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U.S. Office of Personnel Management Negotiated
Grievance |
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U.S. Office of Personnel Management Negotiated
Grievance |
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1. Making disciplinary and adverse actions appealable under the Veterans Affairs appellate procedure of Title 38 or under the negotiated grievance procedure. Minneapolis Veterans Affairs Medical Center, 4 F 53 [N]. Set aside in Minneapolis Veterans Affairs Medical Center v. Federal Labor Relations Authority, 705 F.2d 953 (8th Circuit, 1982).
2. Giving employee right to use both negotiated grievance procedure and statutory system to process discrimination complaint. New Jersey Air National Guard, 5 F 26 [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 covered by the grievance procedure. Iowa National Guard, 5 F 86 [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. Community Service Agency, 7 F 28 [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. Customs Service, 8 F 1 [NN]
6. Conferring the right to file discrimination complaints under either the negotiated or the statutory procedure. Idaho Air National Guard, 8 F 2 [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. Washington Veterans Affairs Office, 16 F 58 [NN]
8. Allowing an employee to invoke the negotiated arbitration procedure. Army, 17 F 90 [NN]
9. If neither union nor the agency invokes arbitration the employee will be considered to have exhausted his administrative remedies. Army, 17 F 90 [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. Aberdeen Proving Ground, 22 F 62 [NN]
11. Unit employees will have access to the agency grievance procedure for matters not covered by the negotiated procedure. Portsmouth Naval Shipyard, 25 F 73 [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. Newport Naval Underwater Systems Center, 25 F 79 [NN]
13. An employee might be represented in an negotiated grievance procedure by either union representative or a representative approved by the president of the union. Redstone Arsenal, 27 F 14 [N]
14. Establishing an negotiated grievance procedure which would exclude any action taken by the Chief Medical Director on the basis of Disciplinary Board recommendation. Hines Veterans Affairs Medical Center, 28 F 35 [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). Hines Veterans Affairs Medical Center, 28 F 35 [N]
16. The union or someone approved by the union shall be the employee's representative. Hines Veterans Affairs Medical Center, 28 F 35 [N]
17. Permitting the filing of Equal Employment Opportunity complaints through the negotiated grievance procedure. Fort Bragg Schools, 28 F 66 [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. General Service Administration and National Federation of Federal Employees, 41 F 68 [N]
1. National Guard
A grievance procedure which does not specifically exclude adverse action appeals where such appeals were alleged to be statutorily limited to agency-wide regulations. Kansas, Nevada and Alabama National Guard, 3 F 124 [N]
In which appeals of adverse actions were not expressly excluded from the scope of the grievance and arbitration proceedings. Massachusetts, Oregon, and New Jersey National Guard, 3 F 130 [N]
Grievances involving reduction in forces and adverse actions to be covered by the negotiated grievance procedure. California National Guard, 5 F 25 [N]. Reversed in California National Guard v. Federal Labor Relations Authority, 697 F.2d 874 (9th Circuit, 1983).
Providing for a grievance and arbitration procedure which included within its coverage matters relating to appeals of adverse actions by National Guard technicians. Pennsylvania National Guard, 7 F 52 [N]. Reversed in Pennsylvania National Guard v. Federal Labor Relations Authority, 685 F.2d 93 (3rd Circuit, 1982).
Establishing the scope and coverage of the negotiated grievance procedure. Nebraska National Guard, 7 F 111 [N]
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. Indiana Air National Guard, 7 F 121 [N]. Set aside in Indiana National Guard v. Federal Labor Relations Authority, 712 F.2d 1187 (7th Circuit, 1983).
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. Indiana Air National Guard, 8 F 2 [N]. Set aside in Indiana Air National Guard, Hulman Field v. Federal Labor Relations Authority, 712 F.2d 1187 (7th Circuit, 1983)
Grievability of reduction in force actions involving National Guard technicians. Pennsylvania National Guard, 14 F 6 [NN]
2. Performance
Permitting grievances which challenge the agency's identification of the critical elements of a position and the establishment of performance standards. St. Lawrence Seaway Development Corporation, 5 F 14 [NN]
Performance standards may be challenged through the negotiated grievance procedure. St. Lawrence Seaway Development Corporation, 5 F 14 [NN]
The negotiated grievance procedure extends to all disciplinary actions including those taken as a result of a performance appraisal. St. Lawrence Seaway Development Corporation, 5 F 14 [N]
Performance standards may be challenged through the negotiated grievance procedure. Community Service Administration, 5 F 98 [NN]
Allowing grievances under the negotiated grievance procedure regarding a performance appraisal itself. Federal Deposit Insurance Corporation, 7 F 34 [N]
Subjecting disputes over the establishment of critical elements and performance standards to the negotiated grievance procedure. St. Louis Veterans Affairs Regional Office, 9 F 86 [NN]
Establishing the negotiated procedure as the sole procedure for a performance appraisal system for bargaining unit employees. Consumer Product Safety Commission, 14 F 67 [N]
Making the application of performance standards subject to grievance and arbitral review. Aberdeen Proving Ground, 26 F 107 [N]
Establishing an advisory board under the negotiated grievance procedure to review employees' performance appraisal grievances. Cherry Point Naval Aviation Depot, 36 F 5 [N]
Allowing non-preference eligible excepted service employees completing one year of continuous employment to arbitrate, with consent of the union, unacceptable performance disciplinary actions. Department of Commerce, Patent and Trademark Office and National Treasury Employees Union, 52 F 117 [NN, LAW]
3. Probationary Employees
Not excluding grievances concerning the separation of a probationary employee from the scope of the negotiated grievance procedure. Tampa Veterans Affairs Medical Center, 4 F 50 [N]
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. Immigration and Naturalization Service, 8 F 75 [N]. Reversed in Immigration and Naturalization Service v. Federal Labor Relations Authority, 709 F.2d 724 (D.C. Circuit, 1983).
Subjecting to negotiated grievance arbitration the procedures and evidence used to remove probationary employees. Kansas City District Army Corps of Engineers, 20 F 93 [NN]
Subjecting the negotiated grievance procedure to the termination of probationary employees where discrimination is alleged. Food and Nutrition Service, 25 F 90 [NN]
Obligating the agency to reconsider its decision to terminate a probationer. Agriculture, 30 F 67 [NN]
Giving probationary employees certain procedures protection--i.e., written notice of specific short comings and counseling before termination. Oceana Naval Air Station, 30 F 122 [NN]
Permitting probationary employees to challenge procedural matters relating to termination through the negotiated grievance procedures. Puget Sound Naval Supply Center, 32 F 94 [NN]
Concerning the termination of probationary employees. Federal Deposit Insurance Corporation and National Treasury Employees Union, 39 F 70 [NN]
Establishing procedures governing the termination of probationary employees. Internal Revenue Service and National Treasury Employees Union, 40 F 67 [NN]
Requiring management to allow probationary employees an opportunity to respond to supervisory recommendations concerning their retention or termination. Customs Service and National Treasury Employees Union, 46 F 67 [NN]
Providing certain procedural protection for probationary employees. Customs Service and National Treasury Employees Union, 46 F 67 [NN]
4. Promotion
Nonselection of repromotion eligible is covered by the negotiated grievance procedure. Census, 6 F 56 [N]
Including within the coverage of the parties' negotiated grievance procedure grievances concerning ratings and referrals under the agency's career management program. Rock Island Arsenal, 9 F 56 [N]
Allowing employees on a priority placement list to grieve nonselection from the list for positions outside the bargaining unit. Justice, 18 F 30 [NN]
Allowing an employee to grieve a promotion action in matters involving alleged violations of title 5, United States Code, sections 7102, 2302, or 7114. Customs Service, 31 F 22 [N]
5. Statutory Appeals
The sole exclusion from the grievance procedure will be those matters that are subject to statutory appeal procedures. Minneapolis Veterans Affairs Medical Center, 3 F 48 [N]
The sole exclusion from the grievance procedure will be those matters that are subject to statutory appeal procedures. Newark Veterans Affairs Medical Center, 4 F 26 [N]
Establishing a negotiated grievance procedure, to exclude actions covered by the procedures of title 38, United States Code, section 4110. North Chicago Veterans Affairs Medical Center, 27 F 79 (N]
The union and the agency retain their statutory appeals rights regarding Equal Employment Opportunity complaints. Fort Bragg Schools, 28 F 66 [N]
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. Wood Veterans Affairs Medical Center, 29 F 62 [N]
Allowing excepted service employees to grieve disciplinary actions. Customs Service, 31 F 22 [N]
Allowing Schedule A employees to be fully covered by the parties' negotiated grievance procedure. Health and Human Services, 31 F 78 [N]. Reversed in Health and Human Services v. Federal Labor Relations Authority, No. 88-7192 (9th Circuit, 1990).
Giving excepted service employees certain appeal rights under the agreement. Treasury, 30 F 81 [N]. Reversed in Treasury v. Federal Labor Relations Authority, 873 F.2d 1473 (D.C. Circuit, 1989).
Concerning actions for unacceptable performance, disciplinary actions, adverse actions, the parties' negotiated grievance procedure, and an expedited arbitration procedure. Social Security Administration and National Treasury Employees Union, 39 F 25 [N]
6. Temporary Employees
Subjecting to negotiated grievance arbitration the procedures and evidence used to remove temporary employees. Kansas City District Army Corps of Engineers, 20 F 93 [N]
Nothing shall prevent temporary employees from grieving performance actions and actions taken for cause under the parties' negotiated grievance procedure. Marine Corps and American Federation of Government Employees, 39 F 69 [NN]
Allowing intermittent and temporary nonappropriated fund employees to contest terminations for cause through the negotiated grievance procedure. Jacksonville Navy Exchange and National Association of Government Employees, 43 F 2 [N]
Permitting temporary employees to contest disciplinary terminations through the negotiated grievance procedure. Walla Walla Army Corps of Engineers and United Power Trades Organization, 44 F 93 [NN]
7. Miscellaneous
Not providing for any specific exclusions from the scope of the negotiated grievance procedure. Farmer Home Administration, 3 F 50 [N]
Seeking to enforce merit system principles and prohibited personnel practices through the negotiated grievance procedure. Internal Revenue Service, 3 F 112 [N]
Subjecting contracting out determinations to review under the negotiated grievance procedure. National Science Foundation, 6 F 114 [NN]
Permitting unit employees to grieve the denial of claims for early retirement through the negotiated grievance procedure. Panama Canal Commission, 18 F 43 [NN]
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. National Park Service, 18 F 46 [NN]
Including within the scope of the grievance procedure changes in work assignments which result from disciplinary actions. Government Printing Office, 25 F 86 [N]
The agreement, including the negotiated grievance procedure, the arbitration procedure, and the adverse action article will apply to excepted service employees. Health and Human Services, 25 F 94 [N]. Reversed in Health and Human Services v. Federal Labor Relations Authority, 858 F.2d 1278 (7th Circuit, 1988).
Establishing a period during which newly-hired intermittent employees could be discharged or disciplined without having the right to grieve the actions. Kaneohe Marine Corps Exchange, 26 F 95 [N]
Subjecting the termination of employees to review under the parties negotiated grievance procedure in cases in which discrimination is alleged. Baltimore General Publication Center, 27 F 95 [NN]
Defining the term grievance. Fort Bragg Schools, 28 F 66 [N]
Establishing a broad scope grievance procedure to resolve disputes arising out of Government contracts. West Point, 29 F 123 [N]
Incorporating within the scope of the negotiated grievance procedure grievances initiated by attorneys employed in the unit concerning disciplinary and adverse actions. Internal Revenue Service and National Treasury Employees Union, 39 F 5 [N]
1. Stays of grieved suspensions and removals are negotiable. Fort Dix, 2 F 16 [N]
2. 50-day stays of suspensions pending final decision on the grievance. Customs Service, 2 F 15 [N]
3. Staying grieved personnel actions pending final decision on the grievance. Tampa Veterans Affairs Medical Center, 4 F 50 [N]
4. A stay of a pending or proposed personnel action pending the final decision on appeal. Indiana Air National Guard, 8 F 2 [N]
5. Staying actions until a grievance is finally resolved. Panama Canal Commission, 11 F 29 [N]
6. Agency to delay a performance-based adverse action for 120 days. Justice, 24 F 49 [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. Social Security Administration, 28 F 26 [N]
1. Failing to observe the negotiated grievance procedure's time limits means that management agrees with the position of the grievant. Tampa Veterans Affairs Medical Center, 4 F 50 [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. Immigration and Naturalization Service, 27 F 68 [N]
1. The head of an agency to sign management's grievance. Office of Personnel Management, 14 F 51 [NN]
2. Excluding the agency from access to the negotiated grievance and arbitration procedure. Defense Logistics Agency, 14 F 91 [NN]
3. Allowing non-union representation in grievances under the negotiated grievance procedure alleging discrimination. Vandenberg Air Force Base, 15 F 154 [NN]
4. Establishing who may file a grievance on behalf of the union and when and where it must be filed. National Weather Service, 22 F 82 [N]
5. Empowering Federal Mediation and Conciliation Service to select an arbitrator when the agency refuses to participate in arbitrator selection. Commission on Civil Rights, 24 F 10 [N]
6. Establishing a negotiated grievance and arbitration procedure for medical employees. Fort Lyons Veterans Affairs Medical Center, 25 F 66 [N]
7. Requiring union approval of employee representative in any grievance or appeal action. Redstone Arsenal, 27 F 14 [NN]
8. Defining the term grievance consistent with the Statute. Fort Knox Dependent Schools, 27 F 34 [N]
9. An arbitrator's award will be final and binding. Fort Knox Dependent Schools, 27 F 34 [N]
10. Agency to implement arbitration decisions in all cases where no exceptions are taken. Hines Veterans Affairs Medical Center, 28 F 35 [N]
11. Establishing a negotiated grievance procedure . Dayton Veterans Affairs Medical Center, 28 F 65 [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. Military Entrance Processing Command, 29 F 60 [N]
13. Grievances derived from the section would be transmitted to Commanders at 1st step and then to 4th and Arbitration to expedite grievances. Pennsylvania National Guard, 29 F 102 [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. Commerce, 29 F 116 [NN]
15. Management will release to the union all grievances and decisions affecting employees who initiated grievances on their own behalf. Merit Systems Protection Board, 30 F 97 [N]
16. Establishing a negotiated grievance procedure ending in binding arbitration. Veterans Affairs, 31 F 32 [N]
17. The union has the right to collect fees from non-members for arbitrating grievances on their behalf. Internal Revenue Service, 38 F 57 [NN]. Upheld in National Treasury Employees Union v. Federal Labor Relations Authority, No. 91-1048 (D.C. Circuit, May 3, 1991).
18. Providing for the payment of attorney fees to either an employee or the union where consistent with law. Internal Revenue Service and National Treasury Employees Union, 39 F 5 [N]
19. The point at which declarations of nongrievability and nonarbitrability must be made in the context of the parties' grievance and arbitration procedures. Patent and Trademark Office, 41 F 104 [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. Walla Walla Army Corps of Engineers and United Power Trades Organization, 44 F 93 [N]
21. Addressing the parties' selection of, and payment for, court reporting services for hearings and depositions. Agriculture, Federal Crop Insurance Corporation and National Federation of Federal Employees, 47 F 54 [N]
Page created 6 March 1998
