Department of Labor and Afge Local 12 Grievance Form

Department of Labor and Afge Local 12 Grievance Form

DEPARTMENT OF LABOR AND AFGE LOCAL 12 GRIEVANCE FORM

General Information

Name of Grievant: Gregory PeckAgency: BLS

Name of Local 12 Representative: Eleanor Lauderdale

Type of Grievance:

Employee x

Union 

Department

Step One Grievance

Date of Alleged Violation: September 1, 2006

Alleged Violations:

Contractual, statutory or regulatory violations–

CBA Articles 3, 14, 18, 26, 38, 46 and 49. 5 USC 7116(a) (1) & (2) and 5 U.S.C. 2302 (b) (1)(B).

Underlying facts of the grievance--

On September 2, 2006, the Agency terminated the employee without due process even though he was a member of the Local 12 bargaining unit and has been employed at the Department continuously for more than eight years. Mr. Peck was hired into an “indefinite-excepted appointment” position. His position entitled him to “all benefits (i.e., health insurance, life insurance, retirement) associated with a permanent appointment.” Despite the fact that his eight years of service has rendered his position permanent, Mr. Peck, a bargaining unit employee, has been terminated without being accorded the rights of redress pursuant to Articles 46 and 49 of the CBA. In summarily removing Mr. Peck, management has also violated Articles 3, 14, 18, and 26 of the CBA. Further, management led Mr. Peck to believe that he would be converted to career status, and caused Mr. Peck to rely on that belief to his detriment.

Step Two Grievance

Alleged Violations:

Specific description of how each contract article, section and/or subsection was violated:

  1. Article 3, Section 1 – The grievant has not been treated with “fairness and dignity”.
  2. Article 14, Section – Nothing in the grievant’s progress review led to the expectation that he would be terminated, as opposed to converted, upon the departure of the employee for whom he was a reader.
  3. Article 18, Sections 7 and 5 – The grievant was never informed about opportunities for entrance level positions; even when the grievant made himself aware of positions and properly applied for those positions, he was never selected because management needed him to stay in the position to which he was originally appointed.
  4. Article 26 – The grievant does not fall within the purview of either a temporary or probationary employee.
  5. Article 38 – Management’s actions are contrary to outstanding statutory and case law.
  6. Article 46, Section 4 – The grievant was not informed of his right to union representation in the face of this adverse action.
  7. Article 49, Section 5 – The grievant was not given notice, nor an opportunity to respond, to the impending action of removal.

8. Management’s action also constitutes an unfair labor practice under

5 USC 7116(a) (1) & (2) and 5 U.S.C. 2302 (b) (1)(B).

Remedy Sought:1. Reinstatement of the grievant to employment at DOL.

2. Conversion of the grievant to career employment.

3. Award of back pay for any loss wages caused by the removal, along with attendant benefits.

4. Award of attorney’s fees.

5. The posting of an unfair labor practice signed by the Assistant Secretary for Employment Standards

6. Any and all other remedies deemed appropriate.

Issues and/or allegations not raised during the Step 2 grievance process will not be addressed by an arbitrator (See Article 48, Section 8).

Signature: Gregory Peck______

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