Article 9 1964: Difference between revisions

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Article 9 1964 (edit)

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→‎Grievance Procedure
(Created page with "== 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 missi...")
 
 
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=== Grievance Procedure ===
=== Grievance Procedure ===
<ol style="list-style-type:upper-alpha">
<ol style="list-style-type:upper-alpha">
<div class="toccolours mw-collapsible mw-collapsed">
<li>Definition</li>
<li>Definition</li>
<div class="mw-collapsible-content">
A grievance is any cause for dissatisfaction outside an employee's control if the matter grows out of
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
employment in the Postal Service and the remedy sought is within the authority of the Postmaster General
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adverse action or equal employment opportunity procedure are not subject to further appeal under the
adverse action or equal employment opportunity procedure are not subject to further appeal under the
grievance procedure.
grievance procedure.
</div></div>
<div class="toccolours mw-collapsible mw-collapsed">
<li>Guides for Supervisors</li>
<li>Guides for Supervisors</li>
<div class="mw-collapsible-content">
Most grievances arise from instances of misunderstandings or problems that should be settled promptly and
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
satisfactorily on an informal basis at the supervisory levels before they become formal grievances. The
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To accomplish this, it is directed that these problems be settled wherever possible at the earliest stage of
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.
discussion. Every resonable effort shall be made to avoid referral to the grievance procedure.
</div></div>
<div class="toccolours mw-collapsible mw-collapsed">
<li>Eligibility to Appeal</li>
<li>Eligibility to Appeal</li>
<div class="mw-collapsible-content">
Any employee, except Christmas or seasonal assistants, may file a grievance appeal, provided action on
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
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
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.
employee has so authorized the organization in writing.
</div></div>
<div class="toccolours mw-collapsible mw-collapsed">
<li>Grievance Steps at Installation Level:</li>
<li>Grievance Steps at Installation Level:</li>
<div class="mw-collapsible-content">
<ol style="list-style-type:decimal">
<ol style="list-style-type:decimal">
<li>Whenever an employee considers himself aggrieved, he shall discuss the matter with his
<li>Whenever an employee considers himself aggrieved, he shall discuss the matter with his
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<li>Summary of efforts made to resolve grievance informally</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>Name of designated representative (individual or organization) if any</li></ol></ol>
</div></div>
<div class="toccolours mw-collapsible mw-collapsed">
<li>An individual's Right to be Represented</li>
<li>An individual's Right to be Represented</li>
<div class="mw-collapsible-content">
An employee has the right to select whomever he desires to represent him at each level of the grievance
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
procedure. In the event that the person selected at the various levels is someone other than a representative
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procedure, management will recognize the President of that organization as the representative, unless that
procedure, management will recognize the President of that organization as the representative, unless that
official designates another organization representative.
official designates another organization representative.
</div></div>
<div class="toccolours mw-collapsible mw-collapsed">
<li>Right of Organization with Exclusive Recognition</li>
<li>Right of Organization with Exclusive Recognition</li>
<div class="mw-collapsible-content">
The exclusive organization at each level has the following rights in grievance matters processed at that
The exclusive organization at each level has the following rights in grievance matters processed at that
level:
level:
1. To be notified of the time and place of the proceedings at each step of the grievance beginning
<ol style="list-style-type:decimal">
with discussion with the head of the installation or designee.
<li>To be notified of the time and place of the proceedings at each step of the grievance beginning
2. To be present at all steps of the grievance procedure. (No right to be present at initial contact with
with discussion with the head of the installation or designee.</li>
supervisor if the aggrieved has not selected a representative.)
<li>To be present at all steps of the grievance procedure. (No right to be present at initial contact with
3. The organization, if any, with exclusive recognition at the level where the grievance is being
supervisor if the aggrieved has not selected a representative.)</li>
<li>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
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.
a written decision and/or summary is involved.</li>
4. If not the designated representative of the grievant, shall have an opportunity to state the exclusive
<li>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,
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.
and shall follow the presentation made by the employee and/or his representative.</li></ol>
</div></div>
<div class="toccolours mw-collapsible mw-collapsed">
<li>Installation Head's Decision</li>
<li>Installation Head's Decision</li>
<div class="mw-collapsible-content">
Within five (5) working days from the receipt of the written appeal, the installation head shall render a
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
written dated decision to the grievant and submit a copy to the employee's representative, if any. The letter
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taken and must advise the employee of his right to appeal including the right to a hearing. The installation
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.
head shall establish an official grievance file for use in the event of a further appeal.
</div></div>
<div class="toccolours mw-collapsible mw-collapsed">
<li>Appeal from Installation Head's Decision</li>
<li>Appeal from Installation Head's Decision</li>
<div class="mw-collapsible-content">
If the grieved employee desires to appeal the decision of the head of the installation but does not desire a
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
hearing, he shall appeal within five (5) working days after receipt of the decision in writing to the second
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decision.
decision.
The appeal shall contain the following information:
The appeal shall contain the following information:
1. Title and grade level of grievant
<ol style="list-style-type:decimal">
2. Nature of grievance
<li>Title and grade level of grievant</li>
3. Corrective action requested and reasons
<li>Nature of grievance</li>
4. Summary of efforts made to resolve grievance informally
<li>Corrective action requested and reasons</li>
5. Name of designated representative (individual or organization) if any
<li>Summary of efforts made to resolve grievance informally</li>
6. Decision of the installation head
<li>Name of designated representative (individual or organization) if any</li>
7. Any additional information pertinent to the grievance
<li>Decision of the installation head</li>
8. A request for informal discussion if such is desired
<li>Any additional information pertinent to the grievance</li>
<li>A request for informal discussion if such is desired</li></ol>
</div></div>
<div class="toccolours mw-collapsible mw-collapsed">
<li>Hearing</li>
<li>Hearing</li>
<div class="mw-collapsible-content">
If the employee desires a hearing either he or his representative must notify the installation head, in writing,
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)
within five (5) working days of the installation head's decision. The installation head shall within three (3)
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held in abeyance unless changed by the second level. The decision rendered at the second level of appeal is
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.
binding and shall be promptly implemented by the installation head.
</div></div>
<div class="toccolours mw-collapsible mw-collapsed">
<li>Official Time, Installation Level</li>
<li>Official Time, Installation Level</li>
<div class="mw-collapsible-content">
The employee and his chosen representative shall have a reasonable amount of official time to present his
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
grievance. A reasonable amount of time is determined by local management, except that the chairman of
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Members of the hearing committee and representatives for management shall be granted official time for
Members of the hearing committee and representatives for management shall be granted official time for
necessary absences from their assigned tours.
necessary absences from their assigned tours.
</div></div>
<div class="toccolours mw-collapsible mw-collapsed">
<li>Appeal from Hearing Committee Decision</li>
<li>Appeal from Hearing Committee Decision</li>
<div class="mw-collapsible-content">
If the decision of the hearing committee is not acceptable to the grievant or to the installation head, either
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
party may appeal in writing within ten (10) working days from the hearing committee decision to the
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if he desires such discussion. As most postal installations are post offices the second appeal would be to the
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
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
applicable to all employees. The installation heads and the second levels of appeal are indicated in [[#Installation Head and Second Level of Appeal]]Section
T.
T.
If the grievant appeals, a copy of the letter of appeal shall be submitted to the installation head who shall
If the grievant appeals, a copy of the letter of appeal shall be submitted to the installation head who shall
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appeals he should submit the grievance file with the letter of appeal to the Regional Director and copy of
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.
the letter of appeal to the grievant.
</div></div>
<div class="toccolours mw-collapsible mw-collapsed">
<li>Decision of the Regional Director</li>
<li>Decision of the Regional Director</li>
<div class="mw-collapsible-content">
If the grievant or his representative requests informal discussion prior to the decision, the Director of the
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
Personnel Division shall then arrange for the employee and/or his representative to meet with him for
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and the installation head. The basis for the decision shall be stated as clearly as practical and the grievant
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.
shall be notified of any further appeal rights.
</div></div>
<div class="toccolours mw-collapsible mw-collapsed">
<li>Appeals from the Regional Director's Decision</li>
<li>Appeals from the Regional Director's Decision</li>
<div class="mw-collapsible-content">
The decision of the Regional Director may be appealed to the Department by the grievant or his
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
representative within ten (10) working days from the date of the Regional Director's decision. The appeal
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of the decision and will forward copies to appropriate postal officials, the employee organization with
of the decision and will forward copies to appropriate postal officials, the employee organization with
national exclusive recognition and such other parties deemed necessary.
national exclusive recognition and such other parties deemed necessary.
</div></div>
<div class="toccolours mw-collapsible mw-collapsed">
<li>Residual Authority</li>
<li>Residual Authority</li>
<div class="mw-collapsible-content">
These procedures in no way impair the residual authority of the Postmaster General.
These procedures in no way impair the residual authority of the Postmaster General.
</div></div>
<div class="toccolours mw-collapsible mw-collapsed">
<li>Termination</li>
<li>Termination</li>
<div class="mw-collapsible-content">
A grievance will be terminated when so requested by the grievant at any stage of the proceedings.
A grievance will be terminated when so requested by the grievant at any stage of the proceedings.
</div></div>
<div class="toccolours mw-collapsible mw-collapsed">
<li>Promotion Appeal Procedure</li>
<li>Promotion Appeal Procedure</li>
<div class="mw-collapsible-content">
An employee desiring to appeal a promotion grievance must observe the following 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
<ol style="list-style-type:decimal">
gave rise to the situation being grieved. The grievance must be filed with an official one level
<li>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.</li>
above the official who made the initial decision. There will be no informal settlement of
<li>Steps in a promotion appeal are as follows:</li>
promotion grievances.
<ol style="list-style-type:lower-alpha">
2. Steps in a promotion appeal are as follows:
<li>A decision of an installation head may be appealed to the Regional Director or official designated at the second appeal level.</li>
a. A decision of an installation head may be appealed to the Regional Director or official designated
<li>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.</li>
at the second appeal level.
<li>No appeal is permitted beyond the Assistant Postmaster General, Bureau of Personnel.</li>
b. A decision of a Regional Director or official designated at the second appeal level may be
<li>An employee desiring to appeal from the first or second level must do so within ten (10) days after receipt of the decision.</li></ol></ol>
appealed to the Assistant Postmaster General, Bureau of Personnel.
</div></div>
c. No appeal is permitted beyond the Assistant Postmaster General, Bureau of Personnel.
<div class="toccolours mw-collapsible mw-collapsed">
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>
<li>Violations of Local Agreements</li>
<div class="mw-collapsible-content">
The established grievance procedure shall be followed through and including the decision of the installation
The established grievance procedure shall be followed through and including the decision of the installation
head.
head.
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requested, a discussion may be had with the Regional Special Assistant for Employee Relations prior to the
requested, a discussion may be had with the Regional Special Assistant for Employee Relations prior to the
issuance of the decision.
issuance of the decision.
</div></div>
<div class="toccolours mw-collapsible mw-collapsed">
<li>Exceptions to Procedure</li>
<li>Exceptions to Procedure</li>
<div class="mw-collapsible-content">
When the action giving rise to the grievance has been taken by, or at the specific direction of, an official
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
above the installation head or above the second level of appeal, the written grievance should be filed
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grievance is filed. The hearing shall be held in a location convenient to the grievant and his witnesses,
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.
normally at the installation where the grievant is employed.
<li>Installation Head and Second Level of Appeal</li>
</div></div>
{| class="wikitable" style="margin:auto"
<div class="toccolours mw-collapsible mw-collapsed">
|+ Caption text
{{:Article 9 Section T JNA 1964}}
|-
<div class="mw-collapsible-content">
! Installation !! Installation Head !! Second Level of Appeal
</div></div>
|-
<div class="toccolours mw-collapsible mw-collapsed">
| 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>
<li>Discrimination</li>
<div class="mw-collapsible-content">
When an employee alleges in his grievance appeal that the action complained of is based in whole or in part
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
on discrimination because of race, creed, color, or national origin, the claim of discrimination shall be
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Departmental regulations. However, this will not prohibit the Department from processing the grievance to
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>
a conclusion prior to the investigation and adjudication of the complaint of discrimination.</ol>
</div></div>
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