1.  PURPOSE: The purpose of this Article is to provide a mutually acceptable method for the prompt and equitable settlement of grievances filed by bargaining unit employee(s), the Union or the Employer.

The Employer and the Union recognize the importance of settling disagreements and disputes promptly, fairly, and in an orderly manner that will maintain the self-respect of the employee and is consistent with the principles of good management. To accomplish this, the Parties will attempt to settle grievances expeditiously and at the lowest level of supervision. Employees and their representatives will be unimpeded and free from restraint, interference, coercion, discrimination or reprisal, consistent with 5 U.S.C. and this Agreement, in seeking adjustment of grievances.

2.  DEFINITIONS: A grievance means any complaint by an employee concerning any matter relating to employment of the employee; by the Union concerning any matter relating to the employment of any employee; by any employee, the Union or the Employer concerning the effect or interpretation or claim of breach of a collective bargaining agreement, or any claimed violation, misinterpretation, or misapplication of any law, rule or regulation affecting conditions of employment.

3.  EXCLUSIONS: This grievance procedure does not apply to -

a.  Those matters excluded by Section 7121(c) of USC; i.e., any grievance concerning:

(1) Any claimed violation of USC Chapter 73, Subchapter III, relating to prohibited political activities;

(2) Retirement, life insurance, or health insurance;

(3) A suspension or removal for reasons of national security;

(4) Any examination, certification, or appointment; or

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

b.  Individual appeals to Reductions-in-Force.  This does not prevent the Union from filing a grievance alleging violation of this Agreement or violation of appropriate regulation on matters affecting other than an individual case.

c.  Non-adoption of a suggestion, disapprovals of quality step increases, and performance awards or other kinds of discretionary or honorary awards.  However, grievances may be filed alleging violations of Article 19.

d.  The content of critical elements and performance standards.  However, grievances may be filed alleging violations of Article 18.

e.  The termination of temporary employees with appointments of 700 hours or less and probationary employees.

a.  Adverse Action (5 U.S.C. 7512) to MSPB or EEOC (if discrimination is alleged);

b.  Actions Based on Unacceptable Performance (5 U.S.C. 4303) to MSPB or EEOC (if discrimination is alleged); or

c.  Discrimination [5 U.S.C. 2302 (b) (1)] to EEOC.

5. APPLICATION:  A grievance may be undertaken by the Union, the Employer, an employee, or a group of employees.  Only the Union may represent employees in such grievances. However, any employee, or group of employees, may personally present a grievance and have it adjusted without representation by the Union, provided that the Union will be given the opportunity to be represented in all the discussions in the grievance process.  Any adjustment of the grievance must be consistent with the terms of this Agreement.  Employees who choose the Union as the representative are individually and collectively bound by the actions and decisions of the representative.

6. INFORMAL PROCEDURE:

a.  An employee may present orally or in writing a matter of dissatisfaction with the immediate supervisor, or with the lowest level official who can adjust the grievance, within 30 days of an act or occurrence, or the date the employee was aware or reasonably should have been aware of the act or occurrence. The immediate supervisor may extend this time limit for good cause.

b.  The immediate supervisor shall investigate, and, if necessary, discuss the matter with higher levels of Management, and interview witnesses, or any other persons having knowledge of the pertinent facts relating to the incident or matter of concern. Within 15 days of the employee's presentation, the supervisor shall then render a decision and take appropriate action. The decision will be rendered orally if the grievance was presented orally or in writing if presented in writing. The grievant, if still dissatisfied, or if no decision is given within the 15 day limit, shall have the right to proceed in filing a Formal Grievance.

c.  Supervisors and employees shall make every effort to resolve the problem or correct any misunderstanding at the lowest level possible.

a.  Step 1:

A written grievance normally should be filed at the lowest Management level that has the authority to resolve the matter.  However, when the lowest level is with the employee’s first level supervisor, the written grievance may be filed at the employee’s second level.  In this instance, the second level supervisor will obtain the written response of the first level supervisor for consideration in responding to the grievance. The employee's written presentation must identify matters and issues which form the basis of the grievance and the personal relief sought, and state the specific agreement provision, law, rule or regulation alleged to have been violated. Within 15 days from receipt of the grievance, or the date of the meeting held in accordance with (g) below, whichever is later, the supervisor will issue a decision in writing, granting, modifying, or denying the relief requested. The decision will advise the employee of the name and location of the Step 2 official with whom to proceed if necessary.

b.   Step 2:

The employee may appeal to the Step 2 official (Regional or Office Director, or appropriate management official) using the Step 1 format within 15 days after the Step 1 decision was or should have been issued, or the employee may request grievance mediation in accordance with Article 21. If the Step 1 official is the Regional or Office Director, the Step 2 Deciding Official will be the management official next in the chain of command. The Step 2 official will not be the DAS for CA/PPT, unless the Managing Director was the responding management official at Step 1. Copies of the original Step 1 grievance and the written answer to the grievance will be given to the Step 2 deciding official. Failure by the Union or employee to file a timely appeal automatically terminates the grievance. Within 15 days from receipt of the grievance, or the date of the meeting held in accordance with (g) below, whichever is later, the Step 2 official will issue a decision in writing to the employee granting, modifying, or denying the relief requested. The decision will advise the employee of the name and location of the Step 3 official with whom to proceed, if necessary.

c.  Step 3:

The employee may appeal to the Step 3 official (Deputy Assistant Secretary for Passport Services, or appropriate management official) using the Step I format within 30 days after the Step 2 decision was or should have been issued. Copies of the complete grievance file and the written answers to the grievance will be given to the Step 3 deciding official. Failure by the Union or employee to file a timely appeal automatically terminates the grievance. The Step 3 official will issue a final written decision granting, modifying, or denying the relief requested, so that the Union or employee will receive the decision within 30 days from the Employer’s receipt of the grievance.

d.  If the grievance is not satisfactorily settled at Step 3, the Union may refer the matter to arbitration in accordance with Article 22 (Arbitration).

e.  All time limits in the Article may be extended only by mutual written consent of the Parties.

f.  At any stage of the grievance procedure, if the grievance is filed with an inappropriate management official or supervisor, the official will forward the grievance to the appropriate deciding official and promptly notify the grievant who the deciding official will be.

g.  Upon written request, the Step 1 or Step 2 official, or designee, will discuss the grievance with the employee and/or representative within five (5) days of presentation of the grievance. The meeting will extend the time limit for the Employer's response by five (5) days.

h.  At any step of the negotiated grievance procedure, when any management deciding official designates someone to act on his/her behalf, that designee will have complete authority to render a decision at that step and will render the decision. If the designee would be someone who decided the issue at any previous step, then the grievance may be elevated to the next higher level.

i.  In the event either party should declare a grievance non-grievable or non-arbitrable, the original grievance shall be considered amended to include this issue. The Employer agrees to raise any question of grievability or arbitrability of a grievance no later than the time the Step 2 decision is given. However, the Employer may raise the non-grievability or non-arbitrability of a management right (as defined in 5 U.S.C. 7106(a)(1)) at any time.

 j.  Failure of the Employer to observe the time limits stated in this grievance procedure shall, at the election of the grievant, advance the grievance to the next Step.

k. Grievance decisions will be served directly upon the employee either by mail or in person with a copy to the Union representative. Proof of service shall be:

(1) A return post office receipt executed by the person served; or

(2) A written acknowledgment from the person served when hand delivered.

l. In all grievance decisions by either Party, the basis for any denial will be given.

a.  In those instances where the Employer alleges that a Union official or representative has violated the Agreement or where the Union alleges that the Employer or the Employer's representative has violated the Agreement and has not been filed as an employee grievance and informal discussions with the person or persons giving rise to the alleged violation have failed to resolve the issue, the Employer or the grievant shall file a written grievance with the Union President or the Employer's representative within thirty (30) days of the alleged violation or within thirty (30) days of the date the Employer or the Union became aware of the alleged violation. The Union President and the Employer's representative will confer within fifteen (15) days in an attempt to resolve the grievance. The Union President or the Employer's representative shall investigate and shall render a written decision within ten (10) days.

b.  If the Union President or the Employer's representative fails to respond within ten (10) days, or if the Employer or Union finds the decision unacceptable, the Party filing the grievance may invoke the arbitration procedures contained in Article 22 (Arbitration).