Editing Article 9 1964

== ARTICLE IX ==
=== Grievance Procedure ===
<ol style="list-style-type:upper-alpha">
<li>Definition</li>
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.
<li>Guides for Supervisors</li>
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.
<li>Eligibility to Appeal</li>
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.
<li>Grievance Steps at Installation Level:</li>
<ol style="list-style-type:decimal">
<li>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.</li>
<li>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.</li>
<li>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.</li>
<li>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:</li>
<ol style="list-style-type:lower-alpha">
<li>Title and grade level of grievant</li>
<li>Nature of grievance</li>
<li>Corrective action requested and reasons</li>
<li>Summary of efforts made to resolve grievance informally</li>
<li>Name of designated representative (individual or organization) if any</li></ol></ol>
<li>An individual's Right to be Represented</li>
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.
<li>Right of Organization with Exclusive Recognition</li>
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.
<li>Installation Head's Decision</li>
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.
<li>Appeal from Installation Head's Decision</li>
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
<li>Hearing</li>
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.
<li>Official Time, Installation Level</li>
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.
<li>Appeal from Hearing Committee Decision</li>
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 Section
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.
<li>Decision of the Regional Director</li>
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.
<li>Appeals from the Regional Director's Decision</li>
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.
<li>Review by Board of Appeals and Review, Bureau of Personnel</li>
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.
<li>Residual Authority</li>
These procedures in no way impair the residual authority of the Postmaster General.
<li>Termination</li>
A grievance will be terminated when so requested by the grievant at any stage of the proceedings.
<li>Promotion Appeal Procedure</li>
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:
a. A decision of an installation head may be appealed to the Regional Director or official designated
at the second appeal level.
b. 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.
c. No appeal is permitted beyond the Assistant Postmaster General, Bureau of Personnel.
d. An employee desiring to appeal from the first or second level must do so within ten (10) days after
receipt of the decision.
<li>Violations of Local Agreements</li>
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.
<li>Exceptions to Procedure</li>
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.
<li>Installation Head and Second Level of Appeal</li>
{| class="wikitable" style="margin:auto"
|+ Caption text
|-
! 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
|}
<li>Discrimination</li>
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.</ol>