Article 47
Grievance Procedure

The parties wish to foster an atmosphere of cooperation and mutual respect between supervisors and employees. To that end, supervisors and employees are encouraged to communicate regularly with each other and discuss any problems or concerns and try to resolve them informally. If such informal efforts are unsuccessful, employees may utilize the grievance procedure as prescribed in this Article.

Section 1. Purpose

a. The purpose of this Article is to provide a mutually acceptable method for a prompt and equitable settlement of grievances.
b. This shall be the procedure through which a just, speedy, and inexpensive determination of such grievances is secured. Therefore, the parties agree that grievances processed through this procedure should be resolved as early as feasible and at the lowest organizational level practicable.
c. This shall be the exclusive procedure available to the parties and employees in the unit.

Section 2. Alternative Dispute Resolution

a. The Department and Local 12 recognize that Alternative Dispute Resolution (ADR) can serve as an effective tool to resolve labor-management disputes. The benefits of ADR can be avoiding protracted and costly litigation, improving working relationships between management and labor, and enhancing communication between employees and their supervisors. Therefore, the parties agree to implement ADR as stipulated in this Article.
b. Applicability
ADR may be utilized to resolve a grievance after the issuance of a Step 2 decision. Either party may communicate to the other an interest to subject a grievance to ADR. If both parties agree, the grievance will be submitted to ADR.
c. Procedural Timeframes
If a grievance is submitted to ADR, the timeframes for further processing the grievance will be suspended commencing from the day on which the parties agree to proceed to ADR.
d. The ADR process will be grievance mediation, utilizing mediators from the Federal Mediation and Conciliation Service (FMCS) or the Shared Neutrals Program administered by the Department of Health and Human Services. The Department’s Office of Employee and Labor-Management Relations (OELMR) and Local 12 will coordinate the responsibility of communicating with the mediation services for obtaining the mediators.
e. The grievant, a union representative, the supervisor/manager and a management representative may participate during the mediation. The parties agree that all information shared during the mediation shall be kept confidential and will not be admissible before an arbitrator or other administrative or judicial court. The mediation shall proceed for no longer than 2 consecutive days unless the parties mutually agree otherwise. Any settlement agreement shall be reduced to writing and signed by Management, the grievant, and the Union. If the grievance is not resolved within the 2 day time period, the time frames for the Union to pursue the grievance to arbitration are resumed.

Section 3. Who May Initiate a Grievance

A grievance may be filed by:

a. an employee in the Local 12 bargaining unit or such former bargaining unit employees who have filed a timely grievance; except that those employees on temporary limited appointment and those who have not completed probation may submit a grievance only with respect to working conditions or rights expressly granted them elsewhere in this Agreement;
b. Local 12; or
c. The U.S. Department of Labor.

Section 4. Definition of a Grievance

A grievance means any complaint, unless expressly excluded or limited in this article:

a. by any employee concerning any matter relating to the employment of the employee;
b. by Local 12 concerning any matter relating to the employment of any employee; or
c. by an employee or Local 12 or the Department of Labor concerning:

(1) the effect or interpretation, or a claim of breach, of this Collective Bargaining Agreement; or
(2) any claimed violation, misinterpretation, or misapplication of any law, rule, or regulation affecting conditions of employment.

Section 5. Exclusions from the Grievance Procedure

The following subject matters referenced in subsections a. and b. below are excluded from the grievance procedure regardless of the specific allegation(s) or issue(s).

a. Excluded by Statute from the grievance procedure are:

(1) any claimed violation of Subchapter III of Chapter 73 of Title 5 of the U.S. Code (relating to prohibited political activities);
(2) retirement, life insurance, or health insurance;
(3) a suspension or removal under Section 7532 of Title 5 of the U.S. Code;
(4) any examination, certification, or appointment; or
(5) the classification of any position which does not result in the reduction in grade or pay of an employee.

b. Further, this Article does not apply to:

(1) a binding decision made by an authority outside the Department;
(2) the filling of a position which is in the Senior Executive Service (SES), and the filling of all other positions outside the bargaining unit;
(3) the judgment of a merit staffing panel or qualifications rating examiner;
(4) non-selection from a properly prepared merit staffing certificate;
(5) failure to recommend and/or disapproval of a quality step increase, performance award, or other kind of honorary or other discretionary award;
(6) failure to adopt a suggestion submitted under the Incentive Awards Program;
(7) termination of an employee on a temporary appointment;
(8) separation of an employee during the probationary period;
(9) the placement of an employee on a Performance Improvement Plan (PIP); or
(10) oral counselings or warnings/admonishments.

Section 6. Rights

a. Nothing in this Agreement shall be construed as precluding discussion between an employee and his/her immediate supervisor of a matter of interest or concern to either of them. Once a matter has been made the subject of a grievance under this procedure, nothing herein shall preclude either party from attempting to resolve the grievance informally at the appropriate level.
b. An employee or group of employees in the bargaining unit filing a grievance under this procedure may be represented by a Union representative. Any employee or group of employees in the bargaining unit may present a grievance under this procedure without representation and have it resolved without intervention of the Union as long as the resolution is not inconsistent with the terms of this Agreement and the Union is given an opportunity to be present during the grievance proceeding.
c. In presenting a grievance, the grievant and the duly designated Union representative, if any, shall be free from restraint, interference, coercion, discrimination, and reprisal.
d. In accordance with Section 4 of Article 45, "Official Time," employees shall be allowed a reasonable amount of official time to prepare and present a grievance.
e. Where the grievant(s) has designated a Local 12 Representative, all communications with regard to the grievance and attempts at resolution of the grievance shall be made through the designated Local 12 Representative.

Section 7. Grievance Form

a. The following form is to be used for the filing of grievances under this Article. The grievance is to be signed and dated by the grievant(s). The grievance form is a critical component to the grievant process. It is intended to put the Agency on notice of all the issues and the specific allegations of the grievance so that it may resolve the dispute at the lowest possible level. Accordingly, the grievant shall identify the underlying facts, issues, contract articles, and statutes or regulations alleged to have been violated on the Step 1 portion of the grievance form. The Step 2 grievance appeal shall also be presented in writing on the Step 2 portion of the grievance form. The Step 2 portion of the grievance form shall contain any additional information as necessary about the grievance, including a precise explanation as to why the grievant believes each article, section, and subsection, statute or regulation has been violated. Issues and allegations that are not raised by the Union in the Step 2 process may not subsequently be considered by an arbitrator, should the grievance be invoked to arbitration.

DEPARTMENT OF LABOR AND AFGE LOCAL 12 GRIEVANCE FORM

General Information

Name of Grievant: _________________ Agency: __________________
Name of Local 12 Representative: _________________________________

Type of Grievance:

Employee ___
Union ___
Department ___

Step One Grievance

Date of Alleged Violation: ________________

Alleged Violations:

Contractual, statutory or regulatory violations
____________________________________________________
____________________________________________________
____________________________________________________

Underlying facts of the grievance
____________________________________________________
____________________________________________________
____________________________________________________

Remedy Sought:
____________________________________________________
____________________________________________________

Signature:________________________ Date:__________________

Step Two Grievance

Alleged Violations:

Specific description of how each contract article, section and/or subsection was violated
____________________________________________________
____________________________________________________
____________________________________________________
Specific description of how each statute or regulation was violated
____________________________________________________
____________________________________________________
____________________________________________________

Remedy Sought:
____________________________________________________
____________________________________________________

Issues and/or allegations not raised during the Step 2 grievance process will not be addressed by an arbitrator (See Article 48, Section 8).

Signature:________________________ Date:__________________

b. Trivial or clearly mechanical errors not affecting the substantial rights of a party shall be disregarded at every stage of the proceedings under this Article. However, the failure to clearly provide all of the information on the grievance form is more than a trivial or clearly mechanical error and shall constitute a basis to remand the grievance for inclusion of such information.

Section 8. Procedures

This shall constitute the exclusive procedure available to unit employees for the resolution of grievances. The grievance meeting will be with the contractually designated management official and the employee with his/her designated Union representative. The designated management official may have necessary staff support for a full and accurate discussion of the grievance. Grievances may be filed electronically and grievance decisions may be issued electronically.

a. Step 1

(1) A grievance must be filed within twenty (20) workdays of when an employee knew or should have known of the alleged violation. This is applicable to all grievances under this Article unless a different timeframe is specified below. The date a grievance is filed will be determined by when it is personally delivered to or electronically received by the appropriate Agency official.
(2) All grievances other than those concerning merit staffing shall ordinarily be filed with the immediate supervisor, unless it is mutually determined that it should be filed elsewhere. This mutual determination is to be made between the servicing Labor Relations Officer and the Local's Agency Vice President. All grievances concerning merit staffing shall be filed with the servicing Human Resources Officer at Step 2, with Step 1 being automatically waived.
(3) When filing a grievance at Step 1, the grievant shall fully complete the grievance form as described in Section 7. The supervisor, the grievant, and the Union steward shall have five (5) workdays from the filing of the grievance to meet and discuss the grievance. The meeting shall be arranged with the Union steward. The supervisor will communicate the decision on the grievance in writing within five (5) workdays from the date of the meeting.
(4) Representation at Step 1 shall be provided by a steward in the same Agency as the grievant, unless a steward from another jurisdiction is appointed by the President in accordance with Article 45, Section 3.
(5) If no decision is rendered in a timely fashion, the grievant or Union may appeal to Step 2.

b. Step 2

(1) A grievance may be appealed to Step 2 of this procedure within ten (10) workdays of receipt of a decision unsatisfactory to the aggrieved employee(s) or, if no timely decision is issued at Step 1, within (10) workdays after the grievance reply was due at Step 1. An appeal shall be filed by completing the Step 2 portion of the grievance form.
(2) The Step 2 appeal shall be filed with the senior career program official in the same program as the grievant, designated by the agency. The Step 2 appeal shall be considered filed when it is personally delivered to or electronically received by the appropriate Agency official. The grievant or the Union representative will provide a courtesy copy to the immediate supervisor and the Agency Labor Relations Officer. If the appeal is filed with the wrong Agency official, Management shall forward it to the correct official and so notify the grievant and Union representative.
(3) A merit staffing grievance is filed at Step 2 with the servicing Human Resources Officer within twenty (20) workdays of when an employee and/or the Union has learned of the alleged violation.
(4) The Agency official, grievant, and designated Agency Union representative shall have ten (10) workdays from the filing of the Step 2 appeal to meet and discuss the grievance. The meeting shall be arranged with the Union representative. The Agency official shall render a written decision to the grievant and Union representative within five (5) workdays of the Step 2 meeting. If no decision is rendered in a timely fashion, the Union may proceed to invoke the grievance to arbitration.

Section 9. Union Grievances

This shall constitute the exclusive procedure available to the Union for the resolution of grievances.

a. A grievance initiated by the Union must bear one signature of an official(s) or representative(s) designated by the President or Executive Vice President of Local 12.
b. Union-Filed Institutional Grievances
A grievance filed by Local 12 which does not seek personal relief for a particular employee or group of employees, but rather expresses Local 12's disagreement with Management's interpretation or application of the Agreement and which seeks an institutional remedy, shall be processed as follows:

(1) On a matter involving more than a single DOL Agency, the grievance shall be filed with the Office of Employee and Labor-Management Relations. If the matter has not been resolved after ten (10) workdays of the receipt of the grievance, Local 12 may invoke arbitration within the next twenty-five (25) workdays.
(2) On a matter specific and limited to a single DOL Agency, the grievance shall be filed with the Administrative Officer. If the matter has not been resolved after ten (10) workdays of the receipt of the grievance, Local 12 may invoke arbitration within the next twenty-five (25) workdays.
(3) A grievance filed in accordance with paragraphs (1) or (2) above must be filed within twenty (20) workdays of when the Union knew or should have known of the alleged violation.

c. Union-Filed Employee Grievances

(1) If the Union files a grievance seeking personal relief for an individual employee or group of employees, the grievance(s) should be filed in accordance with the procedures delineated in Article 47, Section 8, just as if the affected employee(s) had initiated the grievance(s).
(2) Where mutually agreeable by the parties, Union-filed grievances on the same matter on behalf of two (2) or more employees may be processed as a single grievance for the purpose of resolving the grievances.

(a) If the employee grievants are under the supervision of a single supervisor, the Step 1 grievances may be consolidated as a single grievance with that supervisor.
(b) If the employee grievants are under the supervision of different supervisors within a single DOL Agency, the grievances may be consolidated with the Agency Administrative Officer at Step 2. If the matter has not been resolved after ten (10) workdays of the consolidation, Local 12 may invoke arbitration within the next twenty-five (25) workdays.
(c) If the employee grievants are under the supervision of different supervisors in more than one (1) DOL Agency, the grievances may be consolidated and filed at Step 2 with OELMR. If the matter has not been resolved after ten (10) workdays of the consolidation, Local 12 may invoke arbitration within the next twenty-five (25) workdays.

Section 10. Department of Labor Grievances

If the Department of Labor wishes to file a grievance, the Director of OELMR will sign and file a written grievance with the Local 12 President within twenty (20) workdays of when the Department knew or should have known of the alleged violation. The grievance will detail the nature of the harm, the violations of law, rule, regulation, and/or collective bargaining agreement violated, and the relief requested. If the grievance is not resolved, the Local 12 President shall issue a written decision within ten (10) workdays. Upon receipt of the decision, the Director may, within ten (10) workdays, invoke the grievance to arbitration. The Director may also invoke the grievance to arbitration within ten (10) workdays of when the decision of the Local 12 President is due.

Section 11. Grievance Procedure for Adverse and Performance-Based Actions

An employee who wishes to appeal an adverse action or performance-based action decision may file an appeal with the MSPB or a grievance under this article, but not both. An employee shall be deemed to have exercised his/her option depending upon which forum the employee files in first. Similarly, if an employee raises an allegation of discrimination in connection with an adverse action, the employee may elect to file only one of the following: a grievance, or an appeal to the MSPB, or a formal EEO complaint. An employee shall be deemed to have exercised his/her option depending upon which forum the employee files in first.

When an employee elects to appeal an adverse action or performance based action under the negotiated grievance/arbitration procedure, Steps 1 and 2 of the grievance procedure are waived. The Union must proceed to invoke arbitration within twenty-five (25) workdays of the date of the decision by filing a completed grievance form signed by the grievant.

Section 12. Invocation of Arbitration

Upon receipt of the Step 2 decision or if no decision is rendered in a timely fashion, the Union or the Department respectively, within twenty-five (25) workdays, may invoke arbitration by giving notice of such intent to the other (Director of OELMR or the Union) as provided in Article 48 of this Agreement.

Section 13. Grievability/Arbitrability

If either the Department or the Union considers a grievance non-grievable or non-arbitrable, it should communicate such determination to the other party in writing and this will become part of the record. While such notice should be provided as early as possible, either party reserves the right to assert jurisdiction at any time.

Section 14. Termination of Grievance

A grievance shall terminate only at the employee's request, with Union approval, or for failure to proceed to the next step in a timely fashion, or if an arbitrator renders a decision, or a final decision is rendered on an appeal from the arbitrator's decision.

Section 15. Modification of Procedures

a. The time limits delineated in this Article may be modified by mutual written agreement of the parties. Absent such mutual consent, the failure to timely file an initial grievance, timely appeal the grievance to Step 2, or timely invoke the grievance to arbitration shall result in a dismissal of the grievance.
b. The parties may mutually agree in writing to waive Step 1 or 2 of this procedure.
c. For expeditious processing of grievances, the parties, by mutual agreement, may consolidate grievances concerning similar issues into a single grievance.
d. No issues/allegations shall be raised in the appeal/arbitration of a grievance which were not contained in the Step 2 grievance process.

Section 16. Failure to Meet Requirements

a. Failure to sign or date a grievance form will have the effect of nullifying the grievance. An electronic grievance will be considered filed and signed by the sender on the date received.
b. Failure on the part of an aggrieved employee to prosecute his/her grievance within the stated time periods at any Step of this procedure will have the effect of nullifying the grievance.
c. Failure on the part of the Local 12 or the Department to prosecute its grievance, filed in its own behalf within the stated time periods at any Step of this procedure will have the effect of nullifying the grievance.
d. Failure on the part of Department to meet any of the time requirements of this procedure will permit the aggrieved employee or the Local 12 to move to the next Step.