ARTICLE 39
GRIEVANCE PROCEDURE

SECTION 1 - GENERAL

A. The purpose of this Article is to provide a mutually
acceptable method for prompt and equitable settlement of
grievances. We agree that cooperative discussions of disputes
should generally occur and attempts be made to resolve them
before a grievance is filed.

B. Nothing in this Agreement shall be construed as
precluding discussion between a bargaining unit employee and/or
their designated Union representative and the supervisor about a
matter of concern.

C. Once a matter has been made the subject of a formal
grievance under this procedure, nothing in this Agreement shall
preclude the Union and the Agency from attempting informally to
resolve the grievance.

SECTION 2 - SCOPE OF GRIEVANCE

A. A grievance means any complaint:

1. by any employee concerning any matter relating to the
employment of the employee;

2. by any labor organization concerning any matter
relating to the employment of any employee; or

3. by any employee, labor organization, or Agency
concerning:

a. the effect, interpretation, or a claim of breach,
of a collective bargaining agreement; or

b. any claimed violation, misinterpretation, or
misapplication of any law, rule, or regulation affecting
conditions of employment.

B. The procedure contained herein shall be the sole
procedure available for resolution of grievances of employees in
the unit and the Parties hereto, except as provided in Section 4
of this Article.

C. The Parties to this Agreement and all employees within
the unit shall be entitled to use the procedures contained
herein. The procedure will not be available to any employee
outside of the unit.

SECTION 3 - MATTERS EXCLUDED

A. Excluded from the grievance procedure are:

1. Any claimed violation of Subchapter III of Chapter 73
of Title 5 U.S.C. (relating to prohibited political activities).

2. Retirement, life insurance, or health insurance.

3. A suspension or removal under Section 7532 of Title 5
U.S.C. (related to national security).

4. Any examination, certification, or appointment.

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

6. Nonselection for promotion from a group of properly
ranked or certified candidates. This does not apply to the right
to grieve over improper procedures used during the selection
process.

7. Termination of temporary promotion.

8. Termination while serving under a time-limited
appointment.

9. Nonadoption of a suggestion.

10. Preliminary notice of proposed action which, if
effected, would be covered by this Article.

11. Disapproval of honorary or discretionary awards.

12. The reassignment or demotion of an employee to a
nonsupervisory position during the probationary period served by
new supervisors.

13. Separation actions taken on an employee serving a
trial or probationary period.

SECTION 4 - APPEAL OR GRIEVANCE OPTION

An employee alleging discrimination or affected by a removal
or reduction in grade based on unacceptable performance, or an
adverse action, may at his or her option raise the matter under
the appropriate statutory appellate procedure or under the
provisions of this Article, but not both. For the purposes of
this Section and pursuant to Section 7121(d) and (e) (1) of 5
U.S.C., an employee shall be deemed to have exercised his or her
option under this Section at such time as the employee timely
files a notice of appeal under the applicable appellate
procedures or timely files a grievance in writing in accordance
with the provisions of this Article, whichever occurs first.

SECTION 5 - REPRESENTATION

A. An employee or group of employees who files a grievance
under this procedure may only be represented by an individual
designated by the Union. The provisions of Section 6 apply as
appropriate.

B. An employee or group of employees may present a grievance
under this procedure without representation as long as the
resolution is not inconsistent with the terms of this Agreement
and providing that a Union representative is given an opportunity
to be informed of the grievance proceedings, before final
decision.

C. A Union representative will be on official time when
performing representational functions under this Article during
normal duty hours. In the interest of expeditious and economical
processing of grievances, the Union will designate a
representative from within DFAS and, whenever possible from the
immediate worksite or office of the grievant(s). When it is not
possible to designate a representative at the immediate worksite,
office, or from a nearby area, attendant to the circumstances of
the particular case, the Agency will pay for a reasonable amount
of travel and per diem, as applicable, for the Union
representative for representational functions associated with any
step of the grievance procedure specified in Section 6 of this
Article. In no case will the Agency grant official time or bear
the costs of travel and per diem for such representational
functions for a Union representative designated from outside
DFAS.

SECTION 6 - EMPLOYEE GRIEVANCE PROCEDURE

A. STEP 1. (Informal) A grievance concerning a particular
act or occurrence shall be presented within ten (10) workdays
after the date of that act or occurrence or the date the employee
(or group of employees) became aware of that act or occurrence.
The grievance will be presented orally or in writing to the
employee's supervisor or other appropriate management official
who will act promptly to resolve the grievance. The supervisor
will issue a decision within ten (10) workdays after the
presentation of the informal grievance. If the informal
grievance is in writing, the decision will be in writing. If the
employee is not satisfied, he or she may submit a formal
grievance for consideration in accordance with the procedural
steps set forth below. An employee must seek informal resolution
of a grievance before he or she may request relief through the
formal grievance process except in those situations described in
Section 8.B. of this Article.

B. STEP 2. (Formal)

1. If an employee (or group of employees) is
dissatisfied with the decision arrived at in Step 1, he or she
may, within ten (10) workdays, alone or with a representative,
present the grievance for further consideration in writing to the
Directorate/Division level (as appropriate) of supervision above
the level specified in Step 1 above. Refer to paragraph G for
written requirements.

2. The Agency will promptly furnish the Union a copy of
the grievance when the Union has not been named as the
representative.

3. A meeting may be held at the request of either the
supervisor or the employee. If the employee desires to have a
meeting, he or she should request one in the written grievance.
If a meeting is to be held, the supervisor must arrange such
within five (5) workdays after receipt of the grievance. The
Union will be notified when it has not been selected as the
representative, which will constitute an invitation for the Union
to be present at the meeting if held.

4. The supervisor will give a written decision to the
grievant(s) within ten (10) workdays after the date of the
meeting, or if a meeting is not held, within ten (10) workdays
after his or her receipt of the grievance. A copy of this
decision will be furnished to the Union when it is not the
representative of the employee(s).

5. At any step in this procedure, where a group of
employees are grievants, the group will be bound by the decision
of the employee selected as representative for the group.

C. STEP 3. (Formal) If the employee (or group of
employees) is dissatisfied with the decision rendered in Step 2,
he or she may forward the grievance, within ten (10) workdays
from the receipt of such decision, in writing to the
Deputate/Directorate. A meeting may be held at the request of
either the Deputate/Directorate or the employee. If the employee
desires to have a meeting, he or she should request one in the
written grievance. If a meeting is to be held, the
Deputate/Directorate must arrange such within five (5) workdays
after receipt of the grievance. The Union, if not the
representative, will be notified of the date, time, and place of
any meeting and shall be allowed to attend same. The
Deputate/Directorate shall give the grievant(s) a written
decision within ten (10) workdays after the meeting, if held, or
within ten (10) workdays after receipt of the grievance. A copy
of the decision will be furnished to the Union.

D. Alternative Grievance Step 3

If a grievance has not been satisfactorily resolved at Step 3, a
written grievance may be submitted to the Labor-Management
Committee by either the Union or Management within ten (10)
workdays after receipt of the Step 3 decision. The grievance
will be placed as an agenda item at the next regularly scheduled
meeting, or sooner, for committee discussion. A written response
will be given to the aggrieved Party within ten (10) workdays
after the decision.

E. STEP 4. (Formal) If the employee (or group of
employees) is dissatisfied with the decision rendered in Step 3,
he or she may forward the grievance, within ten (10) workdays
from the receipt of such decision, in writing to the Center
Director or designee at a higher organizational level than the
deciding official at the previous step. This is the Final
Administrative Review. The Final Administrative Reviewer will
review the grievance and, if he or she desires, arrange for a
meeting with the principals involved within five (5) workdays
from receipt of the grievance. In those instances where they
have not been designated as the grievant(s) representatives, the
Union shall be invited to attend such meetings. The Final
Administrative Reviewer shall give the grievant(s) a written
decision within ten (10) workdays after the meeting, if held, or
within ten (10) workdays after receipt of the grievance. A copy
of the decision will be furnished to the Union.

F. A grievance not satisfactorily resolved at Step 4 of this
procedure may be referred to arbitration in accordance with the
procedures specified in the Arbitration Article in this
Agreement.

G. Written grievances must be signed by the grievant(s) or
their representative and must include the following data:

1. The aggrieved employee(s)' name, position title,
grade, and organization.

2. A description of the basis for the grievance
including, where appropriate, facts such as times, dates, names,
and similar pertinent data.

3. A brief statement of the step(s) taken to informally
resolve the grievance.

4. The personal remedy that is being sought.

5. Identification of the employee's representative.

6. If known, the specific section(s) of the Article(s)
of this Agreement, or law, rule, or regulation with respect to
personnel policy, practices, or other matters affecting
conditions of employment that is subject(s) of the grievance.

7. If known, identify issue(s) not resolved at the
previous step.

SECTION 7 - UNION/AGENCY GRIEVANCE PROCEDURE

A. Disputes that arise between the local Parties are
encouraged to be informally resolved in a cooperative manner
prior to filing a formal Union or Agency grievance. If a dispute
remains unresolved, either Party may file a written grievance
with the Center Director/Union President.

B. In the case of a Union grievance:

1. The Union files a written grievance with the Center
Director within ten (10) workdays. Within ten (10) workdays, the
Center Director provides a written decision to the Union.

2. If still unresolved, the Union may invoke
arbitration.

C. In the case of an Agency grievance:

1. The Agency files a written grievance with the
President of the Union within ten (10) workdays. Within ten (10)
workdays, the President of the Union provides a written decision
to the Agency.

2. If still unresolved, the Agency may invoke
arbitration.

SECTION 8 - MODIFICATION OF PROCEDURES

A. The time limits at any step of the negotiated grievance
procedures may be extended by the mutual consent of the Parties.
An extension justified by DFAS workload, Union caseload, or
emergencies will be approved. If given orally, the denial will
be followed up in writing.

B. Employee grievances concerning formal disciplinary or
adverse actions grievable under this Article will begin at the
first level of Management above the deciding official and be
filed at a formal step as appropriate. In these cases, the time
limit for filing the grievance will be ten (10) workdays after
receipt of the notice of decision.

SECTION 9 - FAILURE TO MEET REQUIREMENTS

A grievance must be timely filed at the initial step. If
either party fails to meet the prescribed time limits after the
initial step, the grievance processing will continue (if
pursued). If the grievance is not resolved and is submitted for
arbitration, the arbitrator will decide the timeliness issue as a
threshold matter if so requested by either party. The
employee(s) or the Parties may withdraw the grievance at any
time.

SECTION 10 - RECORDS AND DOCUMENTATION

The Agency shall, upon request, furnish the grievant(s) with
pertinent records, regarding a grievance under this Article,
subject to limitations of the Privacy Act. Information/data that
cannot be shared with the Union or grievant so that a proper
defense may be prepared cannot be used to support any action
against an employee.

SECTION 11 - WITNESSES

All DFAS employee(s) testifying on a grievance being
processed under this Article shall be in a duty status and paid
travel and per diem expenses in accordance with appropriate
regulations.