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Can I file a Grievance?

March 14th, 2012 | Posted by enealjr in Contract | Did you know? | Your Rights

 

Do you know what a grievance is? Article 24 of the National Agreement between Union and Agency says:

A grievance means any complaint:

A. by an employee(s) concerning any matter relating to the employment of the employee;
B. by the Union concerning any matter relating to the employment of any employee; or


C. by any employee(s), the Union or the Administration concerning:

1.The effect or interpretation, or a claim of breach, of a collective bargaining agreement; or
2.Any claimed violation, misinterpretation or misapplication of any law, rule or regulation affecting conditions or employment.

D. Grievances on the following matters are excluded from the grievance procedure:

1.any claimed violation of 5 U.S.C. 73 relating to prohibited political activities;
2.retirement, life insurance, health insurance;
3.a suspension or removal under 5 U.S.C. 7532 relating to national security;
4.any examination, certification, or appointment;
5.the classification of any position which does not result in the reduction in grade or pay of an employee;
6.non-selection for non-bargaining unit positions; or
7.non-selection for bargaining unit employees from amongst properly rated and ranked candidates with the exception that employees may file grievance alleging unlawful discrimination as defined by Title VII. However, employee may file a grievance for a non-selection from the exercise of a priority consideration. Employees may also file either a grievance or unfair labor practice, but not both, alleging anti-union animus.

When should I file a grievance?

The National Agreement says:

A grievance concerning a continuing practice or condition may be presented at any time. Except as covered in Section 8(b), EEO, a grievance concerning a particular act or occurrence must be presented to the Step 1 management official within fifteen (15) working days of the action or date the employee became award of it.

Be sure you know when and why you should file a grievance, get familiar with your National Agreement.

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