Consistent with 5 U. S.C. 71, the Employer will not communicate directly with employees regarding conditions of employment in a manner which will improperly bypass the Union under law.
Consistent with 5 U. S.C. 71 and this Agreement, union representatives will be granted union time, subject to availability and as described below for only the following representational activities. Negotiations (limited to Term Negotiations) – to prepare for and negotiate a collective bargaining agreement, in accordance with 5 U.S.C 7131(a). Union representatives will use Transaction code 35.
Consistent with 5 U. S.C § 7121, binding arbitration will be added as a final step in the grievance procedure. A request for binding arbitration will be made in writing to the other party within twenty-one (21) calendar days after receipt of the Step 3 final decision.
Consistent with 5 U. S.C. § 7121(b)(2)(A), if a grievance alleges a prohibited personnel practice, an arbitrator may order a stay of the personnel action in a manner similar to the manner described in 5 U.S.C. § 1221(c) with respect to the Merit Systems Protection Board; and the taking, by the Office, of any disciplinary action identified under section 1215(a)(3) that is otherwise within the authority of the Office to take. The following steps constitute the required steps for processing grievances:
A. First Step
1. The grievance must be reduced to writing and submitted to the lowest level supervisor with authority to resolve the grievance (usually the employee’s immediate supervisor) and to the Office’s Chief of the Labor Relations Division’s electronic email address (xxxxxxxxxxx@xxxxx.xxx or successor email which the Office will provide).
2. If the Grievant files a FOIA or information request simultaneously with the grievance and the information is received before a hearing occurs or a decision is rendered, the Grievant, at their request, will be granted a five (5) working day extension to amend the grievance. However, such amendment must be based upon the information received.
3. If the Union files an information request at least ten (10) weekdays prior to the deadline for filing a grievance, the Union or Grievant may simultaneously request that the grievance filing deadline be tolled. The tolling request must identify the event or action prompting the anticipated grievance. The Office will respond to the tolling request no later than five (5) weekdays prior to the grievance filing deadline. If the Office grants the tolling request, the grievance filing deadline shall be tolled until five (5) weekdays after either the information is provided (if the Office agrees to provide requested information) or the Office denies the information request in writing.
4. The written grievance shall be submitted within thirty (30) calendar days after the event or action prompting the grievance, or the date the Grievant became aware of, or should have become aware of, the event or action.
5. The supervisor with authority to resolve the grievance shall render a written decision within thirty (30) calendar days. If the management official to whom the grievance is submitted is the inappropriate management official, the Office shall redirect the grievance to the Division Chief of the Labor Relations Division (LR) within five (5) weekdays. LR will consult with the appropriate official(s) and shal...
