GRIEVANCE
PROCEDURE
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.
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