1. PURPOSE AND COVERAGE. The purpose of this Article is to establish a mutually acceptable method for the prompt and equitable resolution of grievances. The Parties agree to attempt informal resolution of all contract-related matters.
a) The procedures contained in this Article are the exclusive avenue of redress available to the Union, the Employer and the bargaining unit Employees with the following exceptions:
(1) Grievances regarding matters covered by 5 CFR 752 (adverse actions), 5 CFR 432 (actions based on unacceptable performance), or 5 CFR 351 (Reduction-in- Force) may be filed either under this procedure or as an appeal to the Merit Systems Protection Board (MSPB), but not both. The filing of an appeal to MSPB or a grievance under this procedure waives the Employee's right to use the other procedure. However, selection of this grievance procedure does not prejudice the rights of the Parties or the Employee to seek MSPB review of the final decision of the arbitrator in accordance with applicable regulations.
(2) Claims of discrimination or sexual harassment under the purview of Title 7 U.S.C., as amended, may be filed under this procedure or through the Bureau's established procedures for discrimination complaints, but not both. The filing of a grievance or complaint under either procedure waives the Employee's right to use the other procedure. However, selection of this grievance procedure does not prejudice the rights of the Parties to this Agreement or the Employee to seek Equal Employment Opportunity Commission (EEOC) review of the final decision of the arbitrator in accordance with applicable regulations.
b) The term "grievance" means any complaint:
(1) by any bargaining unit Employee concerning any matter relating to the employment of the Employee.
(2) by the Union concerning any matter relating to the employment of any bargaining unit Employee, subject to the control of the Employer and for which the Employee seeks personal relief.
(3) by an Employee, the Union or the Employer concerning:
(a) the effect of interpretation, or a claim of breach of this Agreement; or
(b) any claimed violation, misinterpretation, or misapplication of any law, rule or regulation which affects the conditions of employment of bargaining unit Employees.
c) This procedure will not apply to:
(1) a claimed violation of prohibited political activities;
(2) matters related to retirement, life insurance or health benefits;
(3) any examination, certification, or appointment;
(4) the classification of any position which does not result in the reduction of grade or pay for an Employee;
(5) any suspension or removal under 5 U.S.C. 7532 (national security);
(6) termination of an Employee for unsatisfactory performance or conduct who is serving a probationary or trial period after initial appointment;
(7) termination of a temporary Employee upon expiration of the appointment;
2. INFORMAL RESOLUTION PROCEDURES. The Parties agree that it is in their collective best interest to equitably resolve grievances at the lowest level and within the shortest time frames possible. The Parties further agree to avail themselves of outside assistance in the form of mediation to the fullest extent possible and with the permission of the aggrieved Employee when applicable. Effective communication will often serve to resolve various issues and causes for dissatisfaction.
a) Employees should discuss any cause of dissatisfaction with their immediate supervisor in an effort to resolve the matter prior to raising the issue as a grievance.
b) The Union and the Employer are encouraged to have at least one (1) discussion for the purpose of informally resolving any issue(s) between them prior to raising the issue(s) as a formal grievance if time frames allow.
c) To promote and encourage an effective Employee/supervisor communication, the Parties agree initial dispute discussion will normally include only the Employee(s) and the immediate supervisor. In support of this effort, the Parties agree to work with the Employee and supervisor, as applies, to assist them in overcoming any personal concerns about the meeting, by assisting in the preparations for the meeting but encouraging them to meet one-on-one. The Union should reassure an Employee that this meeting is not the only opportunity for resolution of the dispute.
d) If discussion with the immediate supervisor is unsuccessful in resolving the issue(s), the Employee may either discuss the issue(s) with his/her second-level supervisor, the Union, the servicing Employee Relations Specialist, or the Bureau Labor Relations Officer to seek assistance in further resolution methods. Either of the Parties contacted may further discuss the issue(s) with the immediate supervisor for the purpose of promoting resolution.
e) Any of the Parties involved may request and will normally be approved for the use of a mediator from the cadre of USGS mediators or from the Federal Mediation and Conciliation Service. The Employer, the Union or the Bureau Labor Relations Officer shall make arrangements for a mediator. If the Employee requests mediation he/she must agree to fully participate in the process. The Employer agrees to fully participate in the mediation process to the extent that reasonable progress towards resolution is being made.
3. FORMAL GRIEVANCE PROCEDURE. The following procedures will be followed for Employee grievances or a Union grievance filed on behalf of an Employee, when informal resolution attempts result in the need for further consideration of the issue(s):
a) First Formal Step. The grievance must be presented to the second-level supervisor or his/her designee, in writing, within twenty (20) workdays after the incident giving rise to the grievance or within twenty (20) workdays from the date the grievant became aware of the incident. The supervisor or designee shall meet with the Employee and/or the Union as appropriate within five (5) workdays of receipt of the formal grievance. The supervisor shall provide a response to the grievant or the Union, as appropriate, within ten (10) calendar days following the meeting.
In cases where the Employee's second-level supervisor is the Center Chief or Assistant Center Chief, the first formal step of the grievance procedure is with the first level supervisor.
b) Second Formal Step. If the grievant remains dissatisfied with the grievance resolution, he/she may advance the grievance within five (5) workdays after receipt of the step 2 decision along with all related documentation to the Chief, MAC, or his/her designee. The Chief or designee will, within five (5) workdays, conduct fact- finding or meetings as deemed necessary and provide a final written decision to the Employee or the Union as appropriate.
c) The Union may request the grievance be heard by an arbitrator within twenty (20) workdays of receipt of the final decision in accordance with the procedures and provisions of this Agreement.
4. UNION AND EMPLOYER GRIEVANCES. Grievances may be submitted in writing by the Union President or the Chief, MAC, or his/her designee, to the other Party within fifteen (15) workdays of the incident giving rise to the grievance or within fifteen (15) workdays from the date the grievant became aware of the incident. The Parties will meet within fifteen (15) workdays after receipt of the grievance to further discuss the issue(s) and attempt informal resolution. The Party in receipt of the grievance will provide a written response to the other Party within fifteen (15) workdays after the meeting. If the grievance is not resolved by this method, either Party may refer the unresolved matter(s) to arbitration within twenty (20) workdays following receipt of the written response.
5. GRIEVANCE CONTENT. Regardless of the type of grievance filed or the filing party, a grievance must contain the following (Note: Grievances that are incomplete will be returned to the Union for completion.):
a) The name and telephone number of the Employee(s) who is grieving, and a full description of the incident(s) being grieved to include:
(1) the date on which it occurred or the date on which the aggrieved Party became aware of its occurrence;
(2) what happened, including the specific actions of individuals, dates and times of such actions, and the names of any witnesses, if applicable;
(3) what the impact was on the aggrieved Party to include specific loss or damage suffered;
(4) what is the personal relief requested, to include the actions requested;
(5) how this relief corrects the loss or damage and/or makes the Employee whole;
(6) the name and telephone number of the Employee's Union representative, if applicable; and;
(7) any documentation related to the issue(s) being grieved.
6. TIME LIMITS. All time limits in this Article may be extended upon the mutual agreement of the Parties. Absent mutual agreement for extensions for failure to meet prescribed time limits will result in one of the following:
a) If the Employer fails to respond within specified time frames, the grievance is advanced to the next step of the procedure.
b) If the grievant fails to meet the time limits at any step in the procedure or fails to keep established appointments for meetings, the grievance may be dismissed by the Employer without further consideration.
7. REPRESENTATION. Employees may be represented by the Union or may represent themselves in grievances filed under this Article.
a) Any Employee may personally present a grievance and have it adjusted without the representation of the Union, provided that:
(1) The Union is given the opportunity to be present at all discussions related to the grievance;
(2) The Union is provided a copy of any and all correspondence, including supporting documentation, exchanged between the grievant and the Employer; and
(3) The resolution of the grievance does not violate the law, regulation or the provisions of this Agreement.
b) The Parties agree that it is important to promote effective communication between Employees and their supervisors. Therefore, the Union will normally respect the wishes of an Employee to meet in private with his first level supervisor in the informal stage. The Employer will ensure that the provisions of items (2) and (3) above are met.
c) The grievant(s) and the Union representative(s) will be approved for a reasonable amount of official time for the purpose of researching, investigating, preparing and filing a grievance at each step of the procedures, including mediating arbitration in accordance with the provisions of this Agreement.
8. OTHER PROVISIONS.
a) Witnesses who have information relevant to a resolution of a grievance will be asked to testify in the grievance meetings on duty time.
b) Evidence which is relevant to the resolution of a grievance will be introduced at the earliest stage of the process after it is discovered or received by either party.
c) New issues (those which were not presented prior to arbitration) may not be raised at the hearing. However, the Parties may mutually agree to join related or similar issues/incidents to a grievance in process.
d) Any Party to a grievance may request a meeting to discuss the merits of the grievance or to further attempt informal resolution at any step of the process.
e) Group grievances may be processed as a single grievance, if the issues, times and circumstances involved are practically identical.