Negotiated Grievance Procedure. The PARTIES agree that this Article establishes the exclusive procedure available to unit employees and the PARTIES for the processing and settlement of grievances that fall within its scope, including questions of grievability and arbitrability. The PARTIES recognize and endorse the importance of bringing to light and resolving grievances in a prompt manner. Normally the expeditious settlement of grievances at the lowest possible level is in the best interest of the PARTIES.
Negotiated Grievance Procedure. In matters where no new or additional arguments are being raised through the grievance that were not previously considered by the reconsideration official, the grievance may proceed directly to step 2 of the grievance process.
Negotiated Grievance Procedure. SECTION A: This article provides the sole negotiated grievance procedure for the processing of Management, Union, and employee grievances as required by the Federal Service Labor Management Relations Statute. This procedure will be the exclusive avenue available to the Union, Management and the employees in the bargaining unit for resolving grievances, except as provided in Section B of this article. Portions of this procedure may be used to attempt resolution of unfair labor practices (ULP’s) as per this Agreement. All time limits in this article may be extended by mutual consent, in writing. All time limits in this article refer to “work days”.
1. The success of their relationship depends on a spirit of cooperation. Grievances and ULP’s do occur and should not be viewed as personal attacks on supervisors or other managers and should be addressed with a goal of maintaining a harmonious work environment.
2. The filing of a grievance or ULP will not reflect unfavorably on an employee's good standing, an employee's performance, or his/ her loyalty to the organization.
3. Most grievances and ULP’s arise from misunderstandings or disputes that can be settled promptly and satisfactorily on an informal basis. Management and the Union agree that every effort will be made to settle grievances at the lowest possible level.
4. Management and the Union will discourage the processing of frivolous grievances or ULP’s.
Negotiated Grievance Procedure. Section 1. The term grievance shall be defined as in Title VII, PL 95-454, Subchapter I, Section 7103, and as defined in Article 3 of this agreement, as follows. A grievance is defined as any complaint:
A. By a unit employee concerning any matter relating to the employment of the employee;
B. By the Union concerning any matter relating to employment of unit employees; or
C. By any unit employee, the Union, or the Employer concerning:
(1) The effect or interpretation, or a claim of breach of this agreement; or
(2) Any claimed violation, misinterpretation, or misapplication of any law, rule, or regulation affecting conditions of employment.
Section 2. The Employer and the Union recognize and endorse the importance of bringing to light and resolving grievances in a prompt manner. The parties agree that the expeditious settlement of grievances at the lowest possible level is in the best interest of the government service. This procedure is designed to provide an ethical, orderly, and equitable means for resolving grievances.
Section 3. Unit employees covered by this agreement may present a grievance which may be adjusted with or without Union representation at the grievant’s discretion. However, the Union shall have the right to have its representative present at the adjustment. This right to individual presentation does not include the right to take the matter to arbitration, unless the Union agrees to do so.
Section 4. This negotiated grievance procedure is the sole procedure available to unit employees for resolving covered matters.
Section 5. A unit employee may be represented by the Union or may handle his own grievance; however, the Union will be given the opportunity to be represented at all formal discussions between management officials of the Employer and employee concerning such grievances and, at the appropriate time, to make the Union’s views known. The Union’s right to have a representative present does not extend to informal discussions between an employee and a supervisor. However, if such discussions lead to consideration of possible modifications of personnel policies or other matters to which the Union is entitled to be a party, decisions on such matters will not be made by management officials of the Employer until the Union representative is given the opportunity to participate in the discussion. Such decisions will not conflict with the Agreement.
Section 6. The following are excluded from coverage of this grievance procedure:
A. A claime...
Negotiated Grievance Procedure. Section 1. This Article provides the exclusive procedure for the settlement of employee, Employer and Union grievances. A grievance means any complaint:
a. By any employee concerning any matter relating to the employment of the employee;
b. By the Union concerning any matter relating to the employment of the employee;
c. By the employee, the Union or the Employer concerning:
(1) the effect or interpretation or a claim of breach of this AGREEMENT;
(2) any claimed violations, misinterpretation or misapplication of any law, rule or regulation affecting conditions of employment.
Section 2. Only the following types of actions are specifically excluded from the provisions of Articles 7 and 9. Matters thus excluded may be subject to administrative and/or statutory appeals and should be addressed to the appropriate authority for resolution as provided for in Federal Personnel, SUBMEPP and applicable , Code of Federal Regulations and Title 5 of the United States Code:
a. Any claimed violation of Subchapter III of Chapter 73 of Title 5 of the United States Code (relating to political activities);
b. Retirement, life insurance, or health insurance;
c. A suspension or removal under Section 7532 of Title 5 of the United States Code;
d. Any examination, certification, or appointment;
e. The classification of any position which does not result in the reduction in grade or pay of an employee;
f. Termination of a temporary employee;
g. Oral admonishment or reprimand, letters of caution and letters of requirement;
h. Substance of performance elements and standards;
i. An allegation or complaint of discrimination reviewable under Part 713 of OPM regulations;
j. Separation of probationers;
k. Reduction-in-force;
l. The filling of non-unit positions.
Section 3. Grievances concerning removals, reductions in grade or pay, suspensions of fourteen (14) calendar days or more, or furloughs of thirty (30) days or less will be processed under Section 4. Grievances concerning letters of reprimand and suspensions of fourteen (14) days or less, will begin with Step 2 of Section 6.
Section 4. The Employer and the Union agree that at the option of the employee, he/she may elect to appeal a removal, reduction in grade or pay, suspension of more than fourteen (14) calendar days or furlough of thirty (30) days or less either to the Merit Systems Protection Board or, may grieve the action through the negotiated grievance procedure, but not both. Should an employee elect to grieve the adverse a...
Negotiated Grievance Procedure. An employee may only elect one avenue of redress, either MSPB appeal or negotiated grievance, but not both;
Negotiated Grievance Procedure. Classification
Negotiated Grievance Procedure. Section 1. The PARTIES agree that this Article establishes the exclusive procedure available to unit employees and the PARTIES for the processing and settlement of grievances that fall within its scope, including questions of grievability and arbitrability. The PARTIES recognize and endorse the importance of bringing to light and resolving grievances in a prompt manner. Normally the expeditious settlement of grievances at the lowest possible level is in the best interest of the PARTIES.
Section 2. A grievance means any complaint:
a. by any employee concerning any matter relating to the employment of the employee;
b. by the UNION concerning any matter relating to the employment of any employee; or
c. by the UNION, or the EMPLOYER concerning:
1. The effect or interpretation, or claim of breach of this Agreement; or
2. Any claimed violation, misinterpretation, or misapplication of law, rule or regulation affecting conditions of employment.
Negotiated Grievance Procedure. Section 1. The Parties agree that this Article establishes the sole and exclusive procedure available to bargaining unit employees and the Parties for processing and settlement of grievances that fall within its coverage, including questions of grievability and arbitrability. The Parties recognize and endorse the importance of bringing to light and resolving grievances in a prompt manner. The Parties agree that the expeditious resolution of grievances is in the public interest. Inasmuch as dissatisfactions and disagreements arise occasionally among people in any work situation, the filing of a grievance shall not be construed as reflecting unfavorably on an employee’s good standing, performance, loyalty, or desirability.
Negotiated Grievance Procedure. The purpose of this article is to provide a mutually acceptable method for settlement of grievances. This is the exclusive negotiated grievance procedure available to the Employer, the Union, and employees in the bargaining unit for resolving grievances.
