Article 31 – Negotiated Grievance Procedure

Purpose

The Purpose of this Article is to provide for a mutually acceptable procedure for the prompt and equitable settlement of all grievances. Many grievances which arise from misunderstandings and disputes can be settled promptly and satisfactorily at the immediate supervisory level.

The Library and the Association agree that every reasonable effort should be made to reach informal resolution of problems at the lowest possible level. Accordingly, both parties strongly encourage employees or their representatives to discuss problems with their supervisors in an effort to resolve them informally before they are elevated to the status of a grievance. Even after a formal grievance has been filed, the parties are encouraged to resolve informally the matter grieved.

Inasmuch as dissatisfactions and disagreements arise occasionally in any work situation, the filing of a grievance shall not be construed as reflecting unfavorably on the party filing the grievance or the party against whom the grievance is filed.

Section 1. Scope of Grievance Procedure

  1. A grievance is any complaint —

    1. by any employee concerning any matter relating to the employment of the employee;
    2. by the Association concerning any matter relating to the employment of any employee;
    3. by an employee, the Association, or the Library concerning: (a) the effect or interpretation, or a claim of breach of this Agreement, or (b) any claimed violation, misinterpretation, or misapplication of any law, rule, or regulation affecting conditions of employment.

  2. This grievance procedure shall not cover matters for which statutory procedures exist other than as specifically provided in this Agreement.
  3. Excluded from the definition of grievance against the Library and, therefore, nongrievable under this Article are the following matters:

    1. any retirement, life insurance, or health insurance matters;
    2. any suspension or removal under 5 U.S.C. 7532 concerning national security;
    3. any examination, certification, or appointment;
    4. the classification of any position which does not result in the reduction in grade or pay of an employee; provided, however, that an employee may, at any time, appeal the grade of his/her position under LCR 11-330*, Position Classification Appeals;
    5. the content of an established Library policy;
    6. a determination of an employee “Not Recommended for Promotion at This Time” (see Article 8, Promotion Review for Positions in Promotion Ladders);
    7. return to employee’s official position after temporary promotion;
    8. non-adoption of a suggestion or disapproval of a quality increase, incentive award, or other kind of honorary or discretionary award (LCR 9-1340*, LCR 9-1341*, and LCR 9-710*);
    9. separation of re-employed annuitants;
    10. selection of another applicant under the provisions of LCR 9-110* or Article 7, Merit Employment, pursuant to 7106(a)(2)(c)(i)or(ii); details of employees;
    11. details of employees;
    12. termination of temporary appointments and time limited indefinite appointments;
    13. issuance of documents pursuant to LCR 9-1310* (3A, B, and C) to which the employee has had the opportunity to file and preserve a response;
    14. separation (disqualification) of a conditional employee during the qualifying period;
    15. any adjectival performance rating or the narrative content of a performance evaluation (see Article 9, Section 4).

  4. Excluded from the definition of grievance against the Association and therefore nongrievable under this article are the following matters:

    1. the content of any Association publication or communication as long as it is consistent with contractual, regulatory or legal requirements;
    2. the conduct of Association internal affairs as long as such conduct is consistent with contractual, regulatory or legal requirements;
    3. the conduct of Association representational duties as defined in Article 34, Association Representational Activity, as long as such conduct is consistent with contractual, regulatory or legal requirements;
    4. the filing of a complaint, grievance or appeal by the Association or one of its representatives.

Section 2. Exclusive Procedures

  1. The negotiated procedure in this Article shall be the exclusive procedure available to the employees in the unit, the Association, and the Library for resolving grievances which fall within its coverage, except as provided in Sections 2B, and 2C.
  2. Complaints of discrimination shall be processed under the terms of Article 11 of this Agreement.
  3. Pursuant to 5 U.S.C. 7116(d), where matters could be raised either as grievances or as unfair labor practices, these matters may, at the discretion of the aggrieved party, be raised under the grievance procedure or as an unfair labor practice, but not under both procedures.

Section 3. Representation Rights

  1. An employee may present a grievance without representation or may be represented by the Association.
  2. An employee or a group of employees covered by this Agreement may present a grievance without representation by the Association, as long as the adjustment is not inconsistent with the terms of this Agreement, and the Association has been given the opportunity to be present at the adjustment or resolution of the grievance. All grievances involving a common issue of law or fact may be pursued in a single grievance by agreement of the parties.
  3. The Association shall have the following rights at all steps in the grievance procedure:

    1. to be notified in writing of the time and place of meetings;
    2. to be present during those meetings, as long as the right of an employee to self¬ representation is not impaired;
    3. to be furnished a copy of all written decisions or responses that are issued at the time they are furnished to the grievant; and
    4. to state its position on a grievance, in writing, if it is not the designated representative of the employee.

Section 4. Resolution of Problems

A grievance, in order to be timely, must be presented in writing by a concerned employee (acting alone or with a representative), by a Steward, or by another Association representative within twenty (20) work days from the date when the grievant knew or should have known of the condition or occurrence which prompted the grievance. During the twenty (20) work-day period prior to the deadline for filing a grievance, an employee with such a problem is encouraged to resolve it informally with the supervisor.

If the matter has not been resolved informally and a grievance has not been filed, the employee may take the issue to the Dispute Resolution Center by the twentieth (20th) work day. Once the employee files a grievance, he or she may not take the matter to the Dispute Resolution Center. If the problem is not resolved to the employee’s satisfaction in the dispute resolution process, the employee may file a grievance at step two within ten (10) work days of written notification that the Dispute Resolution Center has closed the case.

Section 5. Step One

The grievant and/or the grievant’s representative must present the grievance in writing on the Grievance Form to the CRS Director. The grievant must provide a copy of the grievance form to the appropriate Associate or Assistant Director. The Director shall respond in writing within twenty (20) work days after receipt of the grievance.

Section 6. Step Two: Office of Workforce Management, Labor Relations Team

  1. If the grievance is not settled in Step One, the grievant and/or the representative may present the grievance to the Library’s Office of Workforce Management for a final agency decision. The grievance presented to the Office shall include the Grievance Form presented to the CRS Director, the Director’s Step One response, and other relevant documents.
  2. The grievance must be presented to the Office within ten (10) work days after the receipt of the CRS Director’s response. The Office shall respond in writing within fifteen (15) work days after the receipt of the grievance. This response shall constitute the Library’s final decision on the grievance.

Section 7. Step Three: Grievance Mediation

  1. All Association and Library grievances not settled at Step Two and/or not addressed in the Dispute Resolution Process shall be considered for mediation prior to being referred to arbitration. Grievance mediation will proceed only with the agreement of both parties. Grievance mediation will be requested from trained Federal Mediation and Conciliation Service (FMCS) mediators. If it is not possible to obtain mediation services from the FMCS, the parties will consult and decide if they wish to find an alternative to the FMCS. Any cost related to grievance mediation shall be borne equally by the Parties.
  2. A request for mediation must be made within five (5) workdays of the Step Two decision unless the parties agree to extend that time.
  3. Every reasonable effort shall be made to complete Grievance mediation within thirty (30) calendar days of its timely request.
  4. Proceedings before the mediator shall be informal. Rules of evidence shall not apply. No record of the meetings shall be made.
  5. The grievant is entitled to be present at the grievance mediation conference.
  6. The parties may be represented by a representative of their choice;
  7. Mediation conferences will occur at a location that is agreeable to the parties and the mediator.
  8. While the mediator shall have no authority to impose a resolution of the grievance, either or both parties may request that the mediator suggest a resolution or offer a recommendation to the party(ies). This is optional to the mediator. The mediator will have the authority to meet separately with either party.
  9. Grievances not resolved through grievance mediation may proceed to arbitration in accordance with Step Four of this process. All information revealed in the mediation process shall remain confidential and for the use only of the parties to the grievance.

Section 8. Step Four: Referral to Arbitration

If the grievance mediation process in Step Three is unsuccessful, or if the parties have not engaged in grievance mediation, the Association or the Library may refer the grievance to arbitration within ten (10) workdays in accordance with the procedures set forth in the Agreement.

Section 9. Time Limits

  1. If the management official responsible for responding to a grievance at any step of the grievance procedure is unavailable, the Library will advise the Association of the person designated to respond. In the event of the failure of any management official to render a decision or response within a time limit set forth in this procedure, the grievant may proceed to the next step. However, only the Association may invoke arbitration in an employee grievance matter.
  2. All time limits are to be strictly adhered to unless they have been specifically extended by mutual agreement of the Library and the grievant or the grievant’s representative. If the grievance is submitted to an inappropriate management representative within the prescribed time limit, it shall be forwarded to the appropriate official without prejudice or penalty. Failure of the grievant to present a grievance within the proper time limits shall result in the dismissal of the grievance.
  3. Once the grievance has been filed, should the grievant, his/her representative, or the deciding management official from the Library be on leave or official absence, the time limits set forth in this article shall be automatically extended for the period of the time of absence. The parties shall be notified, in writing, of this absence as soon as is reasonably possible.
  4. Upon mutual agreement, the grievant and the Library may waive one or more steps of the grievance procedure and proceed directly to the agreed upon step.

Section 10. Availability of Records and Information

The Library shall make available to the grievant and the Association any records or data which are reasonably available and necessary to the grievance and which are kept in the normal course of business, within a reasonable time (normally within ten (10) workdays) after the request is received by the Library. The Library shall direct all staff members with relevant knowledge or information about the grievance to provide this knowledge or information to the parties and to cooperate fully in the investigation or hearing of the grievance. All relevant timeframes may be tolled for the same amount of time necessary to gather requested information pursuant to this section.

Section 11. Association Grievances and Grievances Which Cannot Be Effectively Resolved by CRS Management

  1. Grievances which impact on a substantial number of employees or which include the Association itself may be submitted in writing by the Association directly to the CRS Director at Step One of this grievance procedure within the timeframe requirements of Section 5 of this Article.
  2. Association grievances and grievances (by the Association or by an individual unit member[s]), which because of their nature cannot be effectively resolved by the CRS Director, shall be submitted in writing directly to the Office of Workforce Management (Step Two) and shall be responded to in accordance with procedures under Step Two.

Section 12. Library Grievances

  1. A Library grievance against the Association must be presented orally to the Vice President for Policy and Dispute Settlement or other designee of the Association.
  2. If the grievance is not satisfactorily settled at the oral stage, the Library may present the grievance in writing to the President of the Association. The written grievance must be presented on the prescribed form within twenty (20) workdays from the date when the Library knew or should have reasonably known of the condition or occurrence which prompted the grievance. The Association President shall respond in writing to the Library within twenty (20) workdays after receipt of the written grievance.
  3. If the grievance is not resolved to the satisfaction of the management official filing the grievance, the grievance shall proceed to grievance mediation as specified in this article.
  4. The Library may invoke arbitration in accordance with Section 8.
  5. When an adverse action pursuant to LCR 9-1810* for misconduct is taken against an Association officer or representative, the Library will not also file a grievance against the Association for the same conduct, unless the grievance concerns an alleged violation by the Association as referred to in Section 1.A.3 of this article above.

Note: With respect to the exclusions under Article 31, it is understood that except as otherwise provided in the exclusions, a grievance may be filed over the effect or the interpretation or a claim of a breach of the collective bargaining agreement with respect to the exercise of the exclusion or any claimed violation, misinterpretation, or misapplication of any law, rule, or regulation concerning an exclusion.

*LCR 9-110 was formerly LCR 2010-14, “Merit Selection and Employment”.

*LCR 9-710 was formerly LCR 2013, “Pay Administration”.

*LCR 9-1310 was formerly LCR 2017-5, “Obligations of Management and Staff to Fulfill Position Requirements”.

*LCR 9-1340 was formerly LCR 2017-3, “Suggestion and Incentive Awards Program”.

*LCR 9-1341 was formerly LCR 2017-3a, “Appendix to 2017-3”.

*LCR 9-1810 was formerly LCR 2020-3, “Policies and Procedures Governing Adverse Actions”.

*LCR 11-330 was formerly LCR 2016-2, “Position Classification Appeals in the Library”.