k. Allegations of mismanagement when no form of personal relief to the employee isappropriate.l. Reduction-in-Force.m. Allegations of discrimination involving Equal Employment Opportunity (EEO) matters.Section 4. Questions that cannot be resolved by the parties as to whether or not a grievance is ona matter subject to the grievance procedure or is subject to arbitration will be referred to anarbitrator as a threshold issue in the arbitration on the merits of the grievance.Section 5. A grievance may be undertaken by the Union, an employee, or a group of employees.An employee or group of employees in the bargaining units covered by this agreement, in filing agrievance under this procedure, may be represented only by the Union. In this context, theEmployer recognizes the right of the Union to designate its own representatives. An employee orgroup of employees wishing to present such a grievance without Union representation may do so;however, any adjustment of the grievance must not be inconsistent with the terms of thisagreement, <strong>and</strong> the Union shall be afforded the opportunity to be present during the grievanceproceeding. In exercising their rights to present a grievance, bargaining unit employees <strong>and</strong>Union representatives shall be unimpeded <strong>and</strong> free from restraint, coercion, discrimination, orreprisal.Section 6. An aggrieved employee affected by a removal or reduction in grade for unacceptableperformance, or by an adverse action, may at his/her option raise the matter under a statutoryappeals procedure, or the negotiated grievance procedure, but not both. An employee shall bedeemed to have exercised his/her option under this section when the employee timely files a noticeof appeal under the appellate procedure, or files a timely grievance in writing under the negotiatedgrievance procedure.Section 7. If a bargaining unit employee resigns, transfers, or otherwise leaves the bargaining unitprior to the issuance of a final decision on his/her grievance, <strong>and</strong> no issue of compensation isinvolved, the grievance will be terminated <strong>and</strong> all parties notified in writing by the Employer.Section 8. The following steps will be used for resolving grievances under this procedure:Step 1. The grievance shall first be presented orally to the immediate supervisor by thegrievant <strong>and</strong> his/her Union representative, if the aggrieved party elects to have one. If thegrievance involves the first line supervisor, the grievant may go to the second level supervisorwith his/her Step 1 grievance. On the date the Step 1 grievance is presented, the grievant orhis/her union representative, if any, will serve written notice on the next level of supervision that aStep 1 grievance has been filed, <strong>and</strong> indicate the date of the Step 1 meeting. The Step 1 grievancemust be initiated within twenty (20) workdays of the incident that gave rise to the grievance,unless the grievant was unaware of the incident by such time. In that case, the grievance must be19
initiated within twenty (20) workdays from the date the grievant becomes aware of the incident.The grievant shall plainly identify the discussion as a grievance, provide his/her supervisor withspecific details of the grievance, <strong>and</strong> indicate the corrective action desired in order to resolve thegrievance. The supervisor will provide a written decision to the grievant, with a copy to his/herUnion representative, if any, within seven (7) workdays after presentation of the grievance.Included with such decision shall be a written statement indicating the grievant's right to submitthe grievance to the next level of supervision within ten (10) workdays.Step 2. If a satisfactory settlement has not been reached at Step 1, the grievant or his/herrepresentative will submit the grievance in writing within ten (10) workdays to the next higherlevel supervisor, who shall call <strong>and</strong> arrange to meet with the grievant <strong>and</strong> his/her representativewithin five (5) workdays after receiving the written grievance. The written grievance shall alsocontain the duty phone numbers of the grievant <strong>and</strong> his/her Union representative, if any. Awritten decision will be provided to the grievant with a copy to his/her Union representative, ifany, within ten (10) workdays following the meeting.Step 3. If a satisfactory settlement has not been reached at Step 2, the grievant or his/herrepresentative will submit the grievance in writing within ten (10) workdays from receipt of theStep 2 decision to the installation Comm<strong>and</strong>er; Director, U.S. Army Research Laboratory - WhiteS<strong>and</strong>s; Chief, U.S. Army Test, Measurement <strong>and</strong> Diagnostic Equipment Support Group - WhiteS<strong>and</strong>s; Comm<strong>and</strong>er, McAfee U.S. Army Health Clinic; or Comm<strong>and</strong>er, U.S. Army Dental Clinic -White S<strong>and</strong>s, as appropriate. The installation Comm<strong>and</strong>er or head of tenant activity, or his/herdesignated representative, will review the grievance, conduct whatever analysis <strong>and</strong> investigationhe/she deems necessary to resolve the grievance, <strong>and</strong> render a written decision on the grievanceno later than ten (10) workdays from date of receipt of the employee's grievance. If the decisionis unsatisfactory to the Union, the Union may invoke arbitration in accordance with the provisionsof <strong>Article</strong> 12.Section 9. Grievances of the Union will be submitted in writing by the Union President, or his/herdesignee, to the installation Comm<strong>and</strong>er within fifteen (15) workdays of the occurrence whichcaused the grievance. The written grievance will state the basis for the grievance <strong>and</strong> thecorrective action sought. A meeting will be held within ten (10) workdays of receipt of the Uniongrievance between appropriate officials of the Employer <strong>and</strong> the Union in an attempt to resolvethe grievance. The Union President, or his/her designee, will be given a written decision by theinstallation Comm<strong>and</strong>er or his/her designated representative within ten (10) workdays after themeeting. If the grievance is not resolved to the satisfaction of the Union, the Union President maythen submit the grievance to arbitration under the provisions of <strong>Article</strong> 12.Section 10. Employer grievances will be submitted by the installation Comm<strong>and</strong>er, or his/herdesignee, to the Union president within fifteen (15) workdays of the occurrence which caused thegrievance. The written grievance will state the basis for the grievance <strong>and</strong> the corrective actionsought. A meeting will be held within ten (10) workdays of receipt of the Employer grievancebetween appropriate officials of the Employer <strong>and</strong> the Union in an attempt to resolve the20