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ARTICLE XXVIII

Grievance Procedure

NEGOTIATED AGREEMENT between NATIONAL INSTITUTES OF HEALTH and WASHINGTON AREA METAL TRADES COUNCIL AFL-CIO
Units:
Ground Maintenance and Landscaping
Fabric Care
Custodial Laborers and Related Building Services
Transportation Workers
EXECUTIVE ORDER 11491
as amended
LABOR MANAGEMENT RELATIONS IN THE FEDERAL SERVICE
The effective date of this Agreement is: March 20, 1991
(pages 52 - 59)


Section 1. The Employer and the Council recognize the importance of settling disagreements and misunderstandings orderly, promptly, fairly and in a manner that will maintain the self-respect of the employee and be consistent with the principles of good management. The purpose of this Article is to provide a method acceptable to both the Employer and the Council for prompt and equitable settlement of grievances.

Section 2. Scope:

  1. by any employee concerning any matter relating to the employment of the employee;
  2. by the Council concerning any matter relating to the employment of any employee; or,
  3. by any employee, the Council, or Employer concerning:
    1. the effect or interpretation, or claim of breach, of collective bargaining agreement; or,
    2. any claimed violation, misinterpretation, or misapplication of any law, rule, or regulation affecting conditions of employment.
  4. except it shall not include a grievance concerning:
    1. those matters mandatorily excluded by Section 7121(c) of the CSRA:
      1. any claimed violation relating to prohibited political activities;
      2. retirement, life insurance, or health insurance;
      3. a suspension or removal under Section 7532 (for national security reasons);
      4. any examination, certification, or appointment, or,
      5. the classification of any position which does not result in the reduction in grade or pay of an employee.
    2. the granting or failure to grant an employee performance award or other type of honorary or discretionary award or the adoption or failure to adopt an employee suggestion or invention;
    3. termination of a probationary employee or an employee serving under a temporary limited appointment;
    4. matters covered by Article Three, Rights and Obligations of the Employer;
    5. a preliminary warning notice of an action which if effected would be covered under the grievance procedure;
    6. notice of proposed adverse action, or proposed removal or reduction in grade base on unacceptable performance;
    7. content of policy and regulations published by DHHS, PHS and NIH;
    8. non-selection from a group of properly ranked and certified candidates for promotion;
    9. any Reduction-in Force (RIF) action taken under Part 351;
    10. performance appraisal ratings;
    11. a prohibited personnel practice under Section 2303(b)(1) of Title V;
    12. a complaint or allegation of discrimination;
    13. the substance of critical elements and performance standards of an employee's position;
    14. a written warning or admonishment regarding performance, attendance or conduct which would not be included within the employee's Official Personnel Folder;
    15. an effected removal or reduction in grade based on unacceptable performance.
  5. This negotiated procedure shall be the exclusive procedure available to the Council and the employees of the bargaining unit for resolving such grievances which fall within its coverage unless otherwise provided by 5 U.S.C. 7121.

Section 3. When two or more employees have a grievance which may be reasonably construed as identical, the grievance will be joined and processed as one, if the employee (and the Council, if the Council is serving as the designated representative) agree.

Section 4. All grievances initiated under the negotiated grievance procedure must be in writing and personally signed and dated by the grievant(s). If the grievant is to be represented in pursuing the grievance, the name of the Council representative must also be included. The grievance should state precisely the nature of the grievance and the personal relief sought. No grievance will be accepted for consideration unless the above information is provided.

Section 5. It is the intent of the Parties to this Agreement that any dispute, subject to this grievance procedure, may be discussed at any step of the procedure, with the view in mind of effecting an equitable settlement. In this regard, every effort will be made to arrange and conduct the discussions in an atmosphere free from hostility and personal attack.

Section 6. The following procedures shall be adhered to in resolving grievances:

Step 1. The grievance first shall be taken up by the aggrieved and submitted in writing within twenty (20) calendar days of the occurrence of the incident leading to the grievance to the supervisor who the employee believes has authority to adjust the grievance. Any grievance failing to comply with this time limit shall not be presented or considered at a later date.

In presenting the grievance, the grievant(s) shall state that the first step of the grievance procedure is being evoked. The grievant(s) shall identify the facts giving rise to the grievance and the relief requested. The employee may represent himself, or if he chooses, may be represented by the Council. No other representative will be recognized for grievances filed under the negotiated grievance procedure.

Initially, the supervisor will meet with the employee and the shop steward and only if there is mutual consent will additional persons be present.

The supervisor will give his/her decision in writing within fifteen (15) calendar days. The decision letter will include the name of the management official designated to receive Step 2 complaints.

The Council shall be afforded the opportunity to be present at all formal discussions between the Employer and the employee concerning the grievance and at the appropriate time to make known the views of the Council regarding the grievance.

Step 2. If a satisfactory settlement has not been reached at Step 2, the grievance may be presented in writing by the grievant(s) to a higher level of supervision within seven (7) calendar days after receipt of the first step decision. The management official receiving Step 2 complaints shall give his/her written decision within fourteen (14) calendar days after receipt of the grievance and furnish copies to all parties concerned. If unfavorable, it will include the name of the Collective Bargaining Official or his/her designated representative to receive Step 3 grievances.

Step 3. If a satisfactory settlement has not been reached at Step 2, the grievance may be presented in writing by the grievant(s) to the Collective Bargaining Official or his/her designated representative within seven (7) calendar days after receipt of the Step 2 decision. The Collective Bargaining Official, or the designated official receiving the grievance, shall give his/her written decision within fourteen (14) calendar days after receipt of the grievance and furnish copies to all parties involved.

Section 7. Failure of the Employer to meet the time limits prescribed above shall permit the Council to move the grievance to the next step of the procedure. Failure of the employee or the Council to meet the time limits prescribed above shall constitute withdrawal and termination of the grievance. Any time limits stipulated in the above procedure may be extended for stated periods of time b the appropriate parties by mutual agreement in writing.

Section 8. Grievances concerning effected adverse actions are to be filed in writing within seven (7) calendar days of the notice of decision to the official designated by the Employer in the notice of decision. That designated individual will respond to the employee within fourteen (14) calendar days. The employee may then forward the grievance to the Collective Bargaining Official in accordance with Step 3 of the above procedure. If the Associate Director or Executives Officer was the Proposing Official or the Deciding Official on the adverse action being grieved, the employee's grievance must be initiated at Step 3.