Resolución Rectoral de 23 de noviembre por la que se convo-

GRIEVANCE PROCEDURE Section 1 - Definition

Grievance means any complaint:

A. By any unit employee concerning any matter relating to the employment of the employee;

B. By the Union /Local concerning any matter relating to employment of unit employees; C. By any unit employee, the Union/Local or the Department/Management concerning:

1. The effect or interpretation, or a claim of breach of this Agreement; or 2. Any claimed violation, misinterpretation or misapplication of any law, rule, or

regulation affecting conditions of employment.

Section 2 - Purpose

A. This negotiated grievance procedure shall be the sole procedure available to the Union/Local, the Department/Management and the unit employees for resolving grievances over the interpretation or application of this Agreement, its amendments, supplements, or for unit employees over any dissatisfaction with their working conditions.

B. The Parties may negotiate procedures at the local level involving the use of Alternative Dispute Resolution in connection with this Article.

Section 3 - Exclusions

A. This Article shall not govern a grievance concerning:

1. Any claimed violation relating to prohibited political activities (Subchapter III of Chapter 73 of Title 5);

2. Retirement, life insurance, or health insurance;

3. A suspension or removal in the interest of national security under Section 7532 of Title 5; 4. Any examination, certification or appointment;

5. The classification of any position which does not result in the reduction in grade or pay of an employee;

6. The separation of an employee during his/her probationary period;

7. Non-selection for promotion from a group of properly certified candidates; 8. Proposed disciplinary/adverse actions;

9. Matters appealable to the Merit System Protection Board; 10. EEO Complaints;

11. Termination of temporary appointments; and

12. Grievances over appointments or advancements for Title 38 hybrid employees

appointed under the authority of 38 USC § 7401(3) or 38 USC § 7405(a)(1)(B), except to the extent that such grievances assert only that DVA failed to follow its own promotion

procedures. (Such grievances may only be filed following the promotion reconsideration procedures set forth in VA Directive/ Handbook 5005.)

Note 1: A temporary appointment is a non-permanent appointment with a pre-determined

time limit. This includes appointments of one year or less, term appointments of more than one year but not more than four years, and excepted appointments of one to three years. B. Under Title 38 Section 7422, the following additional exclusions apply:

1. Any matter or question concerning or arising out of professional conduct or competence such as direct patient care or clinical competence;

2. Any matter or question concerning or arising out of peer review; and

3. Any matter or question concerning or arising out of the establishment, determination, or adjustment of employee compensation under Title 38.

Note 2: The Language in Paragraph B in the Section shall only serve to preclude a

grievance where the Secretary, or a lawfully appointed designee of the Secretary (currently the Under-Secretary of Health) determines in accordance with 38 USC § 7422 that the grievance concerns or arises out of one or more of the three items listed above. Any determination under this language by the Secretary or his/her designee is subject only to judicial review pursuant to 38 USC § 7422(e).

Section 4 - Informal Resolution

Most grievances arise from misunderstanding or disputes which can be settled promptly and satisfactorily on an informal basis. The Parties agree that every effort will be made to settle grievances at the lowest possible level. Reasonabletime during work hours will be allowed for employees and Union representatives to discuss, prepare for, and present grievances, including attendance at meetings with Management officials concerning the grievance.

Section 5 - Extensions

The Parties may extend any and all time limits in this Article by mutual written agreement.

Section 6 - Procedure

Employees and/or their representatives are encouraged to informally discuss issues of concern to them with their supervisors at any time. Employees and/or their representatives may request to talk to other appropriate officials about items of concern without filing a formal grievance if they choose. In the event of a formal filing of a grievance, the following steps will be followed:

action desired. The immediate or acting supervisor will make every effort to resolve the grievance immediately, but must meet with the employee and the union representative and provide a written answer within 14 calendar days of receipt of the grievance. If the Service Chief or equivalent is the immediate supervisor, the Step 2 grievance will be submitted, if unresolved, to the next higher management official below the Director or equivalent.

Step 2 - If the grievance is not satisfactorily resolved at Step 1, it shall be presented to the

Service/Division Chief, or equivalent management official or designee, in writing, within sevencalendar days of receipt of the Step I supervisor’s decision. The grievance must state the basis for the grievance and the corrective action desired. The Service/Division Chief, or equivalent management official, or designee, shall meet with the employee and his/her representative and provide a written answer within seven calendar days.

Step 3 - If no mutually satisfactory settlement is reached as a result of the second step, the

aggrieved Party or the Local shall submit the grievance to the Director or equivalent, or designee, in writing, within sevencalendar days of receipt of the decision of Step 2. The Director or equivalent, or designee, will meet with the aggrieved employee and his/her representative within ten calendar days to discuss the grievance. The Director or equivalent, or designee, will render a written decision to the aggrieved Party and the Local within ten calendar days after the meeting. If the grievance is not satisfactorily resolved in Step 3, the grievance may be referred to arbitration as provide in Article 45, Arbitration.

Grievance/Arbitrability issues will be resolved as the threshold issues of arbitration, but must have been raised no later than the time the Step 3 decision is given.

Note 3: For Veterans Canteen Service (VSC) employees, Step 2 will be eliminated at those

facilities where two levels of supervisors are not present. In Step 3, the VCS Field Chief Executive Officer, or his/her designee, will be the deciding official. The meeting will be at the duty station of the aggrieved employee and with an official higher than the Canteen Chief.

Note 4: For National Cemetery Administration (NCA) employees, where there are two levels

of supervision, Step 1 will be the immediate supervisor, Step 2 will be an Assistant Cemetery Director, where one exists, and Step 3 will be the Cemetery Director. Where there is only one level of supervision, Step 1 will be the Cemetery Director and Step 1 time limits will apply, Step 2 will be eliminated, and Step 3 will be the Director, Memorial Service Network (MSN), or designee.

Note 5: Filing at Various Steps

It is agreed that grievances should normally be resolved at the lowest level possible. However, there will be times when a grievance may be more appropriately initiated at the second or third step of the grievance procedure. Filing at such steps is appropriate, for example, when a disciplinary action is taken by a Service Chief or higher level, when the supervisor at the lower level clearly has no authority to resolve the issue, or when the Local

grieves an action of a management official other than a Step 1 supervisor. When a grievance is initiated at a higher step, the time limits of Step 1 will apply.

The appropriate management official or designee (secretary, administrative assistant, etc.) shall acknowledge in writing receipt of all grievances.

Note 6: An employee may terminate his/her grievance, in writing, at any time. If an

employee resigns, dies, or is separated by an action other than removal before a decision is reached on a grievance being processed and no compensation issue is involved, theaction may be stopped. (If compensation is involved, the grievance will not be terminated). All interested Parties will be notified that, because of separation, the case is being closed without a decision. In the instances above, if the grievance is identified to be of a nature where it would provide relief for employees other than the grievant, the Localmay elect to continue the grievance.

Section 7 - Failure to Respond in a Timely Manner

Should Management fail to comply with the time limits of Step 1, the grievance may be advanced to Step 2. Should Management fail to comply with the time limits for rendering a decision at Step 2 or Step 3, the grievance shall be resolved in favor of the grievant, provided the following exists:

1. Receipt of the grievance has been acknowledged, in writing by Management at the appropriate step in the grievance procedure; and

2. That the remedy requested by the grievant is legal and reasonable under the circumstances.

Section 8 - Management Authority

At any step of the negotiated grievance procedure, when a management deciding official designates someone to act in his/her behalf, that designee will have the complete authority to render a decision at that step and will render the decision. The designee will not be someone who decided the issue at any previous step.

Section 9 - Representation

Unit employees may present a grievance, which may be adjusted with or without

representation at the grievant’s discretion. The Local has the right to be present during any meeting where the grievant is present which discusses the grievance or adjustment. Management shall provide the Local with notice as soon as possible after a grievance is filed and shall provide the Local with the opportunity to be involved in the scheduling of each meeting between the grievantand the management official. The right to individual

Section 10 - Local Grievances

Local initiated grievances shall be filed with the Director or equivalent within 30 calendar days from the date of the act or occurrence, or the Local’s awareness thereof. The written grievance will identify the matter grieved and the relief sought. The Director or equivalent or designee will meet with the Local President or designee within ten calendar days to discuss the grievance. The Director or equivalent or designee will render a written decision to the Local within 30 calendar days after the meeting.

Section 11 - Management Grievances

Management initiated grievances shall be filed with the Local President or designee and shall constitute Step 3 of the negotiated grievance procedure. Such grievances must be filed within 30 calendar days of the act or occurrence, or when management became aware of the act or occurrence. The Local President or designee will meet with management within 10 calendar days to discuss the grievance. The Local President or designee will render a written decision to management within 30 calendar days after the meeting.

Section 12 - National Level Grievances

A grievance affecting more than one facility may be brought by the NAGE National office or VA Headquarters. A national grievance may also be filed in cases where management at a single facility does not have the authority to resolve the issue. The grievance will be filed with the respective designated representative as follows:

A. Within 45 calendar days of the acts or occurrence or within 45 days from the date of the act or occurrence, or the Party’s awareness thereof, or at any time, if the act or

occurrence is continuing, the aggrieved Party may file a written grievance. The grievance shall specify the basis for the grievance and the corrective action sought. B. Upon receipt of a grievance, the Parties will communicate with each other in an attempt

to resolve the grievance. A final written decision, including any position on grievability or arbitrability must be rendered within 45 days of receipt. If a decision is not issued within such time limit or if the grieving Party is dissatisfied with the decision, the grieving Party may proceed to arbitration in accordance with this Agreement. Unless otherwise agreed to by the Parties, arbitration hearings will be held in VA Central Office.

C. The Department agrees to pay travel and per diem expenses for up to three employee witnesses to provide testimony in connection with the arbitration proceeding, and the Union employee representative presenting the grievance/arbitration. Travel and per diem for additional witnesses will be by mutual agreement of the Parties. The Parties also agree to explore the use of audio and videoconferencing to save costs.

Section 13 - Multiple Grievances

Multiple grievances over the same issue may be initiated as either a group grievance or as separate grievances at any time during the time limits of Step 1. Grievances may be combined and decided as a single grievance at the later steps of the grievance procedures by mutual written consent. When identical grievances are combined, Management’s decision is binding on all cases.

Section 14 - Review of Information

Upon the filing of a grievance, the employee and his or her representative shall be allowed to review any and all documentation, allowable by law and regulation, considered to support the grieved action. This should be provided at the earliest possible time after requested. Upon request, an employee or his/her representative will be provided a copy of any such material.

ARTICLE 45