EEO Complaints. Any grievance which in any way affects the implementation of the City's Equal Employment Opportunity Policy shall not be subject to arbitration. The decision as to whether or not implementation of the Equal Employment Opportunity Policy is in any way involved shall be made by the City Manager in his or her sole discretion. If, in his or her judgment, any grievance which involves the Equal Employment Opportunity Policy, the Equal Employment Opportunity and Diversity Officer shall notify the Union to that effect in writing within seven (7) days of the date upon which the grievance is received in the Human Resources Department and, in such notification, refer to that Section of the Equal Employment Opportunity Complaint Investigation & Resolution Procedure which is involved; provided, however, that such notice may come at any time prior to arbitration if additional factors come to the attention of the Equal Employment Opportunity and Diversity Officer on the basis of which he or she considers it appropriate to change his or her original determination.
EEO Complaints. 1. The processing of any grievance regarding an issue or fact situation which is also the subject of a formal EEO complaint shall be deferred until a final agency (USPS) decision or decision on appeal therefrom is rendered on the EEO complaint. The disposition of any allegation of discrimination in such proceeding shall be dispositive and binding on the same or sim- ilar issues presented in the deferred grievance. Management’s Step 2 representative will provide written notification to the appropriate state xxxxxxx that an EEO complaint has also been filed. In the event the grievance has been appealed to Step 3 or Step 4, management’s Step 3 or Step 4 representa- tive will provide the same written notice to the union representative at the step involved. Upon final disposition of the EEO complaint, only those contractual issues which are separate and dis- tinct from the discrimination issue may be reactivated in the grievance process at the same Step at which the grievance was deferred. The grievance will be reactivated by immediate scheduling for discussion at the step of the grievance procedure which the grievance had reached when deferred or, if applic- able, will be moved to the head of the arbitration docket. Notwithstanding the foregoing, within fifteen (15) days after the filing of an EEO complaint, either party may notify the other that an otherwise deferrable grievance should continue to be processed where such grievance involves a removal action. Should the Union decline to continue to process a removal action after notification, such grievance shall be considered closed upon the expi- ration of the appropriate time limits for appeal or fif- teen (15) days, whichever is longer.
EEO Complaints. A. A bargaining unit employee may file either an EEO complaint or a grievance under the Negotiated Grievance Procedure, but not both. An employee filing a formal EEO complaint under the Agency’s procedure is entitled to a representative of personal choice subject to Agency policies and regulations. An employee filing a grievance under the Negotiated Grievance Procedure may be represented only by an authorized Union representative.
B. An employee shall be deemed to have exercised their option in filing an EEO complaint at such time as the employee timely initiates a formal written EEO complaint/notice of appeal under the statutory procedures or timely files a Step 1 grievance in accordance with the Grievance Article.
EEO Complaints. 1. The processing of any grievance regarding an issue or fact situation which is also the subject of a formal EEO complaint shall be deferred until a final agency (USPS) decision or decision on appeal therefrom is rendered on the EEO complaint. The disposition of any allegation of discrimination in such proceeding shall be disposi- tive and binding on the same or similar issues pre- sented in the deferred grievance. Management’s Step 2 representative will provide written notification to the appropriate district representative that an EEO com- plaint has also been filed. In the event the grievance has been appealed to Step 3 or Step 4, management’s Step 3 or Step 4 representative will provide the same written notice to the Union representative at the step involved. Upon final disposition of the EEO complaint, only those contractual issues which are separate and distinct from the discrimination issue may be reactivated in the
EEO Complaints. In compliance with the Statute, an employee may elect to either appeal the following actions to the Merit Systems Protection Board (MSPB) under the procedures prescribed by the MSPB, or to pursue the matter through the grievance/arbitration system, but not both. The election, once made, is final:
EEO Complaints. 1. The processing of any grievance regarding an issue or fact situation which is also the subject of a formal EEO complaint shall be deferred until a final agency (USPS) decision or decision on appeal there from is rendered on the EEO complaint. The disposition of any allegation of discrimination in such proceeding shall be dispositive and binding on the same or similar issues presented in the deferred grievance. Management’s Step 2 representative will provide written notification to the appropriate district representative that an EEO complaint has also been filed. In the event the griev- ance has been appealed to Step 3 or Step 4, management’s Step 3 or Step 4 representative will pro- vide the same written notice to the Union representa- tive at the step involved. Upon final disposition of the EEO complaint, only those contractual issues which are separate and distinct from the discrimination issue may be reactivated in the grievance process at the same Step at which the grievance was deferred. The grievance will be reactivated by immediate scheduling for discussion at the step of the grievance procedure which the grievance
EEO Complaints. A. Any technician or employee who seeks advice, wishes to file or has filed an EEO complaint shall be free from coercion, interference, dissuasion or reprisal due to the complaint.
B. Discrimination complaints must be initiated within forty-five (45) days of the date the incident or the date when the technician or employee became aware of the incident. Technicians or employees seeking assistance will be advised by the Agency’s State Equal Employment Manager (SEEM) concerning the procedures involved in processing an EEO complaint.
C. A technician or employee is entitled to designate a personal representative, which may include a Union representative, while processing an EEO complaint. A technician or employee’s representative who has been designated in writing in an EEO complaint will have the same access to information as the complainant. Documents provided may of necessity have to be redacted to observe privacy rights of other technicians or employees.
D. Any technician or employee who believes that he or she has been discriminated against on the grounds set forth in this Article, may file any one of the following at his or her option:
1. An informal or formal complaint of discrimination with the Agency’s EEO Office in accordance with 29 CFR, Part 1614 Federal Sector Equal Employment Opportunity & Equal Employment Opportunity Management Directive for 29 CFR Part 1614 (EEO-MD-110), the Ohio National Guard Discrimination Complaint System;
2. A grievance pursuant to the provisions of the Grievance Procedures Article of this Agreement; or
3. An appeal to the Merit Systems Protection Board (MSPB) where an action is otherwise appealable to the Board and the technician or employee alleges that the basis for the action were federally identified factors for discrimination, reprisal or retaliation. The Agency reserves the right to assert all appropriate defenses before the MSPB.
E. A technician or employee shall be deemed to have exercised his or her option under this section at such time as the technician or employee timely files either a formal complaint of discrimination, an MSPB appeal, or a grievance in writing in accordance with the provisions of this Agreement.
F. The selection of the negotiated grievance procedure contained in this Agreement to process a complaint of discrimination shall in no manner prejudice the right of an aggrieved technician or employee to request the MSPB to review the final decision in the case of any personnel action that could have...
EEO Complaints. An employee filing an EEO complaint has a choice of one of the following options:
a. Union Procedure: Grieve through the negotiated grievance procedure, with option for arbitration prior to EEOC review.
b. Agency Procedure: Equal Employment Opportunity (EEO) Office, Department of Defense Office of Complaints Investigation (DODOCI), Equal Employment Opportunity Commission (EEOC) review.
EEO Complaints. Employees may grieve an act of discrimination in employment under the negotiated grievance provisions or through the agencies EEO program under Equal Employment Opportunity Commission (EEOC) rules by filing an EEO complaint, but not both.
EEO Complaints. Neither party shall coerce, restrain, interfere with, or take reprisal against any employee in the processing or presentation of his or her discrimination complaint. The parties further agree that a unit employee, in pursuing his or her complaint, may proceed without representation, or may designate a representative of the complainant’s own choosing. Any unit employee seeking to file a complaint is herein advised of the right to a representative of his or her choice. An employee representative chosen by the complainant is entitled to a reasonable amount of official time only for such purposes as provided by the appropriate EEO laws, rules, and regulations.
