Labor Relations
GSFC-GESTA Collective Bargaining Agreement
Article 16 Grievance Procedure
SECTION 16.01 The procedure described herein shall be the exclusive procedure available to all employees in the Units for resolving grievances in accordance with the Civil Service Reform Act of 1978. This Negotiated Grievance Procedure covers any matter of employee concern or dissatisfaction which is subject to the control of Center Management with the exception of a termination during a probationary period (which must be addressed through the Merit Systems Protection Board (MSPB) in accordance with law and regulation) and the exclusions cited in Section 16.02 below.
SECTION 16.02 This Negotiated Grievance Procedure does not apply to:
a. any claimed violation of subchapter III of Chapter 73 of Title 5 United States Code (USC) relating to political activities;
b. retirement, life insurance or health insurance;
c. a suspension or removal under Section 7532 of Title 5 USC;
d. any examination, certification or appointment; or
e. the classification of any position which does not result in the reduction in grade or pay of an employee.
SECTION 16.03 Grievances may be submitted by individual employees or groups of employees who have the same complaint. Employees may present grievances to Management and have them adjusted without the intervention of GESTA only if the adjustment is not inconsistent with the terms of this Agreement and GESTA has been given the opportunity to be present at any formal meetings held in processing and adjusting the grievance.
SECTION 16.04 To be considered under the procedures of this Article, employee grievances must be submitted in good faith and within a reasonable period of time. If the grievance concerns a particular action or occurrence, it must be submitted within fifteen (15) workdays of the date of the incident or action, or within fifteen (15) workdays after the employee first became aware of the matter. However, any leave of the employee should be excluded from either fifteen day period. Grievances relating to continuing actions (or occurrences) may be initiated at any time.
SECTION 16.05 Any formal complaint or grievance between an employee and Management shall be processed in accordance with the following steps:
STEP 1: An employee with a complaint or grievance shall first discuss the matter with his/her immediate supervisor and attempt to resolve the problem. If the grievance concerns a matter beyond the control of the supervisor, the employee shall be referred to the Management official or staff office having authority to deal with the grievance. The employee may be represented by his/her GESTA representative in presenting the grievance. The employee shall be provided a decision on the grievance within ten (10) workdays.
STEP 2: If a satisfactory settlement of the complaint has not been reached in STEP 1, within ten (10) workdays after receipt of the STEP 1 decision the grievance shall be reduced to writing and submitted to the Director of the directorate to which the grievant is assigned with a copy to the Labor Relations Officer. The written grievance must be dated, signed by the grievant(s) and include (1) specific information as to the basis for the grievance, (2) the remedial action requested, (3) the name of the employee's GESTA representative, if any, and (4) the dates and names of the supervisor or officials with whom the complaint was discussed in STEP 1. The employee shall be given a written decision within fifteen (15) workdays after the grievance is submitted at STEP 2 of this procedure. Prior to the decision at this step of the procedure, the Director of, or his/her designee, shall meet with the employee to discuss the grievance. If the employee has elected to have GESTA representation, both the designated representative and the responsible Area Vice President of GESTA, or his/her designee, may participate in this discussion. If the employee has not requested the assistance of GESTA, the GESTA Area Vice President, or his/her designee, shall be given the opportunity to be present at the meeting.
STEP 3: If the STEP 2 written decision does not resolve the grievance, the grievant has ten (10) workdays after receipt of the Step 2 decision to file a written request for reconsideration of the STEP 2 decision with the Center Director with a copy to the Labor Relations Officer. The employee and his/her GESTA representative, if any, shall be given the opportunity to make a personal presentation of the grievance to the Center Director or his/her designee. The GESTA President or his/her designee may also participate in the meeting held to present the grievance. The employee shall be given a written decision by the Center Director, or his/her designee, within twenty (20) workdays after the grievance is submitted at STEP 3 of this procedure.
If the Center Director delegates hearing the grievance, GESTA may request that the designee be reconsidered. Denial of the request is not subject to this Negotiated Grievance Procedure.
It is understood that normally no more than two (2) GESTA representatives will be present at the STEP 2 or STEP 3 grievance meeting.
SECTION 16.06 An appeal of a removal, reduction in force action, or suspension for more than fourteen (14) days will be initiated at STEP 3 of this Negotiated Grievance Procedure. Appeal of all other adverse actions, performance appraisals, or actions based on unacceptable performance will be initiated at STEP 2, except when the deciding official of the action being grieved is the Director of; in these cases the appeal will be initiated at STEP 3.
SECTION 16.07 A grievance of any personnel action that the grievant alleges was a result of discrimination based on race, color, religion, sex, national origin, age, disability, marital status, political affiliation, or sexual orientation will be initiated at STEP 2 of this Negotiated Grievance Procedure.
SECTION 16.08 When an employee is pursuing a grievance under this Article, Management shall ensure that the employee is aware of his/her right to have a GESTA representative present at any formal meeting scheduled by Management to discuss the grievance with the employee.
SECTION 16.09 Either GESTA or Management may file grievances concerning alleged violations of this Agreement. If GESTA is the aggrieved party, the written complaint shall be submitted to the Center Director with a copy to the Labor Relations Officer. If Management is the aggrieved party, the complaint shall be submitted to the GESTA President. The Center Director, or his/her designee, and the GESTA President shall meet within seven (7) workdays after receipt of the complaint to discuss the matter in dispute. A written decision shall be given the aggrieved party no later than seven (7) workdays after this meeting. If the aggrieved party is not satisfied, the issue in dispute may be referred to arbitration.
SECTION 16.10 Employees and their GESTA representatives shall be given a reasonable amount of work time to prepare and present grievances. The time provided shall include time to review official records and documents which may be material to the issues in the grievance, or evidence relied upon for an adverse or disciplinary action. Access to such records and documents may vary widely from case to case depending on the nature of the grievance and the complexity of the issues. Necessary records and documents that are relevant shall be made available to the employee and his/her GESTA representative upon request.
SECTION 16.11 All time limits provided in this Article may be extended by mutual agreement of the parties, provided that a request for extension is presented prior to the end of the prescribed time limit.
SECTION 16.12 Questions that cannot be resolved by the parties as to whether or not a grievance is on a matter subject to this Negotiated Grievance Procedure or is subject to arbitration may be submitted to arbitration for a grievability/arbitrability determination. It is understood by the parties that the Federal Mediation and Conciliation Service may respond to a unilateral request for a list of arbitrators.
SECTION 16.13 Selection of this Negotiated Grievance Procedure in no manner prejudices the right of an aggrieved employee to request the MSPB to review the final decision pursuant to Section 7702 of Title 5 USC in the case of any personnel action that could have been appealed to the MSPB or, where applicable, to request the Equal Employment Opportunity Commission (EEOC) to review a final decision in any other matter involving a complaint of discrimination of the type prohibited by any law administered by the EEOC.
SECTION 16.14 If an employee or group of employees withdraws a grievance or leaves the Bargaining Unit for any reason including death before pursuing it to the final step and GESTA believes the issue in the grievance involves a violation of this Agreement, the matter may be submitted as a GESTA grievance under the procedure provided in Section 16.09 of this Article.
SECTION 16.15 The parties
may by mutual consent negotiate during the life of this Agreement an alternative dispute
resolution procedure. Such procedure, if negotiated, shall not impinge on the exclusivity
of this Negotiated Grievance Procedure but will be supplemental to it.
--Alternative Dispute
Resolution MOU
