The question raised in this grievance involved whether or not management improperly denied the grievant access to the grievance-arbitration procedure. In this grievance, a bargaining unit employee serving in a 204-B supervisory position was disciplined and afforded grievance rights under the provisions of Chapter 650, Employee and Labor Relations Manual. The Union contends that despite the 204-B assignment the grievant was a bargaining unit employee. Therefore, when the discipline was imposed, the right to challenge such action through the grievance-arbitration procedure was not lost by virtue of a temporary move out of the bargaining unit. During our discussion, we mutually agreed that without precedent and without prejudice to the position of either party, in this instance, the grievant shall be afforded access to the grievance-arbitration procedure. It should be noted that in the instant case, the conduct giving rise to the discipline is not inherently related to the supervisory functions of the employee. Accordingly, as we further agreed, this case is hereby remanded to the parties at Step 3 for further processing.
Document Type: Step 4 Agreement
APWU National Grievance Number: H1C3UD4961
Craft: Clerk