ARTICLE 9 - Grievance Procedure

SECTION 1. Coverage. 

A. The purpose of this article is to provide for a mutually acceptable method for the prompt and equitable settlement of employee, Union, and Management grievances over the interpretation or application of this Agreement and other working conditions affecting the bargaining unit subject to the control of Management.  Unless otherwise provided for, this procedure shall be the sole procedure available to the Union, Management, or employees for resolving grievances. 

This article establishes a fair and simple grievance procedure to:

(1) Assure the Union the right to present and process grievances in its own behalf or on behalf of any employee;

(2) Assure each employee the right to present a grievance on his or her own behalf, and assure the Union the right to be present during the grievance proceeding;

(3) Assure Management the right to present and process grievances; and

(4) Provide that any grievance not satisfactorily settled under this procedure shall be subject to binding arbitration that may be invoked by either party.

B. A grievance means any complaint:

(1) by any employee concerning any matter relating to the employment of the employee;

(2) by the Union concerning any matter relating to the employment of any employee; or

(3) by any employee, the Union, or Management concerning:

(a) the effect or interpretation, or a claim of breach, of this a collective bargaining agreement; or

(b) any claimed violation, misinterpretation, or misapplication of any law, rule, or regulation  affecting conditions of employment.

C. Excluded from this grievance procedure are the following:

(1) Any claimed violation of subchapter III of Chapter 73 of Title 5, United States Code, relating to prohibited political activities;

(2) Retirement, life insurance, or health insurance;

(3) A suspension or removal under Section 7532 of Title 5, United States Code (national security);

(4) Any examination, certification, or appointment;
           
(5) The classification of any position that does not result in the reduction in grade or pay of an employee;

            (6) Termination of a probationary and temporary employees;

            (7) Any issue where there would be no tangible relief to the grievant;

            (8) Granting or failure to grant incentive awards;

            (9) Warnings and notice of proposed action;

            (10) Content of published DOC, NOAA and NMAO regulations and policies

            (11) Non-selection for temporary promotions of less than 120 days

            (12) Suitability determination;

            (13) Non-adoption of a suggestion;

            (14) Matters excluded by law or government-wide rule;

            (15) Complaints or appeals from persons outside the bargaining unit;

            (16) Filling of positions outside the bargaining unit: and

(17) Non-selection for promotion from a group of properly ranked and certified candidates.

SECTION 2. Intent and Understanding of the Parties.

A. Management and the Union recognize the importance of settling grievances promptly and equitably at the lowest possible supervisory and Union level.  An employee may bring his or her concern to either the steward, the supervisor, or both, on an informal basis, prior to the use of these procedures.  The steward will advise the employee, and, if requested, speak to the supervisor about all such concerns as soon as possible.  The provisions of this Agreement shall not preclude an employee from bringing a matter of personal concern to either Management or the Union.

B. The parties agree to cooperate fully in processing grievances and to make every reasonable effort to ascertain, document, and present the relevant facts relating to any matters processed under this procedure.

C. The parties agree to consider use of the NOAA alternative dispute resolution program at any point during the grievance procedure.  Any time limits specified in this article will be stayed during ADR mediation.

SECTION 3. Time Limits.

A. Except as provided in Section 2 of this article, all time limits specified in this article are binding.  This does not preclude a request for an extension of seven calendar days.  The request shall be granted automatically and documented by the requester, with a copy to the other party.   Additional extensions shall be reasonable and only by mutual agreement and documented in writing to one another.  In considering an extension, the parties will consider (1) the length of the delay, (2) the existence of circumstances beyond the control of the party, and (3) whether prejudice to Management or the Union would result from a waiver of time limits.

B. Failure of the Union, the grievant, or the grievant's representative to observe any time limit shall terminate the grievance, unless good cause for the failure is shown.

C. Failure of Management to observe any time limit shall automatically allow the grievant to elevate the grievance to the next step.

SECTION 4. 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 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.

SECTION 5.  Grievance Resolution.

A. The filing party may terminate the processing of a grievance at any time.

B. If any employee who has filed a grievance leaves the bargaining unit before a decision is reached on a grievance that is being processed, the grievance is terminated unless the employee can be granted tangible relief.

C. If, at any step, Union and Management agree that no grounds existed for a grievance or they agree to the means of resolving the grievance, they shall state their agreement in writing, signed by both parties.  This will constitute the final resolution of the grievance.

D. When a settlement concerning a disciplinary or adverse action is accepted by a grievant, it will be deemed settled in its entirety, and neither the grievant nor the Union may proceed further with the grievance or appeal.  Such a settlement shall not be precedent in any future grievance or appeal involving a subsequent disciplinary or adverse action, but such disciplinary or adverse actions can be considered as aggravating factors in penalty selection for future disciplinary or adverse actions.

SECTION 6. Representation and Employee Official Time.

A. An employee who chooses to be represented by the Union under the provisions of this article at Step One shall be represented by the Steward or designee. 

The designation of a Union representative at Step One does not prohibit a change in Union representatives at any subsequent step.  Any changes in Union representation will be documented in writing to the appropriate management official.  One Union representative will be afforded appropriate official time for grievance processing in accordance with Article 7.

B. Bargaining unit employees may only be represented in grievances and arbitration, as provided for in this Agreement, by the Union.  Bargaining unit employees may not be represented by representatives of their choosing, including attorneys, in this procedure, but may represent themselves.

C. Once a Union representative has been designated; all written communications will be sent to the Union representative and a courtesy copy to the grievant

D. In accordance with the procedures in Article 7, an aggrieved employee, if otherwise in a duty status, shall be granted a reasonable amount of official time without charge to leave or loss of pay to prepare and present his or her grievance, including time to secure advice on his or her rights, obtain information or assistance, to prepare documents, and to prepare for an arbitration hearing.

SECTION 7. Employee Grievances.

Step One.  Initial grievance.

A. When an employee chooses to file a grievance, the grievance must be submitted, in writing, to the employee's immediate supervisor (or other designated management official) within 15 calendar days of the date the employee is affected, or becomes aware of (or should have become aware of) the action being grieved.  This time limit may be extended by mutual agreement.  The written grievance shall contain the following information, if applicable:

(1) The name and duty station of the grievant.

(2) A statement that it is a Step One grievance.

(3) A description of the facts surrounding the grievance (including relevant dates, places, and known witnesses).

(4) The specific article and section of this Agreement being grieved (if a violation of the Agreement is being alleged).

(5) Any past practice that is claimed to have been violated.

(6) The specific law, rule, or regulation claimed to have been violated (if known to the grievant).

(7) An explanation of how the grievant was affected.

(8) The remedy being sought.

(9) The name and address of the grievant's Union representative, or a statement that the employee is representing himself or herself and is not being represented by the Union.

(10) The grievant's signature, and the date.

B. Within 15 calendar days of receiving a Step One grievance, the supervisor (or other designated management official) shall issue to the employee or his or her Union representative (with a copy to the Union), a dated, written disposition of the grievance.  This time limit may be extended by mutual agreement.  The Step One grievance response must  contain the following information:

(1) The decision with respect to the grievance;

(2) The basis for the decision, including the reasons for granting or denying the relief;

(3) The grievant's right to appeal.

C. If the initial grievance is against the Director of AOC, the AOC Director will issue the final disposition.

Step Two.  Grievance Appeal.

D. If satisfactory resolution is not reached at Step One, an appeal may be filed with the management official designated by the Director of AOC, within 21 calendar days of receipt of the decision in Step One.  The appeal must be in writing, must attach a copy of the record of proceedings in Step One, and must state the grounds for appeal.

E. Within 21 calendar days following receipt of the appeal, the designated official shall render a written decision and deliver it to the employee or his or her Union representative (with a copy to the Union).  In the case of an employee who has chosen to act without Union representation, this decision is final, and arbitration may not be invoked.

SECTION 8. Disciplinary Actions. 

Regardless of whether or not an employee responds to a notice of proposed discipline, grievances for any resulting discipline will be filed under Step Two procedures and will be presented to the Management official designated by the Director, AOC.  It is recommended that the grievant utilize the format indicated in section 7.A. of this article for this step two grievance.

SECTION 9. Union/Management Grievance Procedure.

A. Management grievances shall be initiated in writing by the Director of AOC or designee and presented to the NWSEO President or designee, within 30 calendar days of the action or condition giving rise to the grievance.  Decisions by the Union shall be rendered in writing within 30 calendar days following receipt of the grievance.  Should the issue remain unresolved, arbitration may be invoked by Management.

B. Union grievances shall be initiated in writing by the NWSEO President or designee, and presented to the Director of AOC, or designee, within 30 calendar days of the action or condition giving rise to the grievance.  Decisions by the Director of AOC, or designee, shall be rendered in writing within 30 calendar days following receipt of the grievance.  Should the issue remain unresolved, arbitration may be invoked by the Union.

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