GRIEVANCE SETTLEMENT TECHNIQUES

Participants’ Handout

 

 

OVERVIEW: This class will start with a review of the fundamentals of filing a grievance, but move from there to the techniques used to settle a grievance.

 

OBJECTIVES: At the end of this class, the participants should be able to do the following:

1. Assess the chances of winning a grievance.

2. Manage a grievance settlement effort from the first step to the last.

 

 

Before we go on, make a list of the toughest problems you confront in settling a case.

#1

#2

#3

#4

#5

#6

#7

 

 

REFRESHER QUIZ: Read through the following description of a grievance and

identify at least five things that could have been improved.

Gail Hernandez has been a union activist for five years and currently serves as the union designee on the local joint EEO committee. Last week she went to see Barry Kelly, the union steward in her area, because her manager had denied her some overtime opportunity that she thought should have been hers. Gail outlined how this is the third time in the last month this has happened and how the manager also seems to be doing this to the other two women in her group who also should have been given overtime opportunities that they were not. Gail says that about three weeks ago this guy made a comment to the other two women that he would not give any women nighttime overtime because the neighborhood was too dangerous. Barry realized that the Gail was not getting her fair share of overtime and immediately filed the attached grievance.

 

 

 

NTEU GRIEVANCE FORM

Grievant(s): Gail Hernandez Date: 2/14/99

 

( ) And other similarly situated employees.

General Nature of the Violation(s):

Gail was not given her fair share of overtime on the night of 2/13/99.

 

 

 

Articles (and Sections) Violated:

Article 18 (Overtime), Section 2 (B) (1) (iii), i.e., overtime should be distributed fairly and equitably.

 

We also allege violations of laws, rules and regulations related to this grievance. ( ) See attached for specific citations regarding unfair labor practices and/or prohibited personnel practices.

Remedies:

She wants an apology

 

 

 

Union Representative: Tele. No.:

Barry Kelly X-6411

 

 

 

 

 

NTEU GRIEVANCE FORM

Grievant(s): Date:

 

( ) And other similarly situated employees.

General Nature of the Violation(s):

 

 

 

 

 

Articles (and Sections) Violated:

 

We also allege violations of laws, rules and regulations related to this grievance. ( ) See attached for specific citations regarding unfair labor practices and/or prohibited personnel practices.

Remedies:

 

 

 

 

 

Aside from those remedies specifically mentioned in this grievance, we also request any other remedy deemed appropriate by proper authorities.

Union Representative: Tele. No.:

 

 

 

NTEU GRIEVANCE ADDENDUM

In addition to our general allegation that claims violations of all laws, rules and regulations related to the nature of the grievance, we are listing some specific sections of law violated as indicated by the check marks below

UNFAIR LABOR PRACTICES (5 USC Section 7116 (a))

It was a violation for management

___ 1) to interfere with, restrain, or coerce any employee in the exercise by the employee of any right under this chapter;

___ (2) to encourage or discourage membership in any labor organization by discrimination in connection with hiring, tenure, promotion, or other conditions of employment;

___(3) to sponsor, control, or otherwise assist any labor organization, other than to furnish, upon request, customary and routine services and facilities if the services and facilities are also furnished on an impartial basis to other labor organizations having equivalent status;

___(4) to discipline or otherwise discriminate against an employee because the employee has filed a complaint, affidavit, or petition, or has given any information or testimony under this chapter;

___(5) to refuse to consult or negotiate in good faith with a labor organization as required by this chapter; [This includes a unilateral change in past practice and a refusal to bargain.]

___(6) to fail or refuse to cooperate in impasse procedures and impasse decisions as required by this chapter;

___(7) to enforce any rule or regulation (other than a rule or regulation implementing section 2302 of this title) which is in conflict with any applicable collective bargaining agreement if the agreement was in effect before the date the rule or regulation was prescribed; or

___ (8) to otherwise fail or refuse to comply with any provision of this chapter.

 

PROHIBITED PERSONNEL PRACTICES (5 USC Section 2303 (b))

___A. Discriminate for or against any employee or applicant for employment:

1. On the basis of race, color, religion, sex, or national origin, as prohibited under section 717 of the Civil Rights Act of 1964;

2. On the basis of age, as prohibited under sections 12 and 15 of the Age Discrimination in Employment Act of 1967;

3. On the basis of sex, as prohibited under section 6(d) of the Fair Labor Standards Act of 1938;

4. On the basis of handicapping condition, as prohibited under section 501 of the Rehabilitation Act of 1973;

5. On the basis of marital status or political affiliation, as prohibited under any law, rule, or regulation.

___B. Solicit or consider any recommendation or statement, oral or written, with respect to any individual who requests or is under consideration for any personnel action unless such recommendation or statement is based on the personal knowledge or records of the person furnishing it and consists of:

1. An evaluation of the work performance, ability, aptitude, or general qualifications of such individual; or

2. An evaluation of the character, loyalty, or suitability of such individual.

___C. Coerce the political activity of any person (including the providing of any political contribution or service), or take any action against any employee or applicant for employment as reprisal for the refusal of any person to engage in such political activity.

___D. Deceive or willfully obstruct any person with respect to such person's right to compete for employment.

___E. Influence any person to withdraw from competition for any position for the purpose of improving or injuring the prospects of any other person for employment.

___F. Grant any preference or advantage not authorized by law, rule, or regulation to any employee or applicant for employment (including defining the scope or manner of competition or the requirements for any position) for the purpose of improving or injuring the prospects of any particular person for employment.

___G. Appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a civilian position, any individual who is a relative (as defined in Title 5 of the United States Code) of such employee if such position is in the agency in which such employee is serving as a public official(as defined in Title 5 of the United States Code) or over which such employee exercises jurisdiction or control as such an official.

___H. Take or fail to take a personnel action with respect to any employee or applicant for employment as a reprisal for:

1. A disclosure of information by an employee or applicant which the employee or applicant reasonably believes evidences:

(a) a violation of any law, rule, or regulation; or

(b) mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, if such disclosure is not specifically required by Executive Order to be kept secret in the interest of national defense or the conduct of foreign affairs; or

2. A disclosure to Special Counsel of the Merit Systems Protection Board, or to the Inspector General of an agency or another employee designated by the head of the agency to receive such disclosures, of information which the employee or applicant reasonably believes evidences:

(a) a violation of any law, rule, or regulation, or,

(b) mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.

___ I. Take or fail to take any personnel action against any employee or applicant for employment as a reprisal for the exercise of any appeal right granted by any law, rule, or regulation.

___J. Discriminate for or against any employee or applicant for employment on the basis of conduct which does not adversely affect the performance of the employee or applicant or the performance of others; except that nothing in this subsection shall prohibit an agency from taking into account in determining suitability or fitness any conviction of the employee or applicant for any crime under the laws of any State, of the District of Columbia, or of the United States.

___K. Take or fail to take any other personnel action if the taking of, or failure to take, such action violates any law, rule, or regulation implementing, or directly concerning, the merit system principles contained in the Civil Service Reform Act of 1978.

INVESTIGATING THE GRIEVANCE

Employee and Employee Witness Questions

Basically, when dealing with an employee who wants to file a grievance or an employee witness, the key to success is finding out everything they know or suspect about the incident--even things they may not know they know. Here are questions to ask normally.

___ 1. Generally, what happened to create this grievance?

___ A. What did you see?

___ B. Who said what?

___ 2. What specific actions were taken and by whom?

___ 3. When did these events occur? (Get them in chronological order.)

___ A. When did you learn about these events?

___ 4. Where did all these events take place?

___ 5. Is there any other evidence besides your statements and recollections that all this occurred on these dates, e.g., names of witnesses, documents, etc.? Is there evidence to the contrary?

___ 6. How have all or any of these events harmed you?

___ A. Have you lost anything you already had?

___ B. Have you lost something you would otherwise have had?

___ 7. Do you have in mind any specific provisions of the contract, law, regulation, or agency publications that management violated by the above?

___ 8. Does it seem like management violated a past practice in your group or larger work area when they did this to you?

___ 9. Why do you think that management did this to you?

____ 10. What remedy do you want or what will it take to make you whole again?

___ 11. Have you already discussed this with any manager and, if so, what did they say?

___ 12. Have any other employees been harmed similarly by these actions? If so, who?

It is a good idea to write up the answers to these questions so you, the chief steward or Field Representative will remember them and not have to cover the same ground twice.

INVESTIGATING THE GRIEVANCE

Questions for Management

At times, you want to talk to the line managers and/or personnel and other support staff to find out what they know about the incident. This can occur before the time to file the grievance or during the grievance procedure. The questions you want to asks them are related to the ones asked the employee or witnesses you have already interviewed.

1. Generally, what happened to create this situation?

___ A. What did you see? ___ B. Who said what?

2. What specific actions were taken and by whom?

3. When did these events occur? (Get them in chronological order.)

___ A. When did you and the employee learn about these events?

4. Where did all these events take place?

5. Is there any other evidence that I should consult or that certifies what happened, e.g., witnesses, documents, etc.? Is there evidence to the contrary?

6. How have all or any of these events harmed ________?

___ A. Has he/she lost anything you already had?

___ B. Has he/she lost something he/she would otherwise have had?

7. Do you have in mind any specific provisions of the contract, law, regulation, or agency publications that regulate the actions management took?

8. Has there been a past practice in your group or larger work area that management followed when it did this?

9. Why did management do this to?

10. What, if anything, can be done to correct the problem or to help_____________ feel like he/she was treated fairly? What did lose as a result of the management decision?

11. Have you already discussed this with the employee and, if so, what was said?

12. Were any other employees involved in these management actions? If so, who?

It is a good idea to write up the answers to these questions so you, the chief steward or Field Representative will remember them and not have to cover the same ground twice.

INVESTIGATING THE GRIEVANCE

Questions for the Chief Steward

Management is not the only source of information. Often the other union representatives have information you can use. Here is a list of questions you may want to ask the Chief Steward or other stewards if you have regular steward meetings.

1. Do we have any similar cases to this now in progress in other work areas?

2. Have we had similar cases in the past and how have they turned out?

3. Do we know if we have ever arbitrated a case like this and, if so, what was the result?

4. Is this a case where there may be "bargaining history" I should know about? If so, how do I find out.

5. Is this a case that we would typically take to arbitration? If that is unclear at this point, what do I need to find out to help the chapter make that decision?

INVESTIGATING THE GRIEVANCE

The Law, Rules, and Regulations

Although most of the formal terms and conditions of employment can be found in the contract, you want to be sure that you have checked every possible source for guidance on what should happen. In the federal sector, this means you have the check

___ The law (The U.S. Code or USC)

___ The Code of Federal Regulations (CFR)

___ The Departmental Regulations

___ The Agency Regulations

___ Regional or Local Regulation Supplements

All of these should be available in Personnel and Personnel has to give you access to and copies of portions relevant to your grievance or potential grievance.

 

 

 

INVESTIGATING THE GRIEVANCE

Accessing Agency Records

There are three laws that give the union access to agency records. These are the,

Civil Service Reform Act

The Freedom of Information Act

The Privacy Act

We briefly describe your rights under each of these on the following pages. Generally, you just want to ask management for any document you think is relevant to deciding whether you have a grievance or that will help you argue and understand a grievance you have already filed. You should not have to cite the law you are using. However, if you do, then these one-page guides will give you a good idea of how to respond. A model letter is also included.

WHEN SHOULD WE ATTEMPT TO SETTLE A GRIEVANCE?

There is no mathematical certainty about when to settle and when to push on. However, there are some factors you should look to when trying to get a feel for whether or not to settle. Read through the list to see if you agree with it or can add anything from your personal experiences.

#1--Do You Have An Acceptable Offer?

This is the most important factor. If you have an offer that is not precisely what you wanted, but acceptable to the employee and union chapter leadership, then it is usually time to settle. About the only reason not to settle in this case is if the union wants to take that grievance as a test case on a major precedent.

 

#2--Is There a Problem with the Merits of Your Case?

This is almost as important as the factor above. If you have a good case in terms of the theory and evidence, then settling will only lead management to believe they never have to worry about you going all the way to arbitration. However, the more weaknesses your case has, the more you should consider settling.

 

#3--Does the Case Have Lot of Risks?

You can have a reasonably good case, but if it has a high risk of setting bad precedent, then consider settling lest that case hurt the entire unit. On major precedential issues, we want the best case possible.

 

#4--Will the Case Drag Out So Long the Remedy Will Be Useless?

Some times a case is not about principle or precedent, but about getting what an employee needs when he needs it. If it will take too long to grieve and arbitrate --so long that the arbitration decision will be useless, then look to settle.

#5-- Is the Grievance Over a Marginal Issue?

At times, we file a grievance only to make a statement because the actual issue, while important to the employee, is not one which is important to others. In these cases, look for a settlement.

 

#6--Do You Have Other Options For Getting What You Want?

Often what you cannot get through a grievance decision or at least on a particular case, you can get some other way, e.g., through partnership, committee activity, negotiations, etc. Sometimes, settling a grievance creates or improves a relationship, which can be just as valuable as a substantive settlement at times. If so, look to settle.

 

#7-- Is This Case Going To Cost the Chapter Too Much Money To Arbitrate?

This should be the last factor we consider when deciding whether to settle, but it is legal to consider. Ideally, if it is too expensive or not worth the money, we can get a remedy some other way.

 

#8-- Any Other Factors?

 

 

 

 

 

 

TEST YOURSELF- What conclusion would you draw from applying the factors listed above to these facts?

You just inherited this grievance from a steward that was promoted into management. The grievance involves three women who claim they should have been given an equal share of the overtime passed out one weekend, i.e, four hours each. The contract says that, "Overtime should be distributed equally among volunteer." Management denied the women overtime because it decided that due to some high crime recently in the neighborhood, it would be unwise to have women coming into the nearly deserted area on a weekend. It also alleges that the women never volunteered since their names are not on the sign-up sheet. They did not sign it, but they will testify that they never knew it was being circulated to ask for volunteers that weekend. Moreover, they say that even in the past when there have been similar periods of high crime that other women were given overtime in that office. Since none of them work there now, you will have to find them to certify what they will say. The Labor Relations Specialist has informally said that management will give the women some make-up overtime from future overtime opportunities to even out their share if the union drops the grievance.

How do you assess this situation in terms of settlement? Remember the factors.

#1-- Do You Have An Acceptable Offer?

#2-- Is There a Problem with the Merits of Your Case?

#3-- Does the Case Have Lot of Risks?

#4-- Will the Case Drag Out So Long the Remedy Will Be Useless?

#5-- Is the Grievance Over a Marginal Issue?

#6-- Do You Have Other Options For Getting What You Want?

#7-- Is This Case Going To Cost the Chapter Too Much Money To Arbitrate?

STEPS TO BUILDING A GRIEVANCE SETTLEMENT

Like most other representational process, it helps to think about it as if it were a series of steps you have to climb to get there. We have listed those steps below, along with some advice as to what you will encounter at each step.

Step #1-- Assess the Settlement Potential of the Grievance

You have to review the case, including all the evidence you have or that is available to you, before you can decide whether the case should be settled or pursued. This means using the settlement factors listed above as well as talking to the chief steward, chapter president or even the national field representative about what you recommend--and what they need from the grievance. Otherwise, you cannot even give the grievant a good assessment of his or her case.

Step #2-- Talk to the Grievant

Actually, this step starts with listening to the grievant as soon as he or she contacts you for the first time about the grievance. Every steward should conduct that first meeting with the grievant assuming that, even though the grievant has identified a specific remedy he or she wants, often they have other acceptable options. Your job is to listen to and talk with the grievant throughout the grievance to see if you can identify any interests that underlie the specific requested remedy. For example, someone asking for an award may only be seeking any kind of recognition for a particular job. Some specific tips here are to ask the grievant for some settlement options, present some options your self for a reaction, and set up a meeting with the grievant and chief steward to sell a particular settlement plan. Do you have other tips?

Step #3-- Develop a Plan for Approaching the Manager

There are three ways to approach a settlement effort. First, you can try to move the conversation away from a discussion of positions and "who is right; who is wrong" to a discussion of interests.

Second, if interest-based activity does not work, focus on three arguments, i.e.,

A. Why the organization will treat your settlement idea as acceptable?

B. Why your settlement idea is consistent with principles or values the manager holds?

C. Why your settlement idea will work for both sides?

Third, remind the manager of all he or she stands to lose if the case does not settle at his or her level, e.g., face, control, precedent, time, money, etc.

A settlement strategy uses all three of these approaches to maximize settlement potential.

Step #4-- Draft a Settlement Proposal

There are several rules to follow in developing a written settlement agreement. Know what they are when drafting your own proposal or evaluating management’s.

PRACTICAL EXERCISE- Step # 3 requires that you be able to identify the interests that management has in a grievance. Reread the practical exercise titled "TEST YOURSELF" that appears just before this page. Identify the interest management may raise in settling a grievance such as this.. Then, list any other interests management typically has in a grievance. Put this list on the left side of this page. Once you have that done, use the space on the right to list various ways that the interests could be met. In other words, brainstorm some alternate solutions.

Management’s Interests Alternate Solutions

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6/

 

 

 

 

7/

 

 

 

 

8/

 

 

 

 

How Can the Three Arguments Be Used Here to Boost Settlement Potential?

 

How Could Power Be Used To Boost Settlement Potential?

TEST YOUR CREATIVITY- Aside from knowing various ways to meet management’s needs in settlement discussions, you also have to know different ways to get an employee the same thing. Below are a list of situations on the left side of the page. Read them and try to identify other ways that managers could give the employee essentially the same remedy.

#1 A grievance was filed when management denied an employee admin leave so that he could vote and give blood the same day. As a result of the denial of admin leave the employee took annual leave and now wants the four hours of annual leave he took restored. The manager shows some recognition of the fact that maybe he erred in denying the annual leave request, but makes of point of how hard it is to get permission to give employees retroactive annual leave. How else could this problem be solved?

#2 The employee was given a Letter of Reprimand for losing his temper in an argument with another employee. A grievance was filed to have the letter withdrawn. The manager hints that he might be able to withdraw the letter, but he wants something on the record to show this incident took place–just in case it occurs again. The employee wants his official personnel file cleared of any letter. How else could this problem be solved?

#3 An employee filed a grievance because she should have been allowed to work two hours of overtime. The manager indicates that it is likely that he will "probably be proven wrong" if taken to a hearing, but complains that it is nearly impossible to get aback pay request through personnel. He asks if it is acceptable to give the employee the next two hours of overtime work irrespective of who should get it under the contract. What counteroffer might you give him that avoids the need to provide back pay?

#4 An employee filed a grievance because she thought she should have received a higher score in an appraisal factor due to her work on one project that the manager totally ignored in preparing the appraisal. The manager responded that the work on the project was very good, but that he is not going to change her appraisal due to other reasons. The employee is upset because it means she will not get a negotiated performance appraisal award with her current scores. Is there some other way to get her award money?

#5 An employee has been denied the right to move to a 5/4/9 work schedule because the manager believes that there are many days when there is work to be done on the day that the employee would be off from work. The manager is just not comfortable with giving the employee a long-term or permanent right to take a day off every two weeks. The employee is not so much concerned with a guarantee that she can have a day off every two weeks as she is with having some flexibility in her schedule. What can you do for her short of a 5/4/9?

#6 An employee has filed a grievance because she disagree with her evaluation in three critical elements. The manager does not want to change the appraisal scores. Is this hopeless or can something be done short of a change in scores?

 

 

Can you think of other creative alternatives your chapter has developed in common grievance situations?

PRACTICAL EXERCISE- Drafting a Settlement Agreement

Here is a draft of a settlement agreement that management gave the union based on the "TEST YOURSELF" case we have discussed twice. Read through it and critique it. To help you do this, copies of two other settlement agreements are included on the following pages. Read them to get a good idea of all the issues that could be addressed in one of these documents. Then critique this document below by identifying its flaws and what could be done to improve it.

March 17, 1999

M E M O

TO: Charles Kelley, NTEU Steward

RE: Grievance 99-31

Having discussed this grievance, the undersigned have agreed to the following:

1. The union will withdraw this grievance with prejudice simultaneous with signing this memo. It will also agree not to file similar grievances over the same facts.

2. The union will not publicize this settlement in any way. If it does, it must repay management for any overtime payment made to the employees.

3. Management does not admit any error by entering into this settlement and this settlement says nothing about whether the contract was violated.

4. This settlement will be nonprecedential despite the language of the national contract.

5. Settlement is subject to approval by the Personnel Officer, once this memo has been signed by the management and union representative.

6. Management will reimburse the three grievants for the three hours of pay they lost.

__________________________ _______________________

For NTEU and the Grievants For Management

 

 

SETTLEMENT AGREEMENT

 

In full, complete and binding settlement of the I. M. Grievant (NTEU, NTEU Chapter 346 and IRS, Vancouver District), the parties agree as follows:

    1. To avoid the costs and hazards of litigation, the Agency will pay the grievant the lump sum of Six Thousand Five Hundred Dollars ($6,500.00). This amount is not compensation for lost or future wages. Accordingly, the Agency agrees not to issue a 1099 to the Grievant for this payment.
    1. The Agency agrees to expedite the processing of this payment and will exercise all reasonable efforts to deliver the check to the Grievant within thirty (30) days of the submission of the request for payment. Agency counsel will submit the request for payment to the Regional Fiscal Office the day the executed agreement is received by her.
    1. A new SF-50, reflecting "voluntary resignation for personal reasons" shall be prepared and inserted into, and retained as a permanent part of, the Grievant’s Official Personnel Folder.
    2. The Agency agrees that with the exception of the IRS Personnel Function, and the Department of the Treasury, IRS, Office of Chief Counsel, no files or records related to the underlying performance action will be maintained by the agency that reference the Grievant by name or any other identifying characteristic.
    3. The Grievant agrees to refer prospective employers to the Vancouver District Personnel Office for all employment verification information.
    1. The Agency agrees to respond to prospective employer inquiries regarding the Grievant’s reason(s) for separation from the Service by advising the inquirer(s) that the Grievant voluntarily resigned for personal reasons.
    2. The Agency also agrees that it will disclose no information to any prospective employer regarding any performance related problems relevant to the Grievant.
    1. The Agency understands that the Grievant has been issued a letter of entitlement to unemployment compensation. The Agency agrees not to contest the Grievant’s past or future entitlement to unemployment compensation as it relates to her having resigned from the Agency.
    2. Each party will be responsible for its own costs and attorneys fees. The Union and Grievant expressly waive all rights to seek such costs and fees from the Agency.
  1. This agreement is non-precedential and will not be used by either party to justify similar terms in present or future cases.
  2. The Union agrees to withdraw its invocation(s) of arbitration in this case.
  3. The parties have read, understood, and voluntarily entered into this agreement.

Done this 8th day of March, 1999.

 

 

 

 

FOR THE GRIEVANT: FOR THE AGENCY:

 

 

 

____________________ __________________

I.M. GRIEVANT I. M.. WEAK

Grievant Attorney

IRS Regional Counsel - GLS

 

 

 

_____________________

S. U. PERMAN

Assistant Counsel

National Treasury Employees Union

 

 

 

 

SETTLEMENT AGREEMENT

 

GRIEVANCES/ARBITRATION FILED

ON BEHALF OF KELLY ROSOTTI

This settlement agreement constitutes a full and complete settlement in accordance with the National Centers Agreement IV of all grievances and arbitrations filed to date against the Internal Revenue Service, Boston Service Center (Agency) by the National Treasury Employees Union, Chapter 472 (Union), on behalf of KELLY ROSOTTI (Grievant). This agreement encompasses any and all complaints, grievances, arbitrations and/or actions in any forum that are pending at the time this settlement agreement is signed by the Grievant.

  1. The Agency will remove all negative performance documentation on Forms 826 Counseling or other documents in the Grievant’s Employee Performance File, for all time periods including but not limited to the periods ending March 31, 1996; June 30, 1996; September 30, 1996; October 31, 1996; November 30, 1996; December 31, 1996; and January 31, 1997.
  2. The Agency will provide reasonable accommodation for the Grievant in accordance with 29 CFR 1680 as necessary for the Grievant to perform the essential job requirements of this position. The Grievant and Union will work cooperatively with the agency in identifying and implementing such reasonable accommodation. Such reasonable accommodation may include, but not be limited to, the acquisition or modification or equipment or devices as recommended by the Masschusetts Rehabilitation Commission or other qualified agency or person.
  3. The Union agrees to withdraw with prejudice the Arbitration Invoked October 4, 1996 (Grievance #583); Grievance #679 filed March 19, 1997; Grievance #667 filed February 11, 1997; Grievance #666 filed February 11, 1997; Grievance #661 filed January 31, 1997; Grievance #657 filed December 11, 1996; and Grievance #652 filed November 25, 1996. Further, the Grievant and the Union agree not to institute any other legal or administrative action or appeal concerning the issues or factual circumstances raised in the above-referenced matters in any forum, except that the Grievant and the Union may raise such factual issues to attempt to establish a pattern of discrimination should it be alleged that the agency has committed any discriminatory acts after the date of this settlement agreement.
  4. The Agency agrees to pay the Grievant the lump sum of Five-thousand dollars ($5,000) within thirty days of the date of this Agreement. This payment settles any and all claims under the Rehabilitation Act of 1973, as amended by the Civil Rights Act of 1991, for pain and suffering, and is not compensation for wages.
  5. The Union waives the right to any attorney’s fees or to costs not otherwise specified in this agreement. The Grievant waives any and all damages of any kind and personnel records adjustments not specified in this Agreement.
  6. This Agreement is for the mutual benefit of the parties and will not establish any precedent. Furthermore, the Agreement may not be used as a basis by any party to seek or justify similar terms in any other pending or subsequent case(s).
  7. The Agency does not admit a violation of any law, rule, regulation or contractual provision nor does the Union concede the absence of any violation.
  8. Within ten (10) days of the date of this Agreement, the Agency agrees to issue a letter of apology to the Grievant as provided in Appendix A of this Agreement: it shall be signed by Barbara Backwards, Chief of Customer Service Division, with copies distributed by the Agency as noted on Appendix A.
  9. The parties agree that the cancellation fee of the Arbitrator, if any, shall be paid by the Agency.
  10. The parties have read understood, and voluntarily entered into this Agreement.

Executed on the respective dates indicated, each signatory retaining a copy hereof.

For the Agency: For NTEU Chapter 472:

 

 

 

___________________________ ______________________________

Date B. Atman Steward Date

Labor Relations NTEU

 

 

 

 

___________________________ _______________________________

Tom Dratts Date Kelly Rosotti Date

Director Grievant

Boston Service Center

A PERSONAL GRIEVANCE SETTLEMENT CHECKLIST

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