Grievances

Grievance Procedures

Preface

The NARI National Grievance Procedure was developed and recommended by the Bylaws/Ethics Committee of NARI National with assistance from staff and Legal Counsel. The new procedure was adopted by the Executive Committee of National at its meeting on April 12, 2007. This procedure replaces the former procedure. Complaints submitted to NARI National against members under its purview after April 12, 2007 will be handled in accordance with that procedure.

Overview

The core purpose of the National Association of the Remodeling Industry (NARI National) is to advance and promote the remodeling industry’s professionalism, product and vital public purpose. As a core value, NARI National is committed to being professional, ethical, honest, and committed to high standards. NARI National is governed by its Bylaws that represent an agreement between the organization and its members. In addition, NARI National has a Code of Ethics and Standards of Practice to which its members voluntarily subscribe. This Grievance Procedure was established to assist NARI National and its members uphold the integrity of its Bylaws, Code of Ethics, and Standards of Practice.

Purview

NARI National has chapters nationwide. As separate legal entities, NARI Chapters may have Grievance Procedures that are different from these procedures. As a member of NARI National, a NARI Chapter or consumer who considers filing a complaint against a NARI member should determine whether that member is a Chapter Member, a Member-at-Large or a National Member. NARI National can assist in making this determination.

  1. Chapter Members
    Members who are classified as Chapter Members will be subject to the Grievance Procedure established by their respective chapter.
  2. Members-at-Large and National Members
    Members who are classified as Members-at-Large (outside the geographic boundary of a NARI Chapter) or a National Member (supplier, distributor, manufacturer) will be subject to the Grievance Procedure established by NARI National.

Scope of Austin NARI Grievance Procedure

The Grievance Procedure is intended to apply to complaints brought against members of the Austin NARI Chapter that is parties other than NARI National members. Nothing herein shall limit the powers of the Board of Directors to take disciplinary action against members for cause. All attempts should be made for the Complaining Party and the Responding Party to resolve the issues between them; however, Austin NARI will not participate in those attempts as the Grievance Committee does not serve a mediation role. The Grievance Committee has no enforcement authority. The only actions the Grievance Committee can take are to recommend the suspension or revocation of membership and/or to inform the Responding Party of any violations of the organization’s Code of Ethics or Standards of Practice. Austin NARI has no enforcement authority outside suspension or revocation of membership from the organization.

If a member has a complaint filed against them during a given year, then their membership must be reviewed by the Membership Committee before their renewal can be accepted for the following year.

Step One of the Procedure: Submission of a Complaint

The Complaint must:

  • Be clearly, concisely documented and typed:
  • Specify the provisions of the Bylaws, Code of Ethics, Standards of Practices and/or unlawful practice alleged to have been breached;
  • Include all pertinent details (date, time, place, individuals involved with contact information and supporting documentation);
  • Disclose the relationship of the Complaining Party to the Member;
  • Be signed;
  • Be forwarded to:
    Austin NARI, PO Box 9964, Austin, TX 78766

Improper or incomplete submissions may be returned and/or delayed.

Receipt of the Complaint will be acknowledged by the Executive Director and/or the Grievance Committee and a copy of the Grievance Procedures will be forwarded to the Complaining Party.

Step Two of the Procedure: Response to the Complaint

A copy of the Complaint will be forwarded to the Member, along with a copy of the Grievance Procedures. The member is required to respond in writing to the Complaint by forwarding its Response to the Complaining Party within thirty (30) days of the date the Complaint was sent to Austin NARI. The Response must clearly address the allegations in details and provide appropriate supporting documentation when necessary. A copy of the Response must be submitted to Austin NARI and be addressed as outlined in Step One for preparation and submission of a Complaint.

Step Three: Grievance Committee Review

Upon receipt of the Complaint and Response, the Grievance Committee will review the documentation provided. The Committee may recommend a course of action for the parties involved, may dismiss the case, may make a recommendation to the Board regarding disciplinary action (see Step Four), or may request the Parties seek further action with an additional outside third-party (e.g. state licensing or registration body, Consumer Affairs Bureau, civil court, mediator, etc.) The recommendation of the Committee will be conveyed to the Parties in writing, within thirty (30) days of the date of the Response. If no response is received, it will be conveyed within forty-five (45) days of the date of the Complaint.

If third-party intervention is not recommended, the Committee will archive a record of its recommendation and of the Complaint. If disciplinary action is recommended against the Responding Party, such recommendation will be made to the Board, and if action is taken, such action will be made part of the archived record.

Step Four: Action Recommended by the Committee

In the event the Committee recommends the Parties seek further action by appropriate outside third parties, the Complaint may remain open for further consideration until such time as the third party takes action, makes a recommendation that is conveyed to the Committee by reliable means, or there is a final determination in a court of law. If third party action is instigated, the Responding Party is required to notify the Committee of the outcome. This does not require disclosure of any settlement terms in violation of a confidentiality provision, only that a resolution has been reached and the matter is closed.

The Committee may determine that action by Austin NARI is warranted, including, but not limited to suspension or revocation of membership. If such determination is made, a recommendation will be made to the Board of Directors of Austin NARI. The Board will consider the recommendation and make its decision. The Parties will be notified in writing of the decision and a record of the matter will be archived.

Step Five: Appeal

The decision made by the Board of Directors of Austin NARI may be appealed to NARI National within ten (10) days of the date the decision was sent to the Parties.