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Negotiated Grievance Procedure/Arbitration

Employee Options  |  Scope and Coverage  |  Stays
Time Limits  |  Miscellaneous


Employee Options
  1. Making disciplinary and adverse actions appealable under the Veterans Affairs appellate procedure of Title 38 or under the negotiated grievance procedure. AFGE, Local 3669 AFL–CIO, 4 FLRA 391, Article XXIV, Sections 2 and 3 [N]. Set aside in Minneapolis Veterans Affairs Medical Center v. Federal Labor Relations Authority, 705 F.2d 953 (8th Cir. 1982).
  2. Giving employee right to use both negotiated grievance procedure and statutory system to process discrimination complaint. AFGE, AFL–CIO, Local 3486, Grievance Procedure, Section 4, 5 FLRA 209, Section 4 [NN]
  3. Granting the bargaining unit employees the option to choose either the negotiated grievance procedure or a statutory procedure with respect to any matter not expressly excluded by the grievance procedure. AFGE, AFL–CIO, Local 2955, 5 FLRA 617, [NN]
  4. Permitting an employee the option of raising any matter not expressly excluded from the parties’ negotiated grievance procedure either under that procedure or under a statutory appeal procedure. AFGE, AFL–CIO, Local 2904, 7 FLRA 188, Article 15, Section 3 [NN]
  5. Giving employees the option of choosing either the negotiated grievance procedure or the statutory procedure with respect to any matter covered by the negotiated procedure. NTEU, 8 FLRA 3, Proposal 3 [NN]
  6. Conferring the right to file discrimination complaints under either the negotiated or the statutory procedure. AFGE, AFL–CIO, Local 3098, 8 FLRA 7, Section 4 [N]
  7. Giving Title 38 employees the right to choose between statutory and negotiated procedures when grieving or appealing removals, reduction in force, long term suspension and performance based actions. NFFE, Council of Consolidated Veterans Administration Locals, 16 FLRA 364, Article 7, Section 2 [NN]
  8. Allowing an employee to invoke the negotiated arbitration procedure. NFFE, Local 1437, 17 FLRA 615, Proposal 1 [NN]
  9. If neither union nor the agency invokes arbitration the employee will be considered to have exhausted his administrative remedies. NFFE, Local 1437, 17 FLRA 615, Proposal 2 [NN]
  10. Allowing nonappropriated fund employees the option of grieving performance based adverse action through either the negotiated grievance procedure or the agency administrative procedure. AFGE Local 1799, 22 FLRA 575, Provision 1 [NN]
  11. Unit employees will have access to the agency grievance procedure for matters not covered by the negotiated procedure. IFPTE, Local No. 4, AFL–CIO–CLC, 25 FLRA 895 [N]
  12. Providing employees a choice of appealing any reduction in force action to the Merit Systems Protection Board or through the negotiated grievance procedure. NAGE, Local R1–144, SEIU, AFL–CIO, 25 FLRA 964, Proposal 2 [NN]
  13. An employee might be represented in a negotiated grievance procedure by either union representative or a representative approved by the president of the union. AFGE, Local 1858, 27 FLRA 69, Provision 1 [N]
  14. Establishing a negotiated grievance procedure which would exclude any action taken by the Chief Medical Director on the basis of Disciplinary Board recommendation. Illinois Nurses’ Association, 28 FLRA 212, Proposal 11 [N]
  15. Since this section defines grievance subject to the negotiated grievance procedures as excluding matters covered by title 38, United States Code, section 4110, the grievance procedure is the exclusive procedure for resolving employees grievances, except for matters covered by sections 7121(d) and (e). Illinois Nurses’ Association, 28 FLRA 212, Proposal 11, Section 2 [N]
  16. The union or someone approved by the union shall be the employee’s representative. Illinois Nurses’ Association, 28 FLRA 212, Article XIX, Section 3 [N]
  17. Permitting the filing of Equal Employment Opportunity complaints through the negotiated grievance procedure. AFGE, AFL–CIO, Local 1770, 28 FLRA 493, Article 7, Section 4 [N]
  18. Allowing employees to challenge under the negotiated grievance procedure the agency’s compliance with its regulations in designating their positions as subject to drug testing. NFFE, Council of GSA Locals, 41 FLRA 728 [N]
  19. Where a bargaining unit employee has a grievance against a supervisor or manager, the employee may choose whether or not to use the ADR process, and if the employee chooses to use the ADR process, the supervisor's participation is mandatory. IFPTE, Local 29 Goddard Engineers, Scientists & Technicians Association, 61 FLRA 382, Proposal 5.0 [NN, LAW]

Scope and Coverage

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    National Guard

    1. A grievance procedure which does not specifically exclude adverse action appeals where such appeals were alleged to be statutorily limited to agency–wide regulations. NAGE, Locals R14–87, R12–130, R12–145, ACT North and South Alabama Chapters, 3 FLRA 853 [N]
    2. In which appeals of adverse actions were not expressly excluded from the scope of the grievance and arbitration proceedings where such appeals were allegedly statutorily limited to agency–wide regulations. AFGE, AFL–CIO, Local 3004, et al., 3 FLRA 894 [N]
    3. Grievances involving reductions in force and adverse actions to be covered by the negotiated grievance procedure where such appeals were allegedly statutorily limited to agency–wide regulations. NAGE, Local R–12 132, 5 FLRA 201 [N]. Reversed in California National Guard v. Federal Labor Relations Authority, 69 F.2d 874 (9th Cir. 1983).
    4. Grievances involving reductions in force and adverse actions to be covered by the negotiated grievance procedure where such appeals were allegedly statutorily limited to agency–wide regulations. AFGE, AFL–CIO, Local 3486, 5 FLRA 209 [N]. Set aside in New Jersey Air National Guard v. Federal Labor Relations Authority, 677 F.2d 276 (3rd Cir. 1982).
    5. Providing for a grievance and arbitration procedure which included within its coverage matters relating to appeals of adverse actions by National Guard technicians. ACT, Pennsylvania State Council, 7 FLRA 346 [N]. Reversed in Pennsylvania National Guard v. Federal Labor Relations Authority, 685 F.2d 93 (3rd Cir. 1982).
    6. Establishing the scope and coverage of the negotiated grievance procedure. AFGE, AFL–CIO, Local 2953, 7 FLRA 712, Proposals I–III [N]
    7. Including within the scope and coverage of the negotiated grievance procedure matters relating to appeals of adverse actions involving National Guard technicians as well as providing the employee an option to appeal an adverse action through the statutory or negotiated procedure. AFGE, Local 3098, 7 FLRA 750, Proposals I and II [N]. Set aside in Indiana National Guard v. Federal Labor Relations Authority, 712 F.2d 1187 (7th Cir. 1983).
    8. Including adverse actions involving National Guard technicians within the scope of the negotiated grievance procedure and permitting employees an option of the negotiated or statutory procedure for adverse actions. AFGE, AFL–CIO, Local 3098, 8 FLRA 7, Section 4 [N]. Set aside in Indiana Air National Guard, Hulman Field v. Federal Labor Relations Authority, 712 F.2d 1187 (7th Cir. 1983).
    9. Grievability of reduction in force actions involving National Guard technicians. ACT, Pennsylvania State Council, 14 FLRA 38 [NN]

    Performance

    1. Permitting grievances that challenge the agency’s identification of the critical elements of a position and the establishment of performance standards. AFGE, AFL–CIO, Local 1968, 5 FLRA 70, Proposal 4 [NN]
    2. Performance standards may be challenged through the negotiated grievance procedure. AFGE, AFL–CIO, Local 1968, 5 FLRA 70, Proposal 4 [NN]
    3. The negotiated grievance procedure extends to all disciplinary actions including those taken as a result of a performance appraisal. AFGE, AFL–CIO, Local 1968, 5 FLRA 70, Proposals 4 and 5 [N]
    4. Performance standards may be challenged through the negotiated grievance procedure. AFGE, AFL–CIO, National Council of CSA Locals, 5 FLRA 748, Article 9, Section 9 [NN]
    5. Allowing grievances under the negotiated grievance procedure regarding a performance appraisal itself. AFGE, AFL–CIO, Local 3804, 7 FLRA 217, Proposal 7 [N]
    6. Subjecting disputes over the establishment of critical elements and performance standards to the negotiated grievance procedure. AFGE, AFL–CIO, Local 2192, 9 FLRA 716, Proposal 5 [NN]
    7. Establishing the negotiated procedure as the sole procedure for a performance appraisal system for bargaining unit employees. AFGE, AFL–CIO, Local 3477, 14 FLRA 427, Proposal 1 [N]
    8. Making the application of performance standards subject to grievance and arbitral review. AFGE, AFL–CIO, Local 1799, 26 FLRA 926, Article 27, Provision 3 [N]
    9. Establishing an advisory board under the negotiated grievance procedure to review employees’ performance appraisal grievances. IAMAW, Local 2297, 36 FLRA 28, Provision 3 [N]
    10. Allowing non–preference eligible excepted service employees completing one year of continuous employment to arbitrate, with consent of the union, unacceptable performance disciplinary actions. NTEU, 52 FLRA 1265, Proposal 2 [NN, LAW]
    11. Permitting a technician to grieve the content of a performance standard that does not correspond to that employee's position description or that does not accurately reflect the actual duties performed by that employee. ACT, Roughrider Chapter, 56 FLRA 256, Provision 3 [N]

    Probationary Employees

    1. Not excluding grievances concerning the separation of a probationary employee from the scope of the negotiated grievance procedure. AFGE, Local 547, AFL–CIO, 4 FLRA 368, Proposal 1 [N]
    2. Subjecting the termination of a probationary employee to the negotiated grievance procedure on the basis of whether the action is reasonable and not arbitrary and capricious. AFGE, AFL–CIO, Nat. Immigration & Nat. Council, 8 FLRA 347, Proposal 11 [N]. Reversed in Immigration and Naturalization Service v. Federal Labor Relations Authority, 709 F.2d 724 (D.C. Cir. 1983).
    3. Subjecting to negotiated grievance arbitration the procedures and evidence used to remove probationary employees. NFFE, Local 29, 20 FLRA 788, Section 2 [NN]
    4. Subjecting the negotiated grievance procedure to the termination of probationary employees where discrimination is alleged. NTEU, 25 FLRA 1067, Proposal 6 [NN]
    5. Obligating the agency to reconsider its decision to terminate a probationer. NTEU, 30 FLRA 502, Proposal 4 [NN]
    6. Giving probationary employees certain procedures protection––i.e., written notice of specific short comings and counseling before termination. AFGE, AFL–CIO, Local 1625, 30 FLRA 1105, Provision 7 [NN]
    7. Permitting probationary employees to challenge procedural matters relating to termination through the negotiated grievance procedures. Bremerton Metal Trades Council, 32 FLRA 643, Provision 8 [NN]
    8. Concerning the termination of probationary employees. NTEU, 39 FLRA 848, Provision 1 [NN]
    9. Establishing procedures governing the termination of probationary employees. NTEU, 40 FLRA 849, Article 28, Section 2–4 [NN]
    10. Providing certain procedural protection for probationary employees. NTEU, 46 FLRA 696, Provision 33 [NN]
    11. Requiring management to allow probationary employees an opportunity to respond to supervisory recommendations concerning their retention or termination. NTEU, 46 FLRA 696, Provision 34 [NN]

    Promotion

    1. Non–selection of re–promotion eligible is covered by the negotiated grievance procedure. AFGE, AFL–CIO, Local 2782, 6 FLRA 314, Proposals B and J [N]
    2. Including within the coverage of the parties' negotiated grievance procedure grievances concerning ratings and referrals under the agency's career management program. NFFE, Local 15, 9 FLRA 478 [N]
    3. Allowing employees on a priority placement list to grieve non-selection from the list for positions outside the bargaining unit. AFSCME, AFL–CIO, Local 2830, 18 FLRA 238 [NN]
    4. Allowing an employee to grieve a promotion action in matters involving alleged violations of title 5, United States Code, sections 7102, 2302, or 7114. NTEU, 31 FLRA 181, Proposal 4 [N]
    5. Allowing bargaining unit employees applying for promotion, such as a supervisory position, to file a grievance when staffing rules are not followed. AFGE, Local 12, 60 FLRA 533, Proposal 6, Article 43, Section 7a(3) [PN, (b)(1)]

    Statutory Appeals

    1. The sole exclusion from the grievance procedure will be those matters that are subject to statutory appeal procedures. AFGE, AFL–CIO, Local 3669, 3 FLRA 311, Article XXII, Section 2 [N]
    2. The sole exclusion from the grievance procedure will be those matters that are subject to statutory appeal procedures. AFGE, AFL–CIO, Local 2442, 4 FLRA 156, Article 22, Section 2(D) [N]
    3. Establishing a negotiated grievance procedure, to exclude actions covered by the procedures of title 38, United States Code, section 4110. Illinois Nurses’ Association, 27 FLRA 714, Proposal 2 [N]
    4. The union and the agency retain their statutory appeals rights regarding Equal Employment Opportunity complaints. AFGE, AFL–CIO, Local 1770, 28 FLRA 493, Provision 1, Section 7 [N]
    5. Establishing grievance and arbitration procedures for registered nurses and explicitly exclude from their coverage any matter to which a method of review is prescribed by law. VA Staff Nurses Council, AFL–CIO, Local 5032, 29 FLRA 849, Proposals 1 and 2 [N]
    6. Allowing excepted service employees to grieve disciplinary actions. NTEU, 31 FLRA 181, Provision 4 [N]
    7. Allowing Schedule A employees to be fully covered by the parties’ negotiated grievance procedure. NTEU, 31 FLRA 993 [N]. Reversed in Health and Human Services v. Federal Labor Relations Authority, No. 88-7192 (9th Cir. 1990).
    8. Giving excepted service employees certain appeal rights under the agreement. NTEU, 30 FLRA 656, Articles 5 & 6 [N]. Reversed in Treasury v. Federal Labor Relations Authority, 873 F.2d 1473 (D.C. Cir. 1989).
    9. Concerning actions for unacceptable performance, disciplinary actions, adverse actions, the parties’ negotiated grievance procedure, and an expedited arbitration procedure. NTEU, 39 FLRA 346, Provisions 4–8 [N]
    10. Part–time hybrid title 38 employees, who do not have the statutory right to appeal adverse actions to MSPB, may appeal adverse actions that are not based solely on unacceptable performance through the negotiated grievance and arbitration procedures set forth in the parties agreement. SEIU, Local 200–C, 56 FLRA 1080 [NN, LAW]

    Temporary Employees

    1. Subjecting to negotiated grievance arbitration the procedures and evidence used to remove temporary employees. NFFE, Local 29, 20 FLRA 788, Section 2 [N]
    2. Nothing shall prevent temporary employees from grieving performance actions and actions taken for cause under the parties' negotiated grievance procedure. AFGE, AFL–CIO, Council of Marine Corps. Locals, Council 240, 39 FLRA 839, Section 2 [NN]
    3. Allowing intermittent and temporary nonappropriated fund employees to contest terminations for cause through the negotiated grievance procedure. NAGE, Local R5–82, 43 FLRA 25, Provision 6 [N]
    4. Permitting temporary employees to contest disciplinary terminations through the negotiated grievance procedure. United Power Trades Organization, 44 FLRA 1145, Proposal 8 [NN]

    Miscellaneous

    1. Not providing for any specific exclusions from the scope of the negotiated grievance procedure. AFGE, AFL–CIO, Local 3354, 3 FLRA 321 [N]
    2. Seeking to enforce merit system principles and prohibited personnel practices through the negotiated grievance procedure. NTEU, 3 FLRA 693, Proposals 2 and 3 [N]
    3. Subjecting contracting out determinations to review under the negotiated grievance procedure. AFGE, AFL–CIO, Local 3403, 6 FLRA 669, Proposals 1 and 2 [NN]
    4. Permitting unit employees to grieve the denial of claims for early retirement through the negotiated grievance procedure. Maritime/Metal Trades Council, 18 FLRA 326, Proposal 1 [NN]
    5. Allowing employees to use the negotiated grievance and arbitration procedure to appeal actions resulting from summary hearings and trial boards of the Chief of the U.S. Park Police. Police Association of the District of Columbia, 18 FLRA 348, Section 1 [NN]
    6. Including within the scope of the grievance procedure changes in work assignments that result from disciplinary actions. Joint Council of Unions, GPO, 25 FLRA 1033, Proposal 1 [N]
    7. The agreement, including the negotiated grievance procedure, the arbitration procedure, and the adverse action article will apply to excepted service employees. NTEU, 25 FLRA 1110 [N]. Reversed in Health and Human Services v. Federal Labor Relations Authority, 858 F.2d 1278 (7th Cir. 1988).
    8. Establishing a period during which newly–hired intermittent employees could be discharged or disciplined without having the right to grieve the actions. SEIU, Local 556, AFL–CIO, 26 FLRA 801, Section 3(k) [N]
    9. Subjecting the termination of employees to review under the parties negotiated grievance procedure in cases in which discrimination is alleged. AFGE, AFL–CIO, Local 1409, 27 FLRA 869, Article 27, Section 27.02(d)(7) [NN]
    10. Defining the term grievance. AFGE, AFL–CIO, Local 1770, 28 FLRA 493, Provision 6 [N]
    11. Establishing a broad scope grievance procedure to resolve disputes arising out of Government contracts. West Point Elementary School Teachers' Association, NEA, 29 FLRA 1531 [N]
    12. Incorporating within the scope of the negotiated grievance procedure grievances initiated by attorneys employed in the unit concerning disciplinary and adverse actions. NTEU, 39 FLRA 27, Provisions 16 and 17 [N]

Stays

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  1. Stays of grieved suspensions and removals are negotiable. AFGE, AFL–CIO, Local 1999, 2 FLRA 153 [N]
  2. 50–day stays of suspensions pending final decision on the grievance. NTEU, Chapters 103, 111, 2 FLRA 148, Article 32, Section 2 [N]
  3. Staying grieved personnel actions pending final decision on the grievance. AFGE, AFL–CIO, Local 547, 4 FLRA 368, Proposal III [N]
  4. A stay of a pending or proposed personnel action pending the final decision on appeal. AFGE, AFL–CIO, Local 3098, 8 FLRA 7, Section II [N]
  5. Staying actions until a grievance is finally resolved. International Organization of Masters, Mates and Pilots, 11 FLRA 115, Provision 2 [N]
  6. Agency to delay a performance-based adverse action for 120 days. AFSCME, Local 3097, 24 FLRA 453, Proposal 3 [NN]
  7. Suspending the permanent reassignment, or transfer, of an employee, pending the resolution, through the negotiated grievance procedure, of all grievances and equal employment opportunity complaints regarding the transfer. AFGE, AFL–CIO, Local 1760, 28 FLRA 160, Provision 4 [N]

Time Limits

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  1. Failing to observe the negotiated grievance procedure’s time limits means that management agrees with the position of the grievant. AFGE, Local 547, AFL–CIO, 4 FLRA 368, Proposal 11 [N]
  2. The time limits for filing a grievance over alleged discrimination starts with the date of the employee’s final interview with the Equal Employment Opportunity counselor. AFGE, AFL–CIO, National Immigration and Naturalization Service Council, 27 FLRA 467, Provision 1 [N]

Miscellaneous

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  1. The head of an agency to sign management’s grievance. AFGE, AFL–CIO, Local 32, 14 FLRA 278 [NN]
  2. Excluding the agency from access to the negotiated grievance and arbitration procedure. LIUNA, AFL–CIO–CLC, Local 1267, 14 FLRA 686, Proposals 8 and 9 [NN]
  3. Allowing non–union representation in grievances under the negotiated grievance procedure alleging discrimination. NFFE, Local 1001, 15 FLRA 804, Provision 1 [NN]
  4. Establishing who may file a grievance on behalf of the union and when and where it must be filed. National Weather Service Employees Organization, 22 FLRA 727, Section 9 [N]
  5. Empowering Federal Mediation and Conciliation Service to select an arbitrator when the agency refuses to participate in arbitrator selection. AFSCME, Local 2478, 24 FLRA 87, Proposal 2 [N]
  6. Establishing a negotiated grievance and arbitration procedure for medical employees. Colorado Nurses’ Association, 25 FLRA 803, Proposal 1 [N]
  7. Requiring union approval of employee representative in any grievance or appeal action. AFGE, AFL–CIO, Local 1858, 27 FLRA 69, Provision 1 [N]
  8. Defining the term grievance consistent with the Statute. Fort Knox Teachers’ Association, 27 FLRA 203, Provision 2 [N]
  9. An arbitrator’s award will be final and binding. Fort Knox Teachers’ Association, 27 FLRA 203, Provision 3 [N]
  10. Agency to implement arbitration decisions in all cases where no exceptions are taken. Illinois Nurses’ Association, 28 FLRA 212, Proposal 11, Section 7 [N]
  11. Establishing a negotiated grievance procedure. National Union of Hospital and Health Care Employees, AFL–CIO, District 1199, 28 FLRA 435, Proposals 4 and 5 [N]
  12. Preventing management officials who choose to delegate the decision making authority in a grievance from designating an official who has decided the issue at a previous step of the grievance. NFFE, Local 29, 29 FLRA 726, Provision 1 [N]
  13. Grievances derived from the section would be transmitted to Commanders at 1st step and then to 4th and Arbitration to expedite grievances. ACT, Pennsylvania State Council, 29 FLRA 1292, Proposal 7 [N]
  14. Permitting an employee who prevails in a grievance over the application of performance standards to transfer to another supervisor at the employee’s option. Patent Office Professional Association, 29 FLRA 1389, Proposal 13 [NN]
  15. Management will release to the union all grievances and decisions affecting employees who initiated grievances on their own behalf. MSPB Professional Association, 30 FLRA 852, Proposal 21 [N]
  16. Establishing a negotiated grievance procedure ending in binding arbitration. NFFE, Council of VA Locals, 31 FLRA 360, Proposal 1 [N]
  17. The union has the right to collect fees from non–members for arbitrating grievances on their behalf. NTEU, 38 FLRA 615, Provision 3 [NN]. Upheld in National Treasury Employees Union v. Federal Labor Relations Authority, No. 91-1048 (D.C. Cir. 1991).
  18. Providing for the payment of attorney fees to either an employee or the union where consistent with law. NTEU, 39 FLRA 27, Provision 18 [N]
  19. The point at which declarations of non-grievability and non–arbitrability must be made in the context of the parties' grievance and arbitration procedures. NTEU, 41 FLRA 1349, Provision 2 [N]
  20. When a grievance concerns the enforcement of rights provided employees by statute, the time limit for filing that grievance shall be the time limit established by statute for filing a claim under the appropriate legal procedures, if that time limit is longer than the contractual time limit for filing a grievance. United Power Trades Organization, 44 FLRA 1145, Proposal 9 [N]
  21. Addressing the parties’ selection of, and payment for, court reporting services for hearings and depositions. NFFE, Local 858, 47 FLRA 613 [N]
  22. Requiring the agency to use civilian terms of address in written communications with technicians involved in a dispute concerning conditions of employment. ACT, Chapter 21, 56 FLRA 526, Provision 3 [N]

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