collective bargaining agreement contract between - Bureau of Indian ...

employees can appeal adverse actions or unsatisfactory performance based actions to theMerit Systems Protection Board (MSPB).(3) If the employee files with the MSPB, Equal Employment Opportunity Commission(EEOC), or under the NGP, the respective procedure will be used.Section 5. RepresentationAny Employee desiring representation under the negotiated grievance procedure at any step may haveonly Union representation or someone appointed by the Union. An employee may personally present agrievance and have it resolved without representation by the Union provided the Union is at alldiscussions between Management and the employee in the grievance process and resolutions.Section 6. ResolutionMost grievances arise from misunderstandings or disputes that can be resolved promptly andsatisfactorily on an informal basis at the immediate supervisory level. The Employee and theirimmediate supervisor, or the Management Official who has the authority to resolve the matter, areencouraged to meet to discuss any cause of dissatisfaction in an effort to resolve the matter prior toraising the issue as a grievance. The Union is also encouraged to have discussions with Management inan effort to resolve matters prior to filing a grievance in the matter.Section 7. ProcedureA. Time Frame. Unless it is continuing in nature, the grievance must be received (date stamped)within fifteen (15) work days of the incident or personnel action giving rise to the grievance orwithin fifteen (15) work days after the date that the grievant could reasonably be expected to beaware of the incident or personnel action. A continuing violation is an exception to the generalrule for grievance filing time limits. For example, where the Union or an employee asserts thatan alleged violation has occurred on a continuing basis, a grievance filed within fifteen (15) workdays of a discrete event would be considered timely filed. This exception would exist whenneither the Union, nor the employee, nor Management was aware or may reasonably have beenexpected to be aware of the facts or assertions giving rise to the grievance.B. Format: Grievance Form (Appendix E) must be completed and must contain the following:(1) Employee’s Name/Union(2) Office, School, or Agency location;(3) Telephone number;(4) Date of the alleged incident or personnel action(5) Description of the facts of the grievance85