Rules & Regulations of the State of Tennessee
Title 0800 - Labor and Workforce Development
Subtitle 0800-01 - Occupational Safety and Health
Chapter 0800-01-08 - Discrimination Against Employees Exercising Rights Under the Occupational Safety and Health Act of 1972
Section 0800-01-08-.08 - ARBITRATION OR OTHER AGENCY PROCEEDINGS

(1) Any employee who files a complaint pursuant to T.C.A. § 50-3-409 may also pursue remedies under grievance arbitration proceedings in collective bargaining agreement or may concurrently resort to other state or federal agencies for relief such as the Department of Employment Security, National Labor Relations Board, Equal Employment Opportunity Commission, Wage and Hour Administration, etc. The Commissioner's jurisdiction to entertain T.C.A. § 50-3-409 complaints, to investigate and to determine whether discrimination has occurred, is independent to the jurisdiction of other agencies or bodies. The Commissioner may file in the appropriate chancery court regardless of the pendency of other proceedings. However, the Commissioner also recognizes the policy of favoring voluntary resolution of disputes under procedures in collective bargaining agreements. By the same token, due deference should be paid to the jurisdiction of other forums established to resolve disputes which may also be related to T.C.A. § 50-3-409. Where a complainant is in fact pursuing remedies other than those provided by T.C.A. § 50-3-409, postponement of the Commissioner's determination and deferral to the results of such proceedings may be in order.

(2) Postponement of determination. Postponement of determination would be justified where the rights asserted in other proceedings are substantially the same as rights under T.C.A. § 50-3-409 and those proceedings are not likely to violate the rights guaranteed by T.C.A. § 50-3-409. The factual issues in such proceedings must be substantially the same as those raised by the complaint filed pursuant to T.C.A. § 50-3-409, and the forum hearing the matter must have the power to determine the ultimate issue of discrimination.

(3) Deferral to outcome of other proceedings. A determination to defer to the outcome of other proceedings initiated by a complainant must necessarily be made on a case-by-case basis after careful scrutiny of all available information. Before deferring to the results of other proceedings, it must be clear that those proceedings dealt adequately with all factual issues, that the proceedings were fair, regular and free of procedural infirmities, and that the outcome of the proceedings was not repugnant to the purpose and policy of the Act. In this regard, if such other actions initiated by a complainant are dismissed without adjudicatory hearing thereof, such dismissal will not ordinarily be regarded as determinative of the complaint filed pursuant to T.C.A. § 50-3-409.