Common use of Other Exclusions Clause in Contracts

Other Exclusions. Grievances on the following matters are also excluded by this Agreement: (1) Written notice of proposed action; (2) Letters of counseling/warning/instruction; (3) Performance progress reviews; (4) Performance improvement plan; (5) A management decision to make or terminate a temporary promotion, detail or reassignment; (6) The adoption or non-adoption of a suggestion; (7) The receipt or non-receipt of an honorary or cash award; (8) The non-renewal or non-extension of a temporary employee, termination of a temporary appointment due to reduction in force or any other termination of the appointment of a temporary employee; (9) Separation of a term, trial or excepted service employee; (10) Non-selection for promotion; (11) Removal of a probationary employee during probationary period; (12) Removal of an employee pursuant to Title 5, U.S.C., Chapter 75, and the implementing regulations at Part 752 of Title 5, Code of Federal Regulations (C.F.R.); (13) Removal of an employee pursuant to Title 5, U.S.C., Chapter 43; (14) The content of published Agency-wide policy, except where it conflicts with this Agreement, law, or governmentwide regulations; (15) Adverse personnel action (as enumerated in Section 7512 of Chapter 75 of Title 5, United States Code) taken against probationary, temporary or excepted service employees, except where appeal rights to the Merit Systems Protection Board exist under Chapter 75 or 43 of Title 5, U.S.C.; (16) Adjudication of claims the jurisdiction over which is reserved by Statute and/or regulation to another department, such as, but not limited to, Department of Labor determinations on workers compensation; (17) Claims alleging violations of the Fair Labor Standards Act, 29 U.S.C. §§ 201 et. seq. (18) Actions taken by the Agency required by lawful court orders (e.g., garnishment of wages for indebtedness or child support) or actions that can be adjudicated in an alternate venue, (e.g., overpayment actions) which can be adjudicated through the Agency’s Office of Hearing and Appeals; (19) Reduction in Force (RIF) actions; (20) Actions taken by the Agency during an emergency, including emergency furloughs; (21) Decisions regarding performance awards, on the spot awards or any other types of awards; (22) Decisions regarding incentive pay; (23) Disputes regarding the grant or denial of official time or leave without pay (LWOP) related to union activities; (24) Determinations of an employee’s performance rating; (25) Performance-based actions appealed under another statutory procedure; (26) Disciplinary or adverse actions appealed under another statutory procedure; (27) Decisions regarding telework; (28) Decisions regarding work schedules; (29) Disputes regarding whether these exclusions apply to a particular grievance; and (30) Matters already disputed in an employee formal equal employment opportunity (EEO) complaint.

Other Exclusions. Grievances on the following matters are also excluded by this Agreement: (1) Written notice of proposed action; (2) Letters of counseling/warning/instruction; (3) Performance progress reviews (i.e. mid-year reviews); (4) Performance improvement planplans and the decision to place an employee on a performance improvement plan (this does not preclude grievances on violations of statutory, regulatory or negotiated requirements for PIPs); (5) A management decision to make or terminate a temporary promotion, detail or reassignment; (6) The adoption or non-adoption of a suggestion; (7) The receipt or non-receipt of an honorary or cash award; (8) The non-renewal or non-extension of a temporary employee, termination of a temporary appointment due to reduction in force or any other termination of the appointment of a temporary employee; (9) Separation of a term, term or trial or excepted service employee; (10) Non-selection for promotionpromotion (this does not preclude grievances pertaining to violations of prohibited personnel practices); (11) Removal of a probationary employee during probationary period; (12) Removal of an employee pursuant to Title 5, U.S.C., Chapter 75, and the implementing regulations at Part 752 of Title 5, Code of Federal Regulations (C.F.R.); (13) Removal of an employee pursuant to Title 5, U.S.C., Chapter 43; (14) The content of published Agency-wide policy, except where it conflicts with this Agreement, law, or governmentwide regulations; (15) Adverse personnel action (as enumerated in Section 7512 of Chapter 75 of Title 5, United States Code) taken against probationary, trial or temporary or excepted service employees, except where appeal rights to the Merit Systems Protection Board exist under Chapter 75 or 43 of Title 5, U.S.C.; (16) Adjudication of claims the jurisdiction over which is reserved by Statute and/or regulation to another department, such as, but not limited to, Department of Labor determinations on workers compensation; (17) Claims alleging violations of the Fair Labor Standards Act, 29 U.S.C. §§ 201 et. seq. (18) Actions taken by the Agency required by lawful court orders (e.g., garnishment of wages for indebtedness or child support) or overpayment actions that can be adjudicated in an alternate venue, venue outside the Agency (e.g., overpayment actions) which can be adjudicated through the Agency’s Office of Hearing and AppealsIRS, etc.); (1918) Reduction in Force (RIF) actionsactions (this does not preclude grievances on violations of statutory, regulatory or negotiated requirements for RIFs); (2019) Actions taken by the Agency during an emergency, including emergency furloughs; (2120) Decisions regarding performance awards, on the spot awards or any other types of awards; (2221) Decisions regarding incentive pay; (2322) Disputes regarding the grant or denial The assignment of official time or leave without pay (LWOP) related to union activitiesperformance ratings of record; (24) Determinations of an employee’s performance rating; (2523) Performance-based actions appealed under another statutory procedure; (2624) Disciplinary or adverse actions appealed under another statutory procedure; (27) Decisions regarding telework; (28) Decisions regarding work schedules; (29) Disputes regarding whether these exclusions apply to a particular grievance; and (3025) Matters already disputed in an employee formal equal employment opportunity (EEO) complaint.