GrievProcedure

The negotiated grievance procedure is a system for resolving disputes. It is a method, established by the union and management, for finding out where problems exist and solving those problems fairly and quickly. Every collective bargaining agreement must contain a negotiated grievance procedure.

A grievance is defined in the collective bargaining agreement and may cover any complaint:

by any employee concerning any matter relating to the employment of the employee;
by any labor organization concerning any matter relating to the employment of any employee; or
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.

By law, an employee may not grieve the classification of a position, matters relating to retirement and the competitive examination process. In addition, the parties through negotiation may exclude additional matters. Furthermore, in certain situations, an employee may choose between filing a grievance and using another statutory process such as appealing an adverse action to the Merit Systems Protection Board, or filing a discrimination complaint through the Equal Opportunity complaint process. In these situations, once an employee has filed under one of these processes, he/she is precluded from filing under another process.

Under negotiated grievance procedures, unions have the right to present and process employee or union grievances. Employees are allowed to present their own grievances, i.e., to represent themselves in the procedure if they so desire. However, where this happens, the union has the right to be present during the process. Any negotiated grievance not satisfactorily resolved by the grievance process is subject to binding arbitration. Only the union or management may invoke arbitration.

Related Tools:Arbitration;Alternative Dispute Resolution