Actions not Grievable Clause Samples

The "Actions not Grievable" clause defines specific actions or decisions by an employer that cannot be challenged or contested through the grievance procedure outlined in a contract or agreement. Typically, this clause lists certain managerial rights or operational decisions—such as workforce assignments, promotions, or disciplinary actions—that are excluded from the grievance process. By clearly identifying which matters are not subject to grievance, the clause helps prevent disputes over these issues and streamlines conflict resolution by setting boundaries on what can be formally contested.
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Actions not Grievable. Counseling actions (including memoranda of counseling) are not reviewable under the grievance procedure. Evidence of such counseling (including memoranda) shall not be considered in subsequent disciplinary proceedings except to discredit an employee's defense that he was never informed of a job performance or conduct problem at issue, and/or was never informed of the steps to take in order to correct the problem.
Actions not Grievable. Counseling actions (including memoranda of counseling) are not reviewable under the grievance procedure. Evidence of such counseling (including memoranda) shall not be considered in subsequent disciplinary proceedings except to discredit an employee's defense that he/she was never informed of the job performance or conduct problem at issue, and/or was never informed of the necessary steps to correct the problem. Memorandum of Counseling, also known as PI-17s, will expire after a period of twenty- four (24) months from the date of the counseling session and will not be considered an active document after this period.