Frequently Asked Questions
What does the Office of the Independent Monitor (OIM) do?
Answer:
The Office of the Independent Monitor was established as part of the company’s Compliance Monitoring Program to insure that the company’s managers and supervisors are abiding by the company’s FOA Policy. The OIM will investigate properly filed complaints that allege violations of the FOA Policy. The Independent Monitor will issue a final report with his findings and recommendations for resolving any FOA Policy violations.
What is the Independent Monitor complaint process?
Answer:
You can submit a complaint to the Independent Monitor by submitting a fully completed and signed Complaint Form to the Office of the Independent Monitor or by completing the information requested on the “Submit a Complaint” page of this website and clicking Submit. You must file your Complaint with the OIM within 60 days of the alleged violation. You can obtain a Complaint Form on this website, by contacting the OIM, or by contacting your location manager.
Once the OIM receives the complaint, the OIM will review whether the allegations are within the scope of the program. If so, the OIM will assign an investigator to the case. The investigator will contact the complaining party to gather information about the allegations and will schedule an in-person interview with the complaining party and other relevant witnesses. The investigator will also contact the relevant location manager to schedule a visit to the facility and interviews of other relevant parties.
After conducting the investigation, the investigator will report back to the Independent Monitor who will issue a final report and recommendations to the complaining party and the company. The company will then strive to implement or address the Independent Monitor’s recommendations within 30 days of receiving the Independent Monitor’s report.
How does filing a Complaint with the Office of the Independent Monitor affect my right to file an unfair labor practice charge with the National Labor Relations Board?
Answer:
Filing a Complaint with the Office of the Independent Monitor does not affect an individual’s right to file an unfair labor practice charge with the National Labor Relations Board or to complain to any other public agency.
When will the Independent Monitor issue a report on my complaint?
Answer:
The Independent Monitor will strive to report his findings and recommendations to FirstGroup and the complaining party no later than thirty days from receipt of a timely-filed Complaint.
Do I need to file a Complaint Form to have the Independent Monitor investigate an alleged violation of the FOA Policy?
Answer:
Yes. The Office of the Independent Monitor will begin a formal investigation of alleged violations of the FOA Policy only after receiving a completed and timely-filed Complaint. Complaint Forms are available on the “Documents” page of this website. You can also submit a Complaint electronically by completing the information requested on the “Submit a Complaint” page of this website and clicking Submit.
Can I be disciplined or discharged for filing a complaint with the Office of the Independent Monitor or participating in an investigation?
Answer:
FirstGroup America has stated that management will refrain from retaliatory action against any employee (such as discipline, dismissal, or other discrimination) for filing a complaint with the Office of the Independent Monitor or providing information to the observers or the OIM in connection with the Compliance Monitoring Program.
Nevertheless, if you are afraid of being retaliated against for filing a complaint, you may submit a complaint anonymously. However, if you do not provide your identity, it may be impossible for the OIM to investigate your complaint. When you submit a complaint anonymously, a member of the Independent Monitor Team will contact you to determine what kind of an investigation the OIM can conduct.
What is the difference between the company’s independent observers and the Independent Monitor?
Answer:
The independent observers oversee the union election process. One of the observers may visit a FirstGroup America facility on the days immediately before a union election to observe if FirstGroup’s FOA Policy is being followed. The observers may interview employees confidentially and prepare a report for FirstGroup, PLC in the United Kingdom.
The Independent Monitor is William B. Gould IV, who is assisted in his role by a team of investigators. Employees must file a complaint with his office before his office will investigate alleged FOA Policy violations. After the investigation, Mr. Gould’s office will transmit his final report and recommendations to the complaining party and the company.
Who can file a complaint with the Office of the Independent Monitor?
Answer:
A complaint may be filed by an employee of a FirstGroup America company, a representative of an employee, or a representative of a labor union that represents or is seeking to represent employees of FirstGroup America.
If you have any other questions, please contact the Office of the Independent Monitor.