Procedural Information. A. In adverse actions pursuant to 5 U.S.C. 7512, allegations of Equal Employment Opportunity discrimination, prohibited personnel practices under 5 U.S.C. 2302(b)(1), and removal or reduction-in-grade for unacceptable performance (5 U.S.C. 4303), an aggrieved employee may use either the negotiated grievance procedure or the statutory appeals procedure, but not both. An employee shall be deemed to have exercised his or her option at such time as the employee initiates a timely complaint or appeal under the applicable statutory procedure or timely files a written grievance in accordance with the provisions of the grievance procedure, whichever occurs first. B. An employee may present a grievance to Management and have it resolved with or without the services of the Union. If presented without Union representation, such grievances may be resolved without Union intervention, provided the resolution is not inconsistent with the terms of this Agreement. C. Employees who choose to present their own grievances without intervention by the Union are not entitled to further review or consideration beyond the opportunity to present their grievances and have them resolved, affirmatively or negatively. The decision on such a grievance is final as to the employee who chooses to present his or her grievance without the intervention of the Union. The Union will be provided with a copy of the final determination. D. Should Management or the Union question the grievability of a matter presented under the terms of this Agreement, the issue will be presented to an arbitrator in accordance with Article 10. E. A grievance that does not contain the information necessary to reach a decision, or is otherwise unclear, will be returned to the representative of record or to the grievant with an explanation of the reason(s) for its return within seven working days of its receipt. The grievance must be re-initiated within ten calendar days after receipt of the returned grievance containing the requested information (or an explanation why the information was not provided), or it will be terminated at that step. Management's time limits for response begin when the perfected grievance is received. F. New issues may not be raised by either party or the grievant after the decision is rendered at Step One of this procedure. However, the parties to a grievance may mutually agree to join new issues to a grievance-in-progress, and may mutually agree to amend a grievance at any step.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Procedural Information. A. In adverse actions pursuant to (5 U.S.C. 7512), allegations of Equal Employment Opportunity discriminationEEO discrimination complaints, prohibited personnel practices under 5 U.S.C. 2302(b)(1Section 2302 (b) (1), and removal or reduction-in-grade for unacceptable performance (5 U.S.C. 4303), an aggrieved employee may use either the negotiated grievance procedure or the statutory appeals procedure, procedure but not both. An employee shall be deemed to have exercised his or his/her option at such time as the employee initiates a timely complaint or appeal under the applicable statutory procedure or timely files a written grievance grievance, in writing, in accordance with the provisions of the grievance procedureNGP, whichever occurs first.
B. An employee may present a grievance to Management and have it resolved adjusted with or without the services of the UnionNWSEO. If presented without Union NWSEO representation, such grievances may be resolved adjusted without Union NWSEO intervention, provided the resolution adjustment is not inconsistent with the terms of this Agreementagreement.
C. Employees who choose to present their own grievances without intervention by the Union NWSEO are not entitled to further review or consideration beyond the opportunity to present their grievances and have them resolvedadjusted, affirmatively affirmatively, or negatively. The decision on such a grievance is final as to the employee who chooses to present his or her grievance without the intervention of the UnionNWSEO. The Union NWSEO National President will be provided with a copy of the final determinationadjustment.
D. Should Management or the Union NWSEO question the grievability of such a matter presented under the terms of this Agreement, the issue such will be presented to an arbitrator in accordance with Article 1011, Arbitration.
E. A grievance that which does not contain the information necessary to reach a decision, or is otherwise unclear, will be returned to the representative of record or to the grievant with an explanation of the reason(s) for its return within seven working (7) days of its receipt. The If such a grievance is re-initiated, it must be re-initiated done within ten (10) calendar days after receipt of the returned grievance containing the requested information (or an explanation why the information was not provided)grievance, or it will be terminated at that step. Management's The Management time limits for response to respond begin when the perfected grievance information requested is received.
F. New issues may not be raised by either party or the grievant after the decision is rendered at Step One of this procedure. However, however the parties to a grievance may mutually agree to join new issues to a grievance-in-grievance in progress, and . The parties may mutually agree to amend a grievance at any step.
Appears in 2 contracts
Samples: National Collective Bargaining Agreement, National Collective Bargaining Agreement
Procedural Information. A. In adverse actions pursuant to 5 U.S.C. 7512, allegations of Equal Employment Opportunity discrimination, prohibited personnel practices under 5 U.S.C. 2302(b)(1), and removal or reduction-in-grade for unacceptable performance (5 U.S.C. 4303), an aggrieved employee may use either the negotiated grievance procedure or the statutory appeals procedure, but not both. An employee shall be deemed to have exercised his or her option at such time as the employee initiates a timely complaint or appeal under the applicable statutory procedure or timely files a written grievance in accordance with the provisions of the grievance procedure, whichever occurs first.
B. An employee may present a grievance to Management and have it resolved with or without the services of the Union. If presented without Union representation, such grievances may be resolved without Union intervention, provided the resolution is not inconsistent with the terms of this Agreement.
C. Employees who choose to present their own grievances without intervention by the Union are not entitled to further review or consideration beyond the opportunity to present their grievances and have them resolved, affirmatively or negatively. The decision on such a grievance is final as to the employee who chooses to present his or her grievance without the intervention of the Union. The Union will be provided with a copy of the final determination.
D. Should Management or the Union question the grievability of a matter presented under the terms of this Agreement, the issue will be presented to an arbitrator in accordance with Article 10.
E. A grievance that does not contain the information necessary to reach a decision, or is otherwise unclear, will be returned to the representative of record or to the grievant with an explanation of the reason(s) for its return within seven working days of its receipt. The grievance must be re-initiated within ten calendar days after receipt of the returned grievance containing the requested information (or an explanation why the information was not provided), or it will be terminated at that step. Management's ’s time limits for response begin when the perfected grievance is received.
F. New issues may not be raised by either party or the grievant after the decision is rendered at Step One of this procedure. However, the parties to a grievance may mutually agree to join new issues to a grievance-in-progress, and may mutually agree to amend a grievance at any step.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Procedural Information. A. In adverse actions pursuant to 5 U.S.C. 7512, allegations of Equal Employment Opportunity discrimination, prohibited personnel practices under 5 U.S.C. 2302(b)(1), and removal or reduction-in-grade for unacceptable performance (5 U.S.C. 4303), an aggrieved employee may use either the negotiated grievance procedure or the statutory appeals procedure, but not both. An employee shall be deemed to have exercised his or her option at such time as the employee initiates a timely complaint or appeal under the applicable statutory procedure or timely files a written grievance in accordance with the provisions of the grievance procedure, whichever occurs first.
B. An employee may present a grievance to Management and have it resolved with or without the services of the Union. If presented without Union representation, such grievances may be resolved without Union intervention, provided the resolution is not inconsistent with the terms of this Agreement.
C. Employees who choose to present their own grievances without intervention by the Union are not entitled to further review or consideration beyond the opportunity to present their grievances and have them resolved, affirmatively or negatively. The decision on such a grievance is final as to the employee who chooses to present his or her grievance without the intervention of the Union. The Union will be provided with a copy of the final determination.
D. Should Management or the Union question the grievability of a matter presented under the terms of this Agreement, the issue will be presented to an arbitrator in accordance with Article 10.
E. A grievance that does not contain the information necessary to reach a decision, or is otherwise unclear, will be returned to the representative of record or to the grievant with an explanation of the reason(s) for its return within seven working days of its receipt. The grievance must be re-initiated within ten calendar days after receipt of the returned grievance containing the requested information (or an explanation why the information was not provided), or it will be terminated at that step. Management's time limits for response begin when the perfected corrected grievance is received.
F. New issues may not be raised by either party or the grievant after the decision is rendered at Step One of this procedure. However, the parties to a grievance may mutually agree to join new issues to a grievance-in-progress, and may mutually agree to amend a grievance at any step.
Appears in 1 contract
Samples: Collective Bargaining Agreement