§7121 Grievance Procedures

Summary

Collective bargaining agreements must give a way to handle and settle employee grievances. The process must be fair, simple, and fast. It must let the union that represents workers bring and handle grievances for the union or any worker. A worker can also file a grievance alone and the union can be present. If a grievance is not solved, either the union or the agency may take it to binding arbitration. If the grievance involves an alleged prohibited personnel practice, the arbitrator can order a pause of a personnel action like section 1221(c) allows and can order the agency to take certain disciplinary steps listed in section 1215(a)(3). A worker who is disciplined because of an arbitration order can appeal that discipline the same way as if the agency had done it. Some matters cannot be handled under these grievance procedures. These include claims about prohibited political activity under subchapter III of chapter 73, retirement or life and health insurance, suspensions or removals under section 7532, exams or appointments, and position classifications that do not lower grade or pay. If a grievance also involves a prohibited personnel practice, the worker must choose either the negotiated grievance process or the statutory procedure; the choice is made by whichever filing happens first. For matters under sections 4303 and 7512 an employee may choose either an appeal under section 7701 or the negotiated procedure; arbitrators in those cases follow section 7701(c)(1) and their awards get the same judicial review under section 7703 as Board decisions. For other prohibited personnel practices, an employee may pick only one remedy: an appeal to the Merit Systems Protection Board under section 7701, the negotiated grievance procedure, or seeking corrective action from the Office of Special Counsel under section 1214(a)(1). Settlements and awards are limited by section 5596(b)(4).