U.S. Office of Personnel Management - Ensuring the Federal Government has an effective civilian workforce

Negotiated Grievance Procedure

If you think you have been the victim of sexual orientation discrimination, you may also wish to contact the union that represents you.

Employees who are in a certified bargaining unit, that is, who are represented by a duly recognized labor organization and covered by a collective bargaining agreement, may file grievances in accordance with 5 U.S.C. § 7121.

• The definition of a grievance is contained in 5 U.S.C. § 7103(a)(9), but generally permits an employee to complain about most matters relating to employment.
• Certain subject matters are excluded from the negotiated grievance procedure. These include complaints related to retirement, life insurance, and health insurance.
• Unless specifically excluded from the grievance procedures by collective bargaining agreement, a grievance may allege the commission of a prohibited personnel practice, including one related to sexual orientation discrimination.
• Employees must elect to use one of the following avenues: the negotiated grievance procedure, the appellate procedures of MSPB (if the action is appealable to MSPB), or the procedures for asking the Special Counsel to seek corrective action from the MSPB. The rules governing the election are set forth in 5 U.S.C. § 7121(g).
• As part of the negotiated grievance procedure, the union that represents the employee may elect to place the dispute before an arbitrator who is usually jointly selected by the union and the agency as provided in the collective bargaining agreement. Grievants may not take the case to arbitration on their own.
• Under current law, an arbitrator hearing a case concerning an alleged prohibited personnel practice may:
  1. Stop any personnel action from taking place while he or she is hearing the case if the arbitrator determines that there are reasonable grounds to believe that a prohibited personnel practice has been committed or will be committed.
  2. Order the taking by an agency of certain disciplinary action against the person committing the prohibited personnel practice.
• The rules for appealing adverse arbitration decisions differ depending upon the subject of the grievance. Generally, matters that may be heard by MSPB may be appealed to the United States Court of Appeals for the Federal Circuit. Otherwise, they may be appealed to the Federal Labor Relations Authority (FLRA). Ordinarily, one may not appeal a decision of the Federal Labor Relations Authority arising from arbitration in the courts.

  However, it is important to become informed about the proper appeals route in any particular circumstance.

For Additional Information about the Federal Labor Relations Authority

The Federal Labor Relations Authority is an independent body that provides leadership in establishing policies and guidance relating to the Federal labor law. Among its functions is to receive and rule on "exceptions," that is, appeals from arbitral awards resulting from grievances. The Federal Labor Relations Authority's telephone number is (202) 482-6560.

The Federal Labor Relations Authority's web site is http://www.access.gpo.gov/flra