Rules & Regulations

The Library of Congress (Library) submits the following comments to the Office of Congressional Workplace Rights (OCWR) in response to the Notice of Proposed Rulemaking published in the Congressional Record on April 9, 2019. Thank you for the opportunity to review and provide comments to the proposed rules.

Library Specific Comments

Section 4.04(d) Election of Remedies for Library of Congress Employees

Section 4.04 (d) of the proposed rules is inconsistent with section 401(d)(2) of the Congressional Accountability Act of 1995 Reform Act (CAA) (2 USC S 1401(dX2)). Section 4.04(d) states that a Library claimant who initially files a claim with OCWR may “at any time within 10 days after a Preliminary Hearing Officer submits the report on the preliminary review of the claim” elect to bring the claim before the Library (emphasis added). However, the CAA states that a Library claimant who initially files a claim with OCWR may “at any time before the date that is 10 days after a hearing officer submits the report on the preliminary review of the claim” elect to bring the claim before the Library (emphasis added).

The rules limit the time period a Library claimant can switch from OCWR to the Library’s process. Under the rules, a Library claimant can elect to switch to the Library’s process only after the preliminary review report is submitted. The rules should be corrected to be consistent with the language in the CAA and clarify that a Library claimant, who initiates a claim in OCWR, can switch to the Library’s process at any time until 10 days after the preliminary review report is submitted

Section 4.06(d) Special Rule for Architect of the Capitol, Capitol Police and Library of Congress Employees.

Section 4.06(d) of the proposed rules is inconsistent with section 401(c) of the CAA (2 USC S 1401(c)). Section 4.06(d) of the proposed rules contains a special rule for Architect of the Capitol, Capitol Police, and Library employees. The rule states that OCWR’s Executive Director may recommend that a claimant use “the grievance procedures referenced in any Memorandum of Understanding between the Office and the Architect of the Capitol, the Capitol Police, or the Library of Congress.” However, in the CAA, this Special Rule applies only to the Architect of the Capitol and Capitol Police, not to the Library. ln addition, the CAA does not require, and the Library does not have a memorandum of understanding with OCWR concerning grievance procedures. The rules should be amended to be consistent with the language of the CAA