GRIEVANCES

When bargaining unit employees wish to pursue a complaint, they must use the negotiated grievance procedure reprinted below:

ARTICLE 19
GRIEVANCE PROCEDURE

Section 1.

1. The purpose of this article is to provide for a mutually acceptable method for the prompt and equitable settlement of grievances.
2. "Grievance" means any complaint by any employee concerning any matter relating to the employment of the employee; by any labor organization concerning any matter relating to the employment of any employee; or by any employee, labor organization, or agency concerning the effect or interpretation, or a claim of breach of a collective bargaining agreement; or any claimed violation, misinterpretation, or misapplication of any law, rule, or regulation affecting conditions of employment.
3. No discrimination will be tolerated on the basis of sexual preference or sexual orientation. Such discrimination may not be pursued through the EEO complaint process but may be filed as a grievance through the negotiated grievance procedure.
4. The union retains the right to initiate grievances over matters, which employees may not wish to pursue.

Section 2. The following matters are specifically excluded from coverage under this procedure:

1. Any claimed violation of Title 5, USC, Section 7321 (relating to prohibited political activities).
2. Retirement, life insurance, or health insurance.
3. A suspension or removal under Title 5, USC, Section 7532 (National Security).
4. Any examination, certification, or appointment.
5. The classification of any position which does not result in the reduction in grade or pay of an employee.
6. Non-selection for placement or promotion from a group of properly ranked and certified candidates.
7. Notices of proposed disciplinary actions.
8. Content of performance standards and objectives.
9. Separation of probationary employees.
10. The agency’s decision, under OMB Circular A-76, to implement Commercial Activities studies and/or Privatization Programs, or issue award(s) thereunder.

Section 3. Appeal and Grievance Option. An aggrieved employee affected by discrimination, a removal or reduction in grade based on unacceptable performance, or adverse action may at his/her option raise the matter under a statutory appellate procedure or the negotiated grievance procedure, but not both. For the purposes of this section and pursuant to Section 7121(e)(1) of the Federal Service Labor Management Relations Statute, an employee shall be deemed to have exercised his option under this section only when the employee files a timely notice of appeal under the appellate procedure or files a timely grievance, in writing, under the negotiated grievance procedure.

Section 4. Any time an employee declares he has a grievance, he shall be entitled to a union representative.

Section 5. The employer and the union recognize that most grievances arise from misunderstandings or disputes, which can be promptly and satisfactorily resolved on an informal basis at the immediate supervisory level. Accordingly, the employer and the union agree that every effort will be made to settle each grievance at the lowest level possible. Inasmuch as dissatisfaction 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, his performance, his loyalty, or desirability to the organization.

Section 6. It is agreed that when a grievance decision is accepted or the grievance is terminated, at any step, it will be considered to be settled in its entirety, and no further action will be taken by either party regarding the grievance.

Section 7. A grievance shall clearly state the problem and corrective action desired.

Section 8. Reasonable time will be allowed for employees to discuss, prepare, and present grievances. A grievant is not entitled to use government resources such as typing assistance, word processing centers, copying machines, supplies, or materials in preparing a grievance.

Section 9. A request for extension of time at any step of the grievance procedure should be for valid reasons. All time limits specified in this procedure are final, unless an extension has been granted.

Section 10. If an employee or group of employees desires representation in filing a grievance under this grievance procedure, they may be represented only by the union or themselves, but not a private attorney. Any employee or group of employees choosing to represent themselves may present such grievances to the employer and have them adjusted without the intervention of the union as long as the adjustment is not inconsistent with the terms of this agreement and the union has been given the opportunity to be present at the adjustment. The right of employees to present their own grievances does not extend their use of the arbitration process contained in this agreement.

Section 11. If two or more bargaining unit employees request union representation in pursuing substantially identical grievances under this grievance procedure, the union will select one grievant and one representative to pursue the grievance, will provide a list of the other grievances concurrent with the initiation of Step 1 of the grievance procedure, and will be bound in all cases by the outcome of the grievance selected. Not more than one local union representative will be allowed to represent an employee or group of employees at any given meeting during the pursuit of a grievance or complaint.

Section 12. Dispute Resolution/Grievance Procedure.

1. Informal Process.
   1. Initial meeting: The employee and his representative, if any, will present the dispute to the supervisor who has the authority to resolve the matter (normally the rater), and in his absence the official at the activity having the authority to make a decision on the matter (normally the approving official), within 15 calendar days of the incident or decision giving rise to the dispute. Generally, a decision should be given at the conclusion of the meeting but no later than 3 days from the date of the meeting.
   2. Follow on meeting: If necessary, a second meeting will be held with the employee, the representative, if any, the rater/approving official and other appropriate individuals. Generally, a decision should be given at the conclusion of the meeting but no later than 3 days from the date of the meeting. This informal process will take no longer than 21 days. If after 21 days, the dispute has not been resolved, the employee may submit the dispute to the formal process.
2. Formal Process. If no satisfactory settlement is reached through the informal process, the union/employee may elevate the dispute to the appropriate deciding official. Normally, this will be the director of the employee's organizational element. In this case, the union must forward the properly completed grievance form with the informal decision to the Civilian Personnel Advisory Center, ATTN: AFZF-CP-LR, within 7 calendar days of receipt of the informal decision. The deciding official, or his designated representative, and the CPAC or agency representative, will meet with the employee and his representative, if any, within 7 calendar days after receipt of the dispute/grievance. The deciding official, through the CPAC Labor Relations Office, will provide the union with a written decision. Generally a decision will be given at the conclusion of the meeting but no later than 3 calendar days after the meeting. The decision will state the date, time, subject, parties present, their respective positions and opinions, and the decision regarding the matter.
   • The decision is final unless arbitration is invoked wherein management and the union share the cost.
   • In those instances where management fails to render a decision within the contractual suspense of 3 days or within an approved extension timeframe, the union may invoke arbitration and the cost will be paid entirely by management.

Section 13. In most instances, employees are required to process their grievance through the informal process before proceeding to the formal process. Specific exceptions to the normal grievance procedure are:

1. All suspensions and removals will be initiated at the formal process.
2. The parties also recognize there may be other issues considered appropriate by mutual agreement to initiate at the formal process.
3. Grievances over letters of reprimand will be initiated at the informal process with the supervisor immediately above the official issuing the letter of reprimand.

Section 14. Upon request of the union, all material relevant to any grievance or investigation of a complaint will be provided to the union subject to applicable law in a timely fashion.

Section 15. Employer-Union Grievance Procedure. Problems involving the interpretation or application of the agreement between the employer and the union should be resolved in accordance with Section 12 a(1) and 12(b) of this article.

1. Any formal grievance submitted by the employer will be in writing and addressed to President, Local 1920, AFGE, Fort Hood, Texas 76544-5057.
2. Any grievance submitted by the union will be in writing and addressed to the Director of the Civilian Personnel Advisory Center, III Corps and Fort Hood, Fort Hood, Texas 76544-5058.
3. The written grievance will indicate the portions of this agreement alleged to have been misinterpreted or misapplied and will include all pertinent data relating to the grievance including dates, places, personnel involved, and rationale supporting their contentions.

Section 16. If the last day of a time limit under this article falls on a Saturday, Sunday, or holiday, the due-date will be the next work day.

Section 17. Questions of Grievability. In the event either party should declare a grievance non-grievable or non-arbitrable, the original grievance shall be considered amended to include this issue. The employer agrees to raise any question of grievability or arbitrability of a grievance in the written answer for the formal step of this procedure.

Grievance Checklist for Supervisors