Transcript Negotiated Grievance Process

Grievances
I WANT TO FILE A
GRIEVANCE!!
When an employee has a complaint,
STOP and ASK:
What happened?
When?
What resolution is sought?
(Take notes and/or use grievance form.)
And, remember to ask: “Is there
anything I can do to help you personally
to deal with this?
Routes for resolving issues
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Unfair labor practice filed with Federal
Labor Relations Authority (FLRA)
Grievance (NGP)
Negotiations
EEO complaint process
Merit systems protection board (MSPB)
Office of Special Counsel (OSC)
Whistleblower complaint
Other appeals processes, e.g. OPM, GAO
What is a grievance?
(Labor Statute and MA Article 9)
Grievance means any complaint:
 by any employee concerning any matter
relating to employment of the employee;
(Yes! An employee can file their own
grievance.)
 by any labor organization concerning any
matter relating to employment of any
employee; or
What is a grievance?
(cont’d)
(Labor Statute and MA Article 9)
Grievance also means any complaint:
 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.
What is not grievable?
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Excluded by the Master Agreement (most
are based on Statutory exclusions):
Hatch Act violations;
 Retirement, life insurance, or health
insurance;
 Suspension or removal for national security
reasons;
 Any examination, certification, administered
by OPM;
 Appointments;
 Position classification.
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Generally these actions may be remedied
through other complaint processes.
Additional Subjects Excluded
by the Master Agreement:
Reduction In Force (RIF) or furlough of more
than thirty (30) days.
 Separations during a probationary or trial
period or for employees who do not have MSPB
appeal rights
 Bills of Collection for more than $100
 Determinations of exempt/non-exempt status
and claims for compensation under FLSA.
Generally these actions may be remedied through
other complaint processes
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Union Investigations
of Employee Complaints:
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Locate and interview all witnesses and persons who
may have knowledge of the circumstances giving rise
to the grievance , including management. (But
remember, no one is required to participate in Union requested
interviews.)
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Take notes, including who was present at the incident,
date, time, and location.
Ask questions and LISTEN.
Observe body language.
Document all facts.
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First hand witness accounts.
Copies of documents.
Research past cases and their disposition.
Determine what information is needed from
management and file an information request.
Evaluation of Case
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Examine all records and documents.
Review all the facts of the case and identify
strengths - and weaknesses.
Consider the proper appeal route.
Consider possible remedies.
If necessary, seek advice and assistance from:
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Local President/Other Officers & Stewards,
FSC Vice-President for Region, Research, or JC,
FSC grievance committee,
NFFE business representative (www.nffe.org),
NFFE National Office (only Local president or designee should
call NFFE National).
Why not to pursue a grievance?
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Matter not grievable or arbitrable:
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It is excluded from the grievance procedure;
The resolution is a violation of management’s
rights;
The timeline has passed;
The employee has already filed another
complaint on the same issue.
No violation of law, rule, regulation or
contract.
Why not to pursue a grievance
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Facts and evidence do not support allegation.
Matter may be best pursued in another forum.
(Often Union reps provide representation only to
members in these other forums. No DFR in MSPB, EEO,
etc.)
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In the case of disciplinary/adverse action, the
action taken is supported by the evidence.
(However, in such cases, mitigating factors need to be
explored to determine if the penalty is too harsh and may
be reduced.)
Remedies
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Must not be illegal.
Agency must have authority to grant. For
example, management cannot grant:
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Discipline for another employee/manager
(although management can assure that the
allegation will be investigated and appropriate
action taken).
Disability retirement.
Cash settlements beyond the loss the employee
suffered as a result of management’s actions
(no punitive damages).
Remedies (cont’d)
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Should not adversely affect the rest of the BU.
If case goes to arbitration, the arbitrator must not order
something that violates management rights.
For discipline which is overly harsh, it is wise to ask for a
“reduction of penalty to a more appropriate penalty”
rather than a specific penalty (or no penalty).
If there are expenses incurred as a result of
management’s actions and the Union’s representation,
request that they be recovered (including attorney fees).
General info about filing grievances
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Read and follow your contract:
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Timelines;
Who to file with;
How to request an extension;
What information should be included in the request.
Include supporting information (label and reference in
the text).
Ask to meet with the deciding official to discuss the
issues and seek a mutually acceptable resolution.
Keep evidence of the date that you submitted the
grievance (cc yourself on e-mail; use certified mail, etc.)
General info about filing grievances
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Be aware of timelines!
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If you are working to resolve an issue, don’t forget
to ask for an extension.
If you get no response, it is safest to use the day
the response was due as the start of the next
timeline.
Establish a calendar for Union officers showing the
due date for a response for a Grievance, preGrievance, pre-ULP, ULP, information request, etc.
Be sure to include any agreed to time extensions.
Representational Rights
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Union has right to be present at all discussions
and grievance processing meetings between
Management and bargaining unit employees,
even if the Union is not representing the
employees.
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If management talks to the employee without
notifying the Union, FILE a ULP or grievance.
Representational Rights
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Union has right to choose its own
representatives. Do not let management or BUE
select who they want present.
If the employee wishes to have a personal
attorney involved, contact the NFFE National
Office. NEVER allow an attorney to be involved
until you have contacted NFFE and have followed
NFFE’s guidance. (This is to make sure that the Local is not
financially liable for any legal fees.)
Grievances
Part II: NFFE-Forest Service
Grievance Process
Master Agreement Article 9
Grievance Procedure Outline
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Most Grievances
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Step 1 Grievance and response
Step 2 Grievance and response
Arbitration
Exception: Adverse Actions skip to Step 2
of the Grievance process. (See Article 22
for Adverse Actions)
Grievance Procedure
If Event = Adverse Action
30 days
Event
30
days
Step 1
30 days
Article 9
30
days
Step 2
30 days
28
days
Arbitration
Grievance Procedure Players
Grievant
Step 1 Receiving official
Step 1 Deciding official
Step 2 Receiving official
Step 2 Deciding official
Representatives of grievant
and responding party
(generally Union and LMR)
9.7 – Step 1 Grievance Procedure
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Filing a grievance IS an election of forum (employee
cannot file EEO, MSPB, FLRA on the same issue).
Step 1 Grievance must be submitted within 30 days of
the incident or of learning of the incident.
Step 1 Grievance must:
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Identify that this is a Step 1 Grievance in the subject line.
Identify the incident;
Identify the date of the incident;
Provide requested relief;
Step 1 Grievance may also provide suggested Alternative
Dispute Resolution (ADR) techniques.
Grievance must be filed with the appropriate official with
a copy to the LR staff.
Where to file Step 1 Local Grievance
Job Corps Center
JC Nat’l Office
National Forests
Regional Office
Research Station
Tech and Dev. Center
Washington Office
LE&I Field
LE&I WO
CIO
B&F
HRM
Enterprise
Other Units
Center Director
Assistant Director
Forest Supervisor
Staff Dir. or Deputy RF
AD or Program Manager
WO Eng. Staff Director
Staff Dir. or Assoc. Dep. Chief
RSAC
Assistant Director
Dep. Director CIO
Dep. Director B&F
Dep. Director HRM
Director
LMR contact in Servicing HR
Office
A note about where to file…
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When determining where to file a
grievance, follow the contract…
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File the grievance with the position named in
the contract;
- Even if that person is the one who caused
the issue;
- Even if the issue is a result of something
that occurs somewhere else (i.e. the ASCHCM).
After Step 1 Grievance is filed
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The Step 1 Receiving Official will identify the
Step 1 Deciding Official and notify the grievant
as soon as possible.
The grievant and the deciding official may use
ADR to resolve the issue.
If no resolution is achieved through ADR, the
Deciding Official must render a decision within
30 days of the Step 1 Grievance.
Note: It is recommended that you not just wait
for the response. Try to work with the Deciding
Official to resolve the issue. Be creative and try
to get the root issue resolved.
9.8 – Step 2 Grievance Procedure
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Step 2 Grievances must be submitted within 30 days of
receiving the Step 1 response or when the Step 1
decision was due.
Step 2 grievance must include:
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Subject identifying that this is a “Step 2 Grievance.”
A copy of the Step 1 Grievance and supporting documents
A copy of the Step 1 Grievance Decision (if one was received).
The issue(s) being grieved at this Step.
Any additional supporting evidence available at the time. (Note:
If additional information comes to hand after submittal, provide
information and continue to attempt to resolve.)
The relief requested.
9.8 – Step 2 Grievance Procedure
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Grievant is encouraged to include citations of
alleged violation of the Master Agreement, law,
rule, or regulation.
Step 2 Grievance is filed with appropriate
management official, with a copy to Labor
Relations.
Union Step 2 – Local Grievance
Job Corps Center
JC Nat’l Office
National Forests
Regional Office
Research Station
Tech and Dev. Center
Washington Office
LE&I Field
LE&I WO
CIO
B&F
HRM
Enterprise
Other Units
Assistant Director
Chief of Staff
Deputy Regional Forester
Deputy RF or RF
AD, Dep. Dir, or Dir
Associate Deputy Chief
Deputy Chief
Deputy Director
Deputy Director
Staff Director
Staff Director
Staff Director
Associate Deputy Chief
LMR contact in Servicing HR
Office
Step 2 Grievance Response
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Receiving Official may forward the grievance to an
appropriate Deciding Official and notify the
Grievant.
Parties may use ADR to attempt resolution
Deciding official has 30 days to provide a final
written response.
9.10 – Authority
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The party receiving the grievance will forward the
grievance to the Deciding Official who will act upon the
grievance. The name of the Deciding Official will be
communicated to the grievant as soon as practical.
The Deciding Official must have full authority to resolve
all issues being grieved.
The Step 2 Deciding Official shall not be the same as or
subordinate to the Step 1 Deciding Official.
In the case of a grievance involving disciplinary action, it
is not appropriate for the grievance Deciding Official to
be the same individual as the Deciding Official for the
disciplinary action.
9.11 – Time Limits
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Time limits start with “day 1” on the day after the
occurrence or transmittal.
All extensions must be by mutual agreement.
Information requests extend time limits.
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If management requests information, the union has 15
days to respond, or management will make decision
without the information.
If the Union requests information, time limit is extended
the number of days it takes to either receive the
information or a written statement that the information
does not exist or its release is barred by statute.
Missed time limit by grievant cancels the grievance!
Missed time limit by deciding official in the formal
grievance shall result in liability for arbitration
costs.
9.12 Settlements
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Settlements will be documented and signed by the
Grievant, the Union, and the Deciding Official. (Appendix
E).
Settlements resolve all issues and terminate the
grievance.
If there is allegation that the settlement was not
followed, the grievant may, within 30 days:
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File a new step 1 grievance over failure to follow the settlement
agreement OR
Reinstate the grievance at the next step from where the
settlement occurred.
Arbitration
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If the issue is not resolved, the Union has
the option to go to arbitration to get a third
party decision.
The Union makes the decision whether to
go to arbitration.
(5 USC 71: The Union, or the agency, may
take a grievance to arbitration. Employees
do not have this right.)
Invoking Arbitration - MA Article 10
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The Local President or FSC Exec Board Officers
may invoke arbitration within 28 days of
grievance response.
ADR may still be used after invoking arbitration.
 Failure
to invoke arbitration within
28 days will result in grievance
cancellation.
Arbitration will be covered in
intermediate/advanced training.
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Arbitration is beyond the scope of basic
union training.
If you are “green” and are considering
arbitration for an unresolved grievance:
GET HELP IMMEDIATELY.
Grievance Exercise
Back to Stephen Employee
When would a Step 1 Grievance be due?
But… when should you really submit a Step
1 grievance?
Write a Step 1 Grievance