Formatting § 2.4 CIM v5 2021

§ 2.4 Dual Filing

The Union, at the national and local levels, will take affirmative steps to ensure that bargaining-unit employees are informed that they should not pursue essentially contractual matters simultaneously under the grievance and EEO processes.

The Union, at the national and local levels, will not encourage dual filing of grievances.

(The preceding Article, Article 2, shall apply to Mail Handler Assistant employees.)

Question: Can an employee file a grievance and EEO complaint simultaneously on the same issue?

Answer: Yes. The Union has agreed, however, to take affirmative steps to ensure that bargaining unit employees are informed that they should not pursue essentially contractual matters simultaneously under the grievance and EEO processes. The Union also has agreed, at both the National and Local levels, not to encourage dual filing.

Question: If an EEO complaint and a grievance are filed on the same issue, does the settlement of the EEO complaint automatically make the grievance moot?

Answer:: No. If the grievance has moved past the Step 1 level, then the Union must be signatory to any settlement that would include a waiver of the grievance.

Source: Step 4 Grievance H4N-3U-D 2506, dated April 15, 1987.

Question: Can an administrative EEO complaint be settled in a manner that is contrary to the provisions of the National Agreement?

Answer: No. EEO settlements may not take precedence over the language contained in the collective bargaining agreement.

Source: Step 4 Grievance H1C-3F-C 25743, dated December 6, 1985.

Question: Are employees entitled to compensation for time spent outside of normal working hours while testifying in an EEO hearing?

Answer: Yes. Witnesses whose presence at the EEO hearing is officially required will be in a duty status during a reasonable period of waiting time prior to their testimony at the hearing and during their actual testimony.

Source: Step 4 Grievance H1N-5G-C 15447, dated October 22, 1987.