§7121 Grievance Procedures

Summary

Collective bargaining agreements must include a way to settle grievances, and that process must cover who decides if a grievance can be heard. The grievance process must be fair, simple, and quick. It must let the union that represents employees file and handle grievances for the unit it represents. It must also let an employee file a grievance on their own while allowing the union to be present. If a grievance cannot be solved in the process, either the union or the agency can take it to binding arbitration. A contract can choose to leave out certain matters from its grievance process. Except for the special rules below in (d), (e), and (g), the negotiated procedure is the only administrative way to resolve covered grievances. Some matters cannot be handled under the negotiated grievance procedure: violations of subchapter III of chapter 73 (political activity), retirement or life or health insurance, suspensions or removals under section 7532, exams/certification/appointments, and job classification changes that do not cut pay or grade. If a grievance also involves a prohibited personnel practice under section 2302(b)(1), the employee may choose either the statutory route or the negotiated procedure, but not both; the choice is made when the employee first files a timely appeal or a timely grievance. Matters under sections 4303 and 7512 may be raised either under the appellate rules of section 7701 or under the negotiated procedure, not both, and an arbitrator in those cases is governed by section 7701(c)(1); judicial review of arbitrator awards follows section 7703 as if the Board decided the case. 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 under chapter 12 procedures (by contacting the Office of Special Counsel under section 1214(a)(1)). Settlements and awards are limited by section 5596(b)(4).