Grievance & Arbitration
For federal employees, grievances are available to challenge adverse employment actions and decisions. Depending on your status as a bargaining unit or non-bargaining unit employee, your rights to file a grievance will be set forth through a Collective Bargaining Agreement (CBA) or through agency policy.
Non-bargaining unit employees (managers, most criminal investigators, or other employees not represented by a collective bargaining unit) have the right to file “administrative grievances” to challenge workplace actions. Members of a union who are covered by a CBA have rights to file a grievance as spelled out in the applicable CBA. Often, the grievance process involves multiple procedural steps that culminate in an arbitration proceeding. For bargaining unit employees, generally your unions will take the lead to present a grievance of an agency action that is adverse to your interests.
Avery Dooley & Noone attorneys work with local unions to prepare grievances on behalf of members, provide legal guidance to address complex issues that arise, and represent the local and its member at arbitration. Moreover, if the union is unable or unwilling to assist in internal grievance matters, we can assist you in exercising your rights under the CBA to file a grievance.
When the matter that is properly the subject of a grievance is also properly the subject of a discrimination complaint, your election to file a grievance may preclude you from filing an Equal Employment Opportunities Commission (EEOC) complaint. Our attorneys can assist you in making a proper election of forums to hear your complaint, assist you in preparing the legal and factual arguments for your grievance, and represent you throughout grievance procedures up to and including arbitration. Contact us to find out more about our expertise in grievance and arbitration proceedings.