Article 9 1964

ARTICLE IX

Grievance Procedure

Definition

A grievance is any cause for dissatisfaction outside an employee's control if the matter grows out of employment in the Postal Service and the remedy sought is within the authority of the Postmaster General or other postal official to whom such authority has been delegated. Grievances shall not be accepted for processing which are based upon matters such as the mission of the Department, its budget, the technology of performing its work, its organization, and assignment of personnel unless such assignment violates laws, regulations or policy. Grievances on alleged violations of local agreements must be processed under the section of this procedure on violations of local agreements. Grievances on promotions must be processed under the section of this procedure on promotion appeals. Appeals from adverse actions, determination of grade level, cases of alleged discrimination because of race, creed, color or national origin, and interpretations or alleged violations of this Agreement will be made through separate procedures. Dissatisfactions arising out of a decision appealed through compensation, adverse action or equal employment opportunity procedure are not subject to further appeal under the grievance procedure.

Guides for Supervisors

Most grievances arise from instances of misunderstandings or problems that should be settled promptly and satisfactorily on an informal basis at the supervisory levels before they become formal grievances. The prompt settlement of these problems is desirable in the interest of sound employee-management relations. To this end, the practice of friendly discussions of problems between employees and their supervisors is not only encouraged but directed. The immediate supervisor must maintain an atmosphere in which the employee can speak freely. Complaints shall be given careful and unprejudiced consideration. Fair and prompt handling by the immediate supervisor will result in the satisfactory settlement of a large majority of these problems at the work level. To accomplish this, it is directed that these problems be settled wherever possible at the earliest stage of discussion. Every resonable effort shall be made to avoid referral to the grievance procedure.

Eligibility to Appeal

Any employee, except Christmas or seasonal assistants, may file a grievance appeal, provided action on such appeal is initiated within thirty (30) working days from the date of the action or condition giving rise to the grievance. An employee organization may file an appeal on behalf of an employee provided the employee has so authorized the organization in writing.

Grievance Steps at Installation Level:
1. Whenever an employee considers himself aggrieved, he shall discuss the matter with his immediate supervisor. If he desires, he may be accompanied by a representative of his own choice. Both the aggrieved and his representative shall be allowed a reasonable amount of official time to present the grievance. There shall be no delay and normally the efforts of the supervisor to resolve the grievance shall not exceed three (3) working days.
2. If the immediate supervisor cannot resolve the grievance the employee has the right to discuss the grievance with the head of the installation or his designee, and to be accompanied by his representative. Both the aggrieved and/or his representative shall be allowed a reasonable amount of official time to present the grievance. The designee must have authority to resolve the grievance.
3. If as a result of such discussion at Step (2) the grievance is not resolved or if the employee does not wish to discuss the grievance at Step (2) it shall be reduced to writing and filed with the head of the installation.
4. The grievance shall be signed by the employee or, if he so authorizes in writing, it may be signed by his employee organization representative or by his own chosen representative. It must contain the following information:
1. Title and grade level of grievant
2. Nature of grievance
3. Corrective action requested and reasons
4. Summary of efforts made to resolve grievance informally
5. Name of designated representative (individual or organization) if any
An individual's Right to be Represented

An employee has the right to select whomever he desires to represent him at each level of the grievance procedure. In the event that the person selected at the various levels is someone other than a representative of the exclusive organization, the exclusive organization at that level has a right to be present. When an employee requests an organization rather than an individual to represent him in a grievance procedure, management will recognize the President of that organization as the representative, unless that official designates another organization representative.

Right of Organization with Exclusive Recognition
The exclusive organization at each level has the following rights in grievance matters processed at that level:
1. To be notified of the time and place of the proceedings at each step of the grievance beginning with discussion with the head of the installation or designee.
2. To be present at all steps of the grievance procedure. (No right to be present at initial contact with supervisor if the aggrieved has not selected a representative.)
3. The organization, if any, with exclusive recognition at the level where the grievance is being processed shall be furnished with a copy of the written decision and summary, at any step at which a written decision and/or summary is involved.
4. If not the designated representative of the grievant, shall have an opportunity to state the exclusive organization's position on the grievance. This right shall be exercised only one time, at each step, and shall follow the presentation made by the employee and/or his representative.
Installation Head's Decision

Within five (5) working days from the receipt of the written appeal, the installation head shall render a written dated decision to the grievant and submit a copy to the employee's representative, if any. The letter of decision shall indicate as clearly as is practicable, without a detailed analysis, the basis for the action taken and must advise the employee of his right to appeal including the right to a hearing. The installation head shall establish an official grievance file for use in the event of a further appeal.

Appeal from Installation Head's Decision
If the grieved employee desires to appeal the decision of the head of the installation but does not desire a hearing, he shall appeal within five (5) working days after receipt of the decision in writing to the second level of appeal. A copy of the appeal to the second level shall be furnished to the installation head who shall forward the entire grievance file to the second level of appeal along with his answer to the grievance. The installation head's answer should indicate as clearly as is practicable the basis for the action taken, a copy of which shall be sent to the grievant. The grievant may within five (5) working days after receipt of the installation head's answer file exceptions to the Regional Director. The grievant's exception will become a part of the grievance file and must be considered by the Regional Director in arriving at a decision. The appeal shall contain the following information:
1. Title and grade level of grievant
2. Nature of grievance
3. Corrective action requested and reasons
4. Summary of efforts made to resolve grievance informally
5. Name of designated representative (individual or organization) if any
6. Decision of the installation head
7. Any additional information pertinent to the grievance
8. A request for informal discussion if such is desired
Hearing

If the employee desires a hearing either he or his representative must notify the installation head, in writing, within five (5) working days of the installation head's decision. The installation head shall within three (3) working days arrange for formation of a three-man hearing committee and he shall arrange a place for the hearing. The hearing committee will consist of the following members: the grievant will name the person of his choice to be a member, the installation head will name the second member, and these two members will agree, within three (3) working days, on a third member who will act as chairman. All three members must be employees of the postal service. At those installations where there are tan or less employees, the grievant and/or the installation head is permitted to name members from nearby postal installations employing more than ten people. The hearing committee shall act as an unbiased group to hear and evaluate such information pertinent to the grievance as may be presented by the grievant and management of the installation. While the hearing committee will listen to and ask questions of both sides, there shall be no confrontation of witnesses nor shall either side be permitted to cross-examine the other. Persons appointed to the hearing committee must approach their duties with an open mind and their recommendations must be based on a fair evaluation of the facts without distortion or personal bias. Conduct of the hearing shall be as informal as is consistent with an orderly presentation of the case. While the hearings will not be limited by legal rules of evidence and procedures, testimony should be within reasonable bounds of relevancy. Only one witness should be permitted at a time. The grievant and his representative shall be present throughout the hearing. The installation head shall make available to the hearing committee all records and facts pertinent to the case, other than security or other classified material. An abstract of the proceedings covering all pertinent facts shall be kept. The abstract shall be signed by and copies furnished to all members of the hearing committee. Within five (5) working days after the completion of the hearing, the hearing committee shall furnish the installation head, the grievant and his representative with a summary of the hearing together with its decision. The decision of the hearing committee shall be binding at the expiration of ten (10) working days unless appealed at the next higher level by the grievant or his representative or the installation head within that period. Because the decision of the hearing committee may have a substantial impact on the operations of the postal installation, it shall not be placed into effect until the installation head has had an opportunity to appeal at the second level. If no appeal is filed, the decision shall be carried out upon expiration of the appeal period. If an appeal is made by the installation head, the decision of the hearing committee shall be held in abeyance unless changed by the second level. The decision rendered at the second level of appeal is binding and shall be promptly implemented by the installation head.

Official Time, Installation Level

The employee and his chosen representative shall have a reasonable amount of official time to present his grievance. A reasonable amount of time is determined by local management, except that the chairman of the hearing committee rather than local management determines the length and the conduct of the hearing. In those cases where an organization with exclusive recognition represents the unit in which the grievant is employed, but is not the grievant's chosen representative, the exclusive organization representative may attend all proceedings, as provided herein, with his attendance at the proceedings charged to annual leave or leave without pay at his discretion. (In no instance may such attendance be charged to official time). Members of the hearing committee and representatives for management shall be granted official time for necessary absences from their assigned tours.

Appeal from Hearing Committee Decision

If the decision of the hearing committee is not acceptable to the grievant or to the installation head, either party may appeal in writing within ten (10) working days from the hearing committee decision to the second level of appeal. The grievant shall request informal discussion at the regional level at the same time if he desires such discussion. As most postal installations are post offices the second appeal would be to the Regional Director and the procedures will be set forth accordingly. However, the procedures are equally applicable to all employees. The installation heads and the second levels of appeal are indicated in #Installation Head and Second Level of AppealSection T. If the grievant appeals, a copy of the letter of appeal shall be submitted to the installation head who shall promptly forward the grievance file to the Regional Director. Either party may file with the Regional Director exceptions to the summary of the hearing committee within the ten-day time limitation. The exceptions to the summary must be confined to the material appearing in the summary. In the event that either party to the grievance, or his representative, does not appear to make any presentation or give testimony, that party shall be denied the right to provide exceptions to the summary. If the installation head appeals he should submit the grievance file with the letter of appeal to the Regional Director and copy of the letter of appeal to the grievant.

Decision of the Regional Director

If the grievant or his representative requests informal discussion prior to the decision, the Director of the Personnel Division shall then arrange for the employee and/or his representative to meet with him for informal discussion designed to arrive at a settlement. All travel and other costs on the part of the organization, the grievant or his representative shall be at his own expense. However, the Regional Director shall arrange to have annual leave or leave without pay granted at the option of each employee involved. If the Director, Personnel Division, at the region is not able to arrive at an informal settlement of the grievance he shall submit the case to the Regional Director who shall render a decision based on the merits as contained in the record of the official grievance file within ten (10) days. If no informal discussions are held the decision will be rendered within ten (10) days after receipt of the file by the Regional Director. No additional information shall be solicited by the Regional Director. However, the Regional Director may accept new relevant and material evidence which was not available at the hearing upon a showing by the party presenting the new evidence that it was not previously disclosed through no fault of the party making request for its consideration. Copies of the decision shall be forwarded to the grievant, his representative and the installation head. The basis for the decision shall be stated as clearly as practical and the grievant shall be notified of any further appeal rights.

Appeals from the Regional Director's Decision
The decision of the Regional Director may be appealed to the Department by the grievant or his representative within ten (10) working days from the date of the Regional Director's decision. The appeal should be addressed to the Board of Appeals and Review, Bureau of Personnel, Post Office Department, Washington, D.C. 20260. The appeal should contain a full statement as to the reason for appealing the decision and, in addition, may request an opportunity for discussion of the case at the Departmental level. The appellant or his representative shall send a signed copy of the letter of appeal to the Regional Director. Upon receipt of this copy of a letter of further appeal, the Regional Director will promptly forward the entire grievance file to the Board of Appeals and Review, Bureau of Personnel.
Review by Board of Appeals and Review, Bureau of Personnel
The Board of Appeals and Review, Bureau of Personnel, will docket the appeal, notify the employee and other interested parties of its receipt, and schedule it for review. There is no right to a hearing at this level, but an additional hearing may be granted if such is deemed warranted. If a hearing is not held the grievant and/or his representative may discuss the case with the Board of Appeals and Review. If a hearing or discussion is scheduled at this level, the national exclusive organization, if not the representative, will be so notified and will be given an opportunity to be present throughout the proceedings and to state its position on the grievance. The Board will render a decision on the appeal which shall be considered as the decision of the Postmaster General. In cases involving promotional matters, the Board may make a privileged recommendation to the Assistant Postmaster General, Bureau of Personnel, who will render the final decision. The Board or the Assistant Postmaster General, Bureau of Personnel, as appropriate will notify each party of the decision and will forward copies to appropriate postal officials, the employee organization with national exclusive recognition and such other parties deemed necessary.
Residual Authority

These procedures in no way impair the residual authority of the Postmaster General.

Termination

A grievance will be terminated when so requested by the grievant at any stage of the proceedings.

Promotion Appeal Procedure
An employee desiring to appeal a promotion grievance must observe the following procedure:
1. A written grievance must be filed within thirty (30) days after the decision of the official which gave rise to the situation being grieved. The grievance must be filed with an official one level above the official who made the initial decision. There will be no informal settlement of promotion grievances.
2. Steps in a promotion appeal are as follows:
1. A decision of an installation head may be appealed to the Regional Director or official designated at the second appeal level.
2. A decision of a Regional Director or official designated at the second appeal level may be appealed to the Assistant Postmaster General, Bureau of Personnel.
3. No appeal is permitted beyond the Assistant Postmaster General, Bureau of Personnel.
4. An employee desiring to appeal from the first or second level must do so within ten (10) days after receipt of the decision.
Violations of Local Agreements

The established grievance procedure shall be followed through and including the decision of the installation head. The decision of the installation head may be appealed to the next regularly scheduled Labor-Management Committee meeting. At those installations where the regular Labor-Management meetings are scheduled less frequently than once each month, a special Labor-Management meeting shall be held for this purpose within 30 days. If unresolved, the grievance may be appealed to the Regional Director whose decision will be final. If requested, a discussion may be had with the Regional Special Assistant for Employee Relations prior to the issuance of the decision.

Exceptions to Procedure

When the action giving rise to the grievance has been taken by, or at the specific direction of, an official above the installation head or above the second level of appeal, the written grievance should be filed directly with that official rather than with the installation head or the second level of appeal. In such cases the grievant shall have the same right to request a hearing as if the grievance has been filed with the installation head. When requested, a hearing shall be ordered and arranged by the official with whom the grievance is filed. The hearing shall be held in a location convenient to the grievant and his witnesses, normally at the installation where the grievant is employed.

Installation Head and Second Level of Appeal
Installation	Installation Head	Second Level of Appeal
Post Office	Postmaster	Regional Director
Regional Headquarters Office	Division Director	Regional Director
Mail Equipment Shops, D.C.	Manager	Example
Mail Bay Depository & Repair center	Superintendent	Bureau Head
Capital Equipment Warehouse	Foreman	Bureau Head
U.S. Stamped Envelope Agency	Agent	Bureau Head
U.S. Postal Agency, D.C	Agent	Bureau Head
Supply Center	Manager	Bureau Head
Money Order Audit Office	Director	Bureau Head
Money Order Center	Manager	Bureau Head
Postal Inspection Division	Inspector in Charge	Chief Postal Inspector
Division, Post Office Dept.	Director	Bureau Head
Internal Audit Area	Area Manager	Chief Postal Inspector
Discrimination
When an employee alleges in his grievance appeal that the action complained of is based in whole or in part on discrimination because of race, creed, color, or national origin, the claim of discrimination shall be adjudicated under the regulations of The President's Committee on Equal Employment Opportunity and Departmental regulations. However, this will not prohibit the Department from processing the grievance to
a conclusion prior to the investigation and adjudication of the complaint of discrimination.