability Act of 1995 (CAA). The revision of the OCWR’s procedural rules follows the substantial amendments to the CAA by the CAA Reform Act in December 2018.

The following comments are submitted before finalization of the Proposed Procedural Rules and their publication in the Congressional Record. We appreciate this opportunity to comment.

Comments

1.02 Definitions

Section 1.02fe) currently reads:

(e) Claim Form.— The term “claim form” means the written pleading an individual files to initiate proceedings with the Office of Congressional Workplace Rights that describes the facts and law supporting the alleged violation of part A of title II of the Act, which includes sections 102(c) and 201-207 of the Act. The “claim form” also may be referred to as the “documented claim.”

Suggested revision:

(e) Claim Form.— The term “claim form” means the written pleading filed by an individual, or his or her designated representative, to initiate proceedings with the Office of Congressional Workplace Rights that describes the facts and law supporting the alleged violation of part A of title II of the Act, which includes sections 102(c) and 201- 207 of the Act. The “claim form” also may be referred to as the “documented claim.”

Comment:

We suggest that § 1.02(e) be revised as set forth above for clarity, because individuals may have outside legal counsel, another designated representative filing a claim on their behalf or, in the case of the House of Representatives, counsel from the Office of Employee Advocacy.