GRIEVANCE PROCEDURE

Environmental Protection Agency, Region 2, New York, New York and Local 3911, American Federation of Government employees, AFL-CIO, Case No. 99 FSIP 41, May 17, 1999 (Release No. 420).

The UNION proposed the following:

Lost or Stolen E-Z Pass Tags: Employees' assessment and payment for improper charges or the loss of the E-Z Pass tag are subject to appropriate grievance proce dure. Employees shall not be required to pay the alleged principal amount due (plus any interest or penalty) until the grievance has been resolved or adjudicated. In the event the employee's grievance is denied, the employee shall be liable for the original principal due, plus interest or penalty, if any.

The AGENCY proposed the following:

Lost or Stolen E-Z Pass Tags: Should an employee be assessed for the loss of an E- Z Pass tag or for improper charges to the E-Z Pass while the tag is in his/her custody, the employee will be liable for payment subject to the Debt Collection Act, the Federal Claims Collection Standards, and other prevailing rules, laws and regulations. The employee will also have the right to grieve the action.

The PANEL ordered the parties to adopt the AGENCY's proposal.

GRIEVANCE PROCEDURE

Department of the Treasury, U.S. Customs Service, Washington, D.C. and National Treasury Employees Union, Case No. 98 FSIP 52, May 13, 1999 (Release No. 420).

The UNION proposed that the Panel modify the Factfinder's recommendations to--

(1) [A]llow the grievant the option of making an election to use the alternative process prior to completing the 90-day pre-complaint period, thus shortening the process;

(2) [E]liminate the Dispute Resolution Panel;

(3) [E]liminate mediation between the "responsible" Union and management officials or make it permissive;

(4) [M]ake mediation mandatory following production of the Report of Investigation (ROI);

(5) [R]educe the cap on the Union's share of the cost of each arbitration to $500; and

(6) [M]ove the triggering date of the ROI to the point at which the grievant elects to use the alternative process. In addition, the Union [requested] that the Panel clarify the Factfinder's recommendation to acknowledge expressly that grievants may seek resolution of any related non-EEO allegation through the alternative process as long as they are joined with an EEO claim.

The AGENCY proposed that the Panel--

(1) [A]dopt the Factfinder's recommended 90-day period for the pre-complaint stage or, alternatively, modify the recommendation to permit the grievant to make an election prior to completion of the 90-day period; however, the acceptance/dismissal stage should be moved so that it commences once the formal election is made, and the Employer should be allowed 40 to 60 days to make its acceptance/dismissal determination;

(2) [A]dopt the Factfinder's scheme which provides for alternative dispute resolution efforts at a point subsequent to the election of procedure but before commencement of the investigation or, alternatively, modify the Factfinder's recommendation to combine the Dispute Resolution Panel and Reviewing Officials phases into a single procedure consisting of a joint, two-person Dispute Resolution Panel that would hear both sides of the dispute, use mediation/facilitation assistance if mutually agreed to, and deliberate in an attempt to resolve the dispute;

(3) [A]dopt the Factfinder's recommendation that mediation following the ROI be permissive;

(4) modify the recommendation to require the Union to pay half of the cost of arbitration or, alternatively, adopt the Factfinder's recommendation of a cap of $750 on the Union's share of that cost;

(5) [A]dopt the recommendation establishing a triggering date for the ROI that follows the completion of deliberations by the Dispute Resolution Panel and/or Reviewing Officials; however, modify the Factfinder's recommendation to afford the grievant and appropriate EEO Officer and opportunity to review and comment on the investigative file prior to issuance of the ROI;

(6) [C]larify the Factfinder's recommendation to expressly limit use of the alternative process to EEO issues; and

(7) [M]odify the recommendation by establishing a [six]-month pilot of the alternative process, at the conclusion of which either party could seek to renegotiate any matter in the agreement underlying the alternative process.

The PANEL ordered the parties to adopt the FACTFINDER's recommendation.