Common use of Negotiated Grievance Procedure Clause in Contracts

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 claimed violation of prohibited political activities; B. Retirement, life insurance, health benefits, and matters under the auspices of the Office of Workers’ Compensation Programs, U.S. Department of Labor; C. A suspension or removal under 5 USC 7532, national security; D. Any examination, certification, or appointment of candidates for Federal employment; E. The classification of any position which does not result in the reduction in grade or pay of an employee; F. An allegation or complaint of discrimination based on race, color, religion, sex, age, national origin, marital status, political affiliation, or handicapping condition; G. Non-selection for promotion from a group of properly ranked and certified candidates; H. Allegations of mismanagement; I. Separation during probationary period; J. Matters appealable to the Merit Systems Protection Board; K. A proposed action; L. Non-adoption of a suggestion; and M. The content of published agency policies and regulations. Section 7. Grievances may be initiated by (a) employees (either singly or jointly), (b) the Union, or (c) the Employer. When identical or similar grievances are submitted by more than one employee, normally only one grievance will be processed under this procedure, and the disposition of that grievance will be the disposition of all such grievances. The results of the decision will be applied to all parties affected by the decision. In the event identical grievances are filed, any such grievance will be processed individually upon the grievant’s request. Section 8. Reasonable official time will be granted aggrieved unit employees and the appropriate Union representative to investigate and prepare grievances, if otherwise in an official duty status. Official time will be granted to present a grievance through this negotiated grievance procedure. Section 9. Once a grievance has been accepted for processing under this grievance procedure, failure of the aggrieved employee or the Union to comply with any applicable time limit will terminate further consideration of the grievance except as otherwise provided herein. Failure of a management official of the Employer to comply with any applicable processing time limit will constitute a valid basis for the grievance to be promptly advanced to the next higher step of this grievance procedure. However, any time limits stated in this Article may be extended by mutual written agreement between the Employer and the Union. Section 10. A grievance by the employee or the Employer shall be filed within fifteen (15) calendar days of the incident or learning of the incident being grieved except for extenuating circumstances such as an unavoidable or an authorized absence of the aggrieved. Should extenuating circumstances preclude adherence to the above stated time constraints, written reasons will be submitted with the grievance.

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, 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, 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.the 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 and the Employer and employee concerning such grievances andgrievances, 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 claimed violation of prohibited political activities; B. Retirement, life insurance, health benefits, and matters under the auspices of the Office of Workers’ Worker’s Compensation ProgramsProgram, U.S. Department of Labor; ; C. A suspension or removal under 5 USC U.S.C. 7532, national security; D. Any examination, certification, or appointment of candidates for Federal employment; E. The classification of any position which does not result in the reduction in grade or pay of an employee; F. An allegation or complaint of discrimination based on race, color, religion, sex, age, national origin, marital status, political affiliation, or handicapping condition; G. Non-selection for promotion from a group of properly ranked and certified candidates; H. Allegations of mismanagement; I. Separation during probationary period; J. Matters appealable to the Merit Systems Protection Board; K. A proposed action; L. Non-adoption of a suggestion; and M. The content of published agency policies and regulations. Section 7. Grievances may be initiated by (a) employees (either singly or jointly), (b) the Union, or (c) the Employer. When identical or similar grievances are submitted by more than one employee, normally only one grievance will be processed under this procedure, and the disposition of that grievance will be the disposition of all such grievances. The results of the decision will be applied to all parties affected by the decision. In the event identical grievances are filed, any such grievance will be processed individually upon the grievant’s request. Section 8. Reasonable official time will be granted aggrieved unit employees and the appropriate Union representative to investigate and prepare grievances, if otherwise in an official duty status. Official time will be granted to present a grievance through this negotiated grievance procedure. Section 9. Once a grievance has been accepted for processing under this grievance procedure, failure of the aggrieved employee or the Union to comply with any applicable time limit will terminate further consideration of the grievance except as otherwise provided herein. Failure of a management official of the Employer to comply with any applicable processing time limit will constitute a valid basis for the grievance to be promptly advanced to the next higher step of this grievance procedure. However, any time limits stated in this Article may be extended by mutual written agreement between the Employer and the Union. Section 10. A grievance by the employee or the Employer shall be filed within fifteen (15) calendar days of the incident or learning of the incident being grieved except for extenuating circumstances such as an unavoidable or an authorized absence of the aggrieved. Should extenuating circumstances preclude adherence to the above stated time constraints, written reasons will be submitted with the grievance.

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, 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, 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.. Grievances filed outside the requisite timelines is automatic grounds for denial Section 4. This negotiated grievance procedure is the sole procedure available to unit employees for resolving covered matters. Section 5. Grievances contesting a suspension of fourteen (14) days or less may be filed at the final step of the Negotiated Grievance Procedure by the affected employee within ten (10) workdays after receipt of the decision letter Section 6. 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 and the Employer and employee concerning such grievances andgrievances, 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 67. The following are excluded from coverage of this grievance procedure: A. A claimed violation of prohibited political activities; B. Retirement, life insurance, health benefits, and matters under the auspices of the Office of Workers’ Worker’s Compensation ProgramsProgram, U.S. Department of Labor; ; C. A suspension or removal under 5 USC U.S.C. 7532, national security; D. Any examination, certification, or appointment of candidates for Federal employment; E. The classification of any position which does not result in the reduction in grade or pay of an employee; F. An allegation or complaint of discrimination based on race, color, religion, sex, age, national origin, marital status, political affiliation, or handicapping condition; G. Non-selection for promotion from a group of properly ranked and certified candidates; H. Allegations of mismanagement; I. Separation during probationary period; J. Matters appealable to the Merit Systems Protection Board; K. A proposed action; L. Non-adoption of a suggestion; and M. The content of published agency policies and regulations. Section 7. Grievances may be initiated by (a) employees (either singly or jointly), (b) the Union, or (c) the Employer. When identical or similar grievances are submitted by more than one employee, normally only one grievance will be processed under this procedure, and the disposition of that grievance will be the disposition of all such grievances. The results of the decision will be applied to all parties affected by the decision. In the event identical grievances are filed, any such grievance will be processed individually upon the grievant’s request. Section 8. Reasonable official time will be granted aggrieved unit employees and the appropriate Union representative to investigate and prepare grievances, if otherwise in an official duty status. Official time will be granted to present a grievance through this negotiated grievance procedure. Section 9. Once a grievance has been accepted for processing under this grievance procedure, failure of the aggrieved employee or the Union to comply with any applicable time limit will terminate further consideration of the grievance except as otherwise provided herein. Failure of a management official of the Employer to comply with any applicable processing time limit will constitute a valid basis for the grievance to be promptly advanced to the next higher step of this grievance procedure. However, any time limits stated in this Article may be extended by mutual written agreement between the Employer and the Union. Section 10. A grievance by the employee or the Employer shall be filed within fifteen (15) calendar days of the incident or learning of the incident being grieved except for extenuating circumstances such as an unavoidable or an authorized absence of the aggrieved. Should extenuating circumstances preclude adherence to the above stated time constraints, written reasons will be submitted with the grievance.