The parties wish to foster an atmosphere of cooperation and mutual respect
between management and employees. To that end, supervisors and employees are
encouraged to communicate regularly with each other and discuss any problems or
concerns and try to resolve them informally. If such informal efforts are
unsuccessful, bargaining unit employees may utilize the grievance procedure as
prescribed in this Article.
Section 1. Purpose
a. The purpose of this Article is to provide a mutually acceptable method for a
prompt and equitable settlement of grievances/disputes.
b. This shall be the procedure through which a just, speedy, and inexpensive
determination of grievances is secured. Therefore, the parties agree that
grievances processed through this procedure should be resolved as early as
feasible and at the lowest cost and organizational level practicable.
c. Consistent with Article 3, Section 5 of this Agreement, bargaining unit
employees and their representatives who utilize the grievance process shall
be free from restraint, interference, coercion, discrimination or reprisal,
consistent with 5 U.S.C. Chapter 71 and this Agreement.
d. This shall be the exclusive procedure under this Collective Bargaining
Agreement available to the parties and employees in the bargaining unit for
the resolution of grievances.
Section 2. Alternative Dispute Resolution
a. The Department and Local 12 recognize that Alternative Dispute Resolution
(ADR) can serve as an effective tool to resolve labor-management disputes.
The benefits of ADR include avoiding protracted and costly litigation,
improving working relationships between management and labor, and
enhancing communication between employees and their supervisors.
Therefore, the parties agree to implement an ADR program.
b. Applicability – For individual employee grievances processed under the
jurisdiction of the Grievance Board under Section 8, ADR may be utilized to
resolve a grievance after the issuance of a Step II decision and prior to the
hearing of the case at the Grievance Board. For all other grievances, the
grievance may be submitted to ADR at any time after the grievance is filed.
c. Procedural Timeframes – When a grievance is submitted to ADR, the
timeframes for further processing the grievances will be suspended
commencing from the day on which the parties agree to proceed to ADR
and concluding when either party declares in writing their position to end
d. The ADR process may be any of the ADR techniques available within DOL’s
ADR Program (i.e., Mediation, Facilitation, and Interest Based Problem
Solving), utilizing mediators from the Federal Mediation and Conciliation
Service (FMCS) or the Shared Neutrals Program administered by the
Department of Health and Human Services. The Office of Employee and
Labor-Management Relations (OELMR) will have the responsibility, in
consultation with Local 12, of communicating with the mediation services
for obtaining the mediators, if applicable.
e. The grievant, a union representative, and a management official who can
resolve the issue and grant the remedy requested must participate during
the ADR Process. The parties agree that all information shared during the
ADR process shall be kept confidential and will not be admissible before an
arbitrator or other administrative or judicial court. When FMCS is used, the
ADR process should last no longer than one (1) day unless the parties
mutually agree otherwise. Any settlement agreement shall be reduced to
writing and signed by Management, the grievant, and the Union. If the
grievance is not resolved, the time frames for the Union to pursue the
grievance are resumed.
Section 3. Who May Initiate a Grievance
A grievance may be filed by:
a. any employee in the Local 12 bargaining unit or former bargaining unit
employees who have filed a timely grievance; except that those employees
on temporary limited appointment and those who have not completed
probation may submit a grievance only with respect to working conditions or
rights expressly granted them elsewhere in this Agreement;
b. Local 12; or
c. the U.S. Department of Labor.
Section 4. Definition of a Grievance
A grievance means any complaint, unless expressly excluded and/or limited in this
a. by any bargaining unit employee concerning any matter relating to the
employment of the employee;
b. by Local 12 concerning any matter relating to the employment of any
bargaining unit employee; or
c. by any bargaining unit employee or Local 12 or the Department of Labor
(1) the effect or interpretation, or a claim of breach, of this Collective
Bargaining Agreement; or
(2) any claimed violation, misinterpretation, or misapplication of any law,
rule, or regulation affecting the condition(s) of employment.
Section 5. Exclusions from the Grievance Procedure
The following subject matters referenced in subsections a. and b. below are
excluded from the grievance procedure regardless of the specific allegation(s) or
a. Excluded by Statute from the grievance procedure are:
(1) Any claimed violation of Subchapter III of Chapter 73 of Title 5 of the
U.S. Code (relating to prohibited political activities);
(2) Retirement, life insurance, or health insurance;
(3) A suspension or removal under Section 7532 of Title 5 of the U.S.
(4) Any examination, certification, or appointment; or
(5) The classification of any position that does not result in a reduction in
grade or pay of an employee.
b. Further, this Article does not apply to:
(1) A binding decision made by an authority outside the Department;
(2) The filling of a position which is in the Senior Executive Service
(SES), and the filling of all other positions outside the bargaining
(3) The judgment of a merit staffing panel or qualifications rating
(4) Non-selection from a properly prepared merit staffing certificate;
(5) Failure to recommend and/or disapproval of a quality step increase,
performance award, or other kind of honorary or other discretionary
(6) Failure to adopt a suggestion submitted under the Incentive Awards
(7) Termination of an employee on a temporary appointment;
(8) Separation of probationary employees unless the probationary status
of the employee is one of the issues raised;
(9) the placement of an employee on a Performance Improvement Plan
(10) Oral counselings or warnings/admonishments; or
(11) Informal telework denials pursuant to Article 12.
Section 6. Rights
a. Nothing in this Agreement shall be construed as precluding discussion
between an employee and his/her immediate supervisor of a matter of
interest or concern to either of them. However, once a matter has been
made the subject of a grievance under this procedure, nothing herein shall
preclude either management or the union from attempting to resolve the
grievance informally at the appropriate level.
b. An employee or group of employees in the bargaining unit filing a grievance
under this procedure may be represented by a Union representative. Any
employee or group of employees in the bargaining unit may present a
grievance under this procedure without representation and have it resolved
without intervention of the Union as long as the resolution is not
inconsistent with the terms of this Agreement and the Union is given an
opportunity to be present during the grievance proceeding.
c. In presenting a grievance, the grievant and the duly designated Union
representative, if any, shall be free from restraint, interference, coercion,
discrimination, and reprisal.
d. Official Time shall be allowed in accordance with Article 45, Section 4 for the
employee and the designated union representative.
e. Where the grievant(s) has designated a Local 12 Representative, all
communications with regard to the grievance and attempts at resolution of
the grievance shall be made through the designated Local 12
Section 7. Grievance Form
a. The grievance form (in Appendix D) is used for the filing of grievances
under this Article. The grievance is to be signed and dated by the
grievant(s) or the representative. The grievant(s) shall identify the alleged
violation(s), underlying facts and the remedies sought on the Step I portion
of the grievance form. The Step II grievance appeal shall also be presented
in writing on the Step II portion of the grievance form. The Step II portion
of the grievance form shall contain any additional information as necessary
about the grievance. The Step II grievance may be amended at any time
prior to the issuance of the Step II decision.
b. Trivial or clearly mechanical errors not affecting the substantial rights of a
party shall be disregarded at every stage of the proceedings under this
Article. However, the failure to provide all of the necessary information on
the grievance form is more than a trivial or clearly mechanical error and
shall constitute a basis to return the grievance for inclusion of such
information. If the form is returned to the grievant or the Union
Representative, the time limit for filing will be tolled. Issues and allegations
that are not raised by the Union in the Step 2 process may not subsequently
be considered by an arbitrator should the grievance be invoked to
Section 8. Grievance Board Authority and Procedures
This Section establishes an internal mechanism of the U.S. Department of
Labor to be known as the Grievance Board and prescribes its procedures.
The Grievance Board’s purpose is to provide prompt and effective binding
arbitration of grievances specified below. Grievance Board Members, as
described in subsection b. below, selected to hear cases shall determine
jurisdiction in cases involving these grievances; shall conduct prompt
hearings in such cases; and decide such cases, or otherwise dispose of
them, so as to ensure the fullest measure of due process for the members
of the bargaining unit while still providing the Department, the grievant, and
the Union an efficient and effective method for resolving grievances.
The parties will establish and maintain a panel of six (6) Grievance Board
members in accordance with the arbitrator selection procedures laid out in
48, Section 1.b. A member may be removed from the panel by mutual
agreement of the parties. An individual may not serve on both the
Grievance Board and the Article 48 arbitration panel. None of the Grievance
Board members will be Management Officials of the Department. Each
Board member will serve a two (2) year term, renewable only after a one
(1) year absence from the Grievance Board.
(1) The following individual grievances must be heard by the Grievance
(a) Leave restriction(s) and leave denial(s),
(b) AWOL charges of one (1) hour or less;
(c) Written letters of reprimand, counseling, warning, or
admonishment; (d) Any grievable telework determination(s),
as provided in Article 12,Section 12;
(e) Individual space concerns;
(f) Performance appraisals with a summary rating of Highly Effective
(or equivalent) or higher;
(g) Individual Safety and Health concerns under Article 33, Section(s)
5, 10, and/or 12;
(h) Allegations solely under Article 3;
(i) Individual child care subsidy determinations and/or amounts;
(j) Denial of Within-Grade Increases;
(k) Transit subsidy and/or parking grievances;
(l) Individual denials of up to 40 hours for administrative leave for
training under Article 21, Section 4;
(m) Merit Staffing Grievances where the grievant alleges that he/she
was improperly excluded from the certificate of eligibles;
(n) Grievances related to the Department’s electronic travel system.
(2) By mutual agreement of the parties, any case eligible for full or oneday
arbitration under Article 48 may be heard by the Grievance
(3) Any grievance covered by Section (c)(1) and invoked to arbitration
prior to the ratification of this Article may be heard by the Grievance
Board at the election of the grievant and the Union.
(4) Multiple grievances will be consolidated into one (1) case when the
grievant and the Local 12 representative inform management that
the facts of the grievances originate from a particular act or acts.
Once consolidated, the case will default to the most formal grievance
procedure applicable to any single grievance.
d. Grievance Board Procedures
(1) Prehearing procedures
(a) Grievances listed in paragraph c.(1) of this Section shall be filed
with the second-line supervisor using the Grievance Form found in
Appendix D. (However, this does not modify the procedures for
those grievances not heard by the Grievance Board.) In the event
that the action or decision being grieved was performed by the
second-line supervisor, the third-line supervisor shall perform the
functions of the second-line supervisor for the purposes of this
Article. Additionally, in the event that the second-line supervisor is
not the appropriate management official, he/she shall forward it
to the correct official.
(b) The grievance shall be considered filed when it is personally
delivered to or electronically received by the second-line
supervisor. The grievant or Union representative will provide a
courtesy copy to the immediate supervisor and the Agency Labor
(c) Grievances shall be filed within twenty-five (25) workdays of
when an employee knew or should have known of the alleged
(d) Step I shall be waived for all Grievance Board grievances.
(e) For the purposes of this Section only, the Step II official shall be
the second-line supervisor or, if the second-line supervisor lacks
the requisite authority to grant the relief requested, it shall be a
management official with that authority.
(f) Upon receipt of the grievance, Management shall schedule the
Step II grievance meeting within fifteen (15) workdays from the
date that it is filed. The grievant, the Step II official, and the
parties’ representatives shall meet at the Step II meeting. The
Step II official shall render a written Step II decision to the
grievant and Union representative within ten (10) workdays of the
Step II meeting.
(g) Should the Step II official deny the grievance, management will
schedule the case for a Grievance Board hearing date, to be no
fewer than fifteen (15) workdays, but no later than ninety (90)
workdays, from the date that the Step II decision is issued.
(h) Both the second–line supervisor and the grievant, and the parties’
representatives shall meet at least five (5) workdays in advance
of the Grievance Board hearing. At this meeting, the parties shall
make an effort to resolve the grievance or to reach a settlement.
(i) The Step II Decision shall be admissible at the Grievance Board
(2) Hearing procedures
(a) A minimum of four (4) hearings will be scheduled per hearing
day, which will be presided over by a single member of the
(b) Grievances will be scheduled for hearing in the order in which
they are filed, with the modifications noted in subsection (c)
below. Grievances invoked to arbitration prior to the ratification of
this Article which the grievant and the Union elect to be heard by
the Grievance Board will be heard by the Board, in the order of
election, as specified in subsection (c)(2) below.
(c) Case presentation order
1. Cases will be scheduled for presentation to the Board based
on time estimates submitted by the parties at the time of
scheduling so that at least four (4) cases may be presented to
the Board on a scheduled hearing day. Cases designated by
either party as taking longer than two (2) hours will be heard
first in a hearing day.
2. The parties will make every effort to schedule cases on a firstin,
first- out basis. However, because of the procedures
outlined above, cases might be delayed in getting a hearing
date because of cases having shorter or longer hearing times.
(d) The Grievance Board Member shall ensure that each case
normally lasts no longer than two (2) hours. However, one (1)
case per hearing day may be selected to last as long as three (3)
hours. The Member may, at his or her discretion, permit the other
hearings to last more than two (2) hours; however, the Member
must render a decision in, or otherwise resolve, at least four (4)
grievances per eight (8) hour day.
(e) The Grievance Board Member shall have the responsibility for
assuring that the relevant evidence and facts are brought forth by
the parties and that the hearing is a fair and just one. The
Grievance Board Member shall also manage the allocation of time
for the hearing to ensure that neither party uses an unfair portion
of the time allotted for the hearing, taking into consideration the
applicable burden of proof and any defenses to be raised.
(f) Any party providing documents to the Board at the hearing shall
provide a copy to the other parties and to the exclusive
(g) The Board Member shall provide copies of his/her
correspondence concerning the case to all parties and the
(h) Each party shall have the right to make an opening statement no
more than five (5) minutes in length.
(i) At his or her discretion, the Grievance Board Member may
question any of the witnesses. The parties have a right to
question their own witnesses, and to cross examine the other
parties’ witnesses within the designated time frame(s).
(j) The parties may submit documentary evidence to the Grievance
(k) Briefs shall not be filed; however, legal authority may be provided
to the Grievance Board Member during or immediately after the
(l) No transcripts of any Grievance Board hearing shall be made.
However, the Grievance Board Member may record the hearing.
(m) Each party should submit a brief proposed Order to the
Grievance Board Member stating the requested relief to be
granted. The Grievance Board Member will render an oral decision
at the end of the hearing and a brief written Order by the
conclusion of the hearing day.
(n) All decisions of the Grievance Board are final, and no party may
appeal a Grievance Board Decision in any forum, with the
exception of EEO claims or any other statutory non-waivable
Section 9. Procedures for Other Grievances
This Section shall constitute the exclusive procedure available to bargaining unit
employees for the resolution of grievances that are not heard by the Grievance
Board. The grievance meeting will be with the contractually designated
management official, unless modified by mutual agreement, and the employee
with his/her designated Union representative. Grievances may be filed
grievance decisions may be issued electronically. All timeframes in this Section may
be extended by mutual written agreement of the parties.
a. Step I
(1) A grievance must be filed within twenty-five (25) workdays of when
an employee knew or should have known of the alleged violation.
This is applicable to all grievances under this Article unless a different
timeframe is specified below. The date a grievance is filed will be
determined by when it is personally delivered to or electronically
transmitted to the appropriate Agency official.
(2) All grievances other than those concerning merit staffing should
normally be filed with the immediate supervisor, unless it is mutually
determined that it should be filed elsewhere. This mutual
determination is made between the servicing Labor Relations Officer
and the Local’s Agency Vice President. All grievances concerning
merit staffing should normally be filed with the servicing Human
Resources Officer at Step II, with Step I being automatically waived,
and therefore the Step I portion of the grievance form need not be
(3) When filing a grievance at Step I, the grievant shall complete the
grievance form as described in Appendix D. The supervisor, the
grievant, and the Union Representative shall have eight (8) workdays
from the filing of the grievance to meet and discuss the grievance.
The meeting shall be arranged with the Union Representative. The
supervisor will communicate the decision on the grievance in writing
within eight (8) workdays from the date of the meeting. When the
Step I decision is issued, it will identify the designated Step II Official
who has the authority to grant or deny the requested remedy.
(4) Representation at Step I shall be provided by a Union Representative
in the same Agency as the grievant, unless a Union Representative
from another jurisdiction or an officer of Local 12 is appointed by the
President in accordance with Article 45, Section 3.
(5) If the grievance is filed with the wrong Agency official, Management
shall forward it to the correct official and so notify the grievant and
Union representative. Even in these instances, the date the Step I
grievance was initially personally delivered or electronically
transmitted shall be considered the date of filing.
b. Step II
(1) A grievance may be appealed to Step II of this procedure within ten
(10) workdays of receipt of a decision unsatisfactory to the aggrieved
employee(s), or if no timely decision is issued at Step I, within ten
(10) workdays after the grievance reply was due at Step I. An appeal
shall be filed by completing the Step II portion of the grievance form.
(2) The Step II appeal shall be filed with designated Step II official. The
Step II appeal shall be considered filed when it is personally delivered
to or electronically transmitted to the appropriate Agency official. The
grievant or the Union representative should provide a copy to the
immediate supervisor and the Agency Labor Relations Officer. If the
appeal is filed with the wrong Agency official, Management shall
forward it to the correct official and so notify the grievant and Union
(3) A merit staffing grievance is filed at Step II with the servicing Human
Resources Officer within twenty five (25) workdays of when an
employee and/or the Union have learned of the alleged violation.
(4) The Agency official, grievant, and designated Agency Union
representative shall have ten (10) workdays from the date of the
filing of the Step II appeal to meet and discuss the grievance. Where
the Union representative and/or the employee did not cooperate in
meeting with the grievance official within the specified timeframe,
the grievance official will issue a written Step II decision. The Agency
official shall render a written decision to the grievant and Union
representative within ten (10) workdays of the Step II meeting or
when the meeting should have occurred. If no decision is rendered in
a timely fashion, the Union may invoke the grievance to arbitration.
Section 10. Union Grievances
This shall constitute the exclusive procedure(s) available to the Union for the
resolution of grievances.
a. A grievance initiated by the Union must bear at least one (1) signature of an
official or a representative designated by the President or Executive Vice
President of Local 12.
b. Union-Filed Institutional Grievances
A grievance filed by Local 12 which does not seek personal relief for a
particular employee or group of employees, but rather expresses Local 12’s
disagreement with Management’s interpretation or application of the
Agreement and which seeks an institutional remedy, shall be processed as
(1) On a matter involving more than a single DOL Agency, the grievance
shall be filed with the OELMR. If the matter has not been resolved
after ten (10) workdays of the receipt of the grievance, Local 12 may
invoke arbitration within the next thirty (30) workdays, unless the
parties agree to submit the grievance to mediation, in which case
Local 12 may invoke arbitration within thirty (30) workdays of the
conclusion of the mediation.
(2) On a matter specific and limited to a single DOL Agency, the
grievance shall be filed with the Administrative Officer. If the matter
has not been resolved after ten (10) workdays of the receipt of the
grievance, Local 12 may invoke arbitration within the next thirty (30)
workdays, unless the parties agree to submit the grievance to
mediation, in which case Local 12 may invoke arbitration within thirty
(30) workdays of the conclusion of the mediation.
(3) A grievance filed in accordance with paragraphs (1) or (2) above
must be filed within twenty-five (25) workdays of when the Union
knew or should have known of the alleged violation.
c. Union-Filed Employee Grievances
(1) If the Union files a grievance seeking personal relief for an individual
employee or group of employees, the grievance(s) should be filed in
accordance with the procedures delineated in Article 47, Section 9,
just as if the affected employee(s) had initiated the grievance(s).
(2) Where mutually agreeable by the parties, Union-filed grievances on
the same matter on behalf of two (2) or more employees may be
processed as a single grievance for the purpose of resolving the
(a) If the grievants are under the supervision of a single supervisor,
the Step I grievances may be consolidated as a single grievance
with that supervisor.
(b) If the grievants are under the supervision of different supervisors
within a single DOL Agency, the grievances may be consolidated
with the Agency Administrative Officer at Step II. If the matter
has not been resolved after ten (10) workdays of the
consolidation, Local 12 may invoke arbitration within the next
thirty (30) workdays, unless Local 12 and the Department agree
to submit the case to mediation, in which case Local 12 may
invoke arbitration within thirty (30) workdays of the conclusion of
(c) If the grievants are under the supervision of different supervisors
in more than one (1) DOL Agency, the grievances may be
consolidated and filed at Step II with OELMR. If the matter has
not been resolved after ten (10) workdays of the consolidation,
Local 12 may invoke arbitration within the next thirty (30)
workdays, unless Local 12 and the Department agree to submit
the case to mediation, in which case Local 12 may invoke
arbitration within thirty (30) workdays after the conclusion of the
Section 11. Department of Labor Grievances
If the Department of Labor wishes to file a grievance, the Director of OELMR will
sign and file a written grievance with the Local 12 President within twenty-five (25)
workdays of when the Department knew or should have known of the alleged
violation. The grievance will detail the nature of the harm, the violations of law,
rule, regulation, and/or collective bargaining agreement violated, and the relief
requested. If the grievance is not resolved, the Local 12 President shall issue a
written Step II decision within fifteen (15) workdays. The Department may invoke
the case to arbitration within thirty (30) workdays of the conclusion of mediation, if
applicable or after Step II decision is issued.
Section 12. Grievance Procedure for Adverse and Performance-Based
An employee who wishes to appeal an adverse action, as defined in Article 49,
Section 2, may file an appeal with the MSPB or a grievance under this Article, but
not both. An employee shall be deemed to have exercised his/her option
depending upon which forum the employee files in first. Similarly, if an employee
raises an allegation of discrimination in connection with an adverse action, the
employee may elect to file only one of the following: a grievance, or an appeal to
the MSPB, or a formal EEO complaint. An employee shall be deemed to have
exercised his/her option depending upon which forum the employee files in first;
except that the filing of a grievance does not preclude the grievant from using the
Department’s EEO counseling and informal complaint resolution process. An
employee may participate in the EEO counseling and informal complaint resolution
process without prejudice to his or her rights to file a grievance or appeal to the
MSPB, but the employee’s participation in the EEO process does not extend or
otherwise affect the deadlines for filing and processing a grievance and for
appealing to the MSPB.
When an employee elects to appeal an adverse action under the negotiated
grievance/ arbitration procedure, Step I of the grievance procedure is waived. The
Union must initially proceed to Step II of the grievance procedure in accordance
with Section 9 of this Article, and within five (5) workdays in accordance with
Section 18 of this Article in order to have any requisite stay apply. The Union must
proceed to invoke arbitration within thirty (30) workdays after the date of the
decision by filing a completed grievance form signed by the grievant or his/her
Section 13. Invocation of Arbitration
The Union or the Department, respectively, may invoke arbitration by giving notice
of such intent to the other (Director of OELMR or the Union) within thirty (30)
workdays of receipt of the Step II decision as provided in Article 48 of this
Agreement. For grievances filed under Sections 9 through 12, the time limits for
invoking arbitration are those specified in those Sections.
Section 14. Grievability/Arbitrability
The arbitrator designated to hear the case on the merits shall have the authority to
make all determinations regarding grievability and arbitrability. If the Department
and/or the Union considers a grievance to be non-grievable or non-arbitrable, that
issue shall be raised and determined as follows:
a. A party challenging the arbitrability of a grievance based on an alleged
failure to timely invoke any Step of the grievance or arbitration procedure
may require that a separate hearing (by meeting or teleconference) be held
to decide the arbitrability issue. The hearing must be requested no later
than thirty (30) workdays before the scheduled arbitration hearing. The
arbitrator shall render a decision on a pre-hearing timeliness challenge no
later than three (3) workdays following the hearing. A hearing on the
merits shall not commence prior to receipt of the arbitrator’s decision. If
the timeliness challenge is denied, the challenging party must pay all costs
related to the challenge. If the timeliness challenge is upheld, the opposing
(losing) party must pay all costs related to this challenge.
b. The arbitrator shall have the authority to make all determinations regarding
grievability and arbitrability. If the Department or the Union considers a
grievance non-grievable or non-arbitrable, it should communicate such
determination to the other party at the earliest possible time. A party raising
the issue of arbitrability of a grievance may require that a separate hearing
(meeting or teleconference) be held to decide the arbitrability issue. The
arbitrator will render a decision no later than three (3) days following the
meeting or teleconference and prior to any hearing on the merits of the
Section 15. Termination of Grievance
A grievance shall terminate only at the employee’s request, with Union approval,
for failure to proceed to the next step in a timely fashion, or if an arbitrator
renders a decision, unless appealed, or when a final decision is rendered on an
appeal from the arbitrator’s decision.
Section 16. Modification of Procedures
a. The time limits delineated in this Article may be modified by mutual written
agreement of the parties. Absent such mutual consent, the failure to timely
file an initial grievance or timely appeal the grievance to Step II (for
individual employee grievances), or timely invoke the grievance to
arbitration shall result in a dismissal of the grievance.
b. The parties may mutually agree in writing to waive Step I and II of this
c. For expeditious processing of grievances, the parties, by mutual agreement,
may consolidate grievances concerning similar issues into a single
Section 17. Failure to Meet Requirements
a. An electronic grievance will be considered filed and signed by the sender on
the date transmitted. For grievances filed by methods other than
electronically, the failure to sign or date the grievance form will not have
the effect of nullifying the grievance.
b. Failure on the part of an aggrieved employee to prosecute his/her grievance
within the stated time periods at any Step of this procedure will have the
effect of nullifying the grievance.
c. Failure on the part of Local 12 or the Department to prosecute its grievance,
filed in its own behalf within the stated time periods at any Step of this
procedure will have the effect of nullifying the grievance.
d. Failure on the part of the Department to meet any of the time requirements
of this procedure will permit the aggrieved employee or Local 12 to move to
the next Step.
Section 18. Stays of Certain Personnel Actions
a. Upon timely filing of a grievance within five (5) workdays after receipt of a
decision to suspend or remove a bargaining unit employee under 5
U.S.C.4303 or 7512 or to suspend an employee under 5 U.S.C. 7502, the
Department agrees to stay only the following types of actions for the
(1) Suspensions of one (1) to fourteen (14) days – No stay
(2) Suspensions of fifteen (15) days or more – 45 day stay
(3) Involuntary downgrades- 45 day stay
(4) Removals– No stay
(5) Exception: No stay will be provided for any employee or for any
action specifically excluded from coverage by 5 U.S.C. 4303, 7502, or
7512. No stay will be provided for any other type of adverse action or
for any employee that is not covered or any action that is excluded
from coverage under 5 C.F.R. Part 752, Subpart D. No stay will be
provided for any personnel action taken in response to criminal
b. In all cases of stays, if the arbitrator makes an award prior to the conclusion
of the stay, the stay terminates.
c. In such cases, the first step grievance procedure is waived and the grievance
immediately goes to Step II. Step II may be waived, at Local 12’s election, as
provided in Article 49.
d. This Section does not apply to emergency suspensions where retention of the
employee in an active duty status may be injurious to the employee, his/her
fellow workers, or the general public, or may result in damage to Government
property. In such cases, the Department may waive the advance written
notice period; if the Department waives the advance notice period, the
employee will be placed in a non-duty status with pay, for such time as
necessary to affect the suspension.