SECTION 1. The purpose of this article is to provide a procedure for prompt and equitable resolution of dissatisfaction between the parties. This procedure is the exclusive method available to the parties for resolution of all issues, including interpretation and implementation of this agreement o# portions thereof, except as follows:

a. Actions resulting from involvement in prohibited political activities.
b. Actions relating to retirement, life and/or health insurance, awards and recognition.
c. Actions relating to any examination, certification, or appointment.
d. A suspension or removal predicated or accomplished in the interests of national security.
e. The classification of any position which does not result in the reduction in grade or pay of an employee.
f. Non-selection for promotion from a group of properly ranked and certified candidates, or a lateral reassignment.
g. Any issue where there is no personal relief to the grievant.
h. Any issue concerning disciplinary action to be or taken against another person, as stated in 5 US Code 552(A), the Privacy Act.
i. Any issue where statutory appeal or complaint systems have been implemented.
j. Complaints or appeals from persons outside the bargaining unit.
k. Release of information from agency files.
1. Termination of probationary, term and temporary employees.
m. Filling of positions outside the bargaining unit.
n. Interpretation of regulations from higher authorities.

SECTION 2. Employees, the Union or Management when using this procedure may represent themselves or may elect to be represented by another so long as the person performing the representational duties is not prohibited from doing so by law, regulation or conflict or apparent conflict of interest. Where the grievant elects representation, in writing, by another person, any financial remuneration due for representational services is the sole and exclusive responsibility of the grievant.

SECTION 3. Since dissatisfactions and disagreements may occasionally arise with some people in any work situation, the filing of a grievance shall not be construed as reflecting unfavorably on a grievant's good standing, performance, loyalty or desirability, nor will any reprisal be taken for initiating such grievance. Similarly, the occurrence of an occasional grievance shall not be construed as reflecting unfavorably upon Management's quality of supervision or general management nor upon the union's competence or good intentions.

SECTION 4. Failure to adhere to the time limits expressed herein shall result in the grievance being advanced to the next higher step if Management incurs the delay. If the grievant incurs the delay, the grievance is dismissed. Extensions of time may be granted by mutual consent of the parties.

SECTION 5. Grievances based on unacceptable performance final decisions, removals, suspensions for more than 14 days, reduction in grade or pay, or furlough for 30 days or less where the statutory review procedures have not been selected by the employee, may be initiated at Step 3 of the negotiated grievance procedure (Section 6 c, Article 10). Such grievances will be addressed to appropriate management official. Grievances over suspensions for 14 days or less or reprimands will be initiated at Step 2 of the negotiated grievance procedure (Section 6 b, Article 10).

SECTION 6. EMPLOYEE GRIEVANCES The procedure will operate as follows:

Upon receipt of the written grievance, the supervisor will arrange with the employee to meet on the next mutually agreeable work day (within 10 calendar days) for discussion of the grievance. Arrangements for the representative to be present is the responsibility of the grievant. Following the date of this discussion, the supervisor shall give a written decision to the employee within 10 calendar days. The appropriate Union steward, if not the grievant or representative, will be given the opportunity to be present at this adjustment which will not be inconsistent with the Agreement.
b. Step 2 (1) If the matter has not been satisfactorily resolved under Step 1, then the grievant may submit the grievance within 10 calendar days, to the Station Manager or the Chief, SOD, as appropriate. This written presentation will include the requirements outlined in Step 1 above, refer to the meeting between the supervisor and grievant, and include a copy of the supervisor's written decision. (2) within 10 calendar days following receipt of the Step 2 grievance, the grievance shall be investigated and the second step deciding official shall render to the grievant a written decision which is not inconsistent with this Agreement.
c. Step 3. The employee may advance the grievance by submission with a copy of all documents developed during 1st and 2nd steps, within 10 calendar days, to the Director, Office of Operations whose written decision shall be rendered within 10 calendar days after receipt of the 3rd step grievance.
d. If the matter is still unresolved, only the Union or Management may invoke arbitration under the provisions of Article 11, in accordance with 5 USC 7121 (b)(3)(c).
e. Each management official against whom an employee or the Union proposes to grieve shall be notified be writing, in Step 2, specifically and in detail of the proposed grievance before formal procedures can begin. Each management official cited in the grievance shall be entitled to be present and/or name a representative of his choosing to be present during all steps of the grievance procedure or any other adjudication process used.

SECTION 7.

a. An employee or groups of employees may present their grievances to Management and have them adjusted with or without the services of the Union. If presented without Union representation, such grievances may be adjusted without Union intervention, provided the adjustment is not inconsistent with terms of this Agreement and the Union has been given five (5) days advance notice of the grievance and an opportunity to be present at the adjustment.
b. Employees who choose to present their own grievances without intervention by the exclusive Union are not entitled to further review or consideration beyond the opportunity to present their grievance and have it adjusted, affirmatively or negatively. The decision of the Director, Office of Operations is final as to the employee or employees who choose to present their grievance without the intervention of the Union.
c. Should either party question the grievability/arbitrability of a matter presented under the terms of this Agreement, such will be presented to an arbitrator in accordance with Article 11, Arbitration. Grievances which question, directly or indirectly, interpretation of NESS policy, or NOAA or other higher authority policy or regulation, will not proceed to arbitration without determination of interpretation by the responsible agency office. The interpretation will be submitted to the other party and be binding on the arbitrator. The arbitrator will proceed to decide the merits of the grievance using this interpretation.
d. In adverse actions (5 USC Section 7512), EEO discrimination complaints, and removal or reduction in grade for unacceptable performance (5 USC 4403), the employee may use either the negotiated grievance procedure or the statutory appeals procedure (but not both). The employee shall be deemed to have exercised his option at such time as the employee timely initiates an action under the applicable statutory procedure or timely files a grievance in writing, in accordance with the provisions of the negotiated procedure, whichever event occurs first.
e. Neither new issues nor remedial actions sought may be raised by either party to the Grievance Procedure or during arbitration unless they have been raised at Step 1 of the Grievance Procedure.

SECTION 8. Grievances may be filed by management or the union based on an action that concerns an alleged violation of the provisions of this Agreement, or any supplement thereto. This is the sole vehicle for resolution of such charges.

Management grievances shall by initiated in writing by the Director, Office of Operations, and presented to the Regional Chairperson within 30 calendar days of the action or condition giving rise to the grievance. Decisions by the Regional Chairperson shall be rendered in writing no later than 30 calendar days following receipt of the grievance. Should the issue remain unresolved, arbitration may be invoked by Management.

Union grievances shall be initiated in writing by the Regional Chairperson and presented to the Director, Office of Operations, within 30 calendar days of the action or condition giving rise to the grievance. Decisions by the Director, Office of Operations, shall be rendered in writing no later than 30 calendar days following receipt of the grievance. Should the issue remain unresolved, arbitration may be invoked by the Union.

SECTION 9. If any employee resigns, dies, or otherwise leaves the NESS employment rolls by any action before a decision is reached on a grievance which is being processed and no compensation issue is involved, action will be stopped and all interested parties will be notified that the case is being closed without decision. A copy of this notification will be made a part of the case file.

SECTION 10. NESS employees participating as witnesses in a grievance will be considered to be in a duty status during such participation except that no overtime is authorized.

SECTION 11. If, at any step, the parties to the grievance agree that no misinterpretation or misapplication occurred, or they agree to the means of adjusting an acknowledged agreement violation, they shall state their agreement in writing, signed by all parties. This will constitute the final resolution of the grievance. It is further agreed that in the interest of efficiency, once a specific issue has been grieved and a final decision rendered, no grievance on the same issue will be accepted by any party to this agreement.

SECTION 12. Management, upon request by the Union, will permit the Union to review all pertinent records for the purpose of substantiating the contentions or claims of the grievance, except those prohibited by statute or regulations outside of management's control. The Union, upon request by Management, will permit Management to review all pertinent records in possession of the Union concerning the grievance.

SECTION 13. It is agreed that every effort will be made by Management, the Union, and the aggrieved party(s) to settle grievances at the lowest possible level. Unfair labor practices (5 USC Section 7116), shall not be utilized to resolve issues in dispute involving the interpretation and application of this Agreement.

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