GPSS Grievance Procedures

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4.A.

PROCEDURES

4.A.1.

Freedom from Reprisal or Interference

4.A.1.a.

An employee and his representative shall be free to use the grievance system without restraint, interference, coercion, discrimination, or reprisal.

4.A.1.b.

An employee, whether acting in an official capacity for GPSS, or on any other basis, must not interfere with, or attempt to interfere with, another employee's exercise of his rights under this grievance system. To be fully effective, the spirit as well as the letter of this noninterference requirement must be enforced. It is not enough for an official to abstain from overt threats or interference. He should refrain from making any statement or taking any action, which has the appearance or even the flavor of a threat, interference or intimidation.

4.A.2.

Employee's Status During Grievance Procedures

An employee's status during each procedural level shall be status quo.

4.A.3.

Right to Seek Advice

All levels of management will provide an opportunity for an employee to communicate with and seek advice from:

4.A.3.a.

his personnel office;

4.A.3.b.

the Equal Employment Opportunity Officer or GPSS's equal
employment opportunity counselor; or

4.A.3.c.

a supervisory or management official of higher rank than the employee's
immediate supervisor.

4.A.4.

Representation

4.A.4.a.

An employee has the right to present a grievance without representation.

4.A.4.b.

An employee has the right to present a grievance with representation.

4.A.4.b.1.

An employee has the right to be accompanied, represented, and advised by a representative of his choice at any stage of the grievance proceedings.

4.A.4.b.2.

An employee may change his representative, but to do so, he must notify his supervisor and the Superintendent of Education of the change in writing.

4.A.4.b.3.

A person chosen by the employee must be willing to represent him.

4.A.5.

Official Time for Presentation of the Grievance

4.A.5.a.

An employee must be given a reasonable amount of official time to present his grievance if he is otherwise in an active duty status.

4.A.5.b.

An employee's representative, if he is an employee of the Government of Guam and is otherwise in an active duty status, must be given a reasonable amount of official time to present the grievance.

4.A.5.c.

There is no requirement that the official time for the presentation include time for investigation or preparation, or that it include travel expense or per diem travel allowance or consultation with private attorney.

4.A.6.

Termination of Grievance

4.A.6.a.

An employee who has filed a grievance may terminate the grievance at any time.

4.A.6.b.

Failure on the part of the employee to proceed to a higher step of the grievance procedures within the time period specified, will terminate the grievance.

4.A.7.

Management's Responsibility for Timely Action and Settlement at the Lowest Possible Level

4.A.7.a.

It shall be the responsibility of management to settle grievances fairly and promptly at, or near the organizational level where the employee brought the grievance was brought to their attention.

4.A.7.b.

Failure by management to render a decision to the employee within the allotted time at any step constitutes denial, and the employee may then proceed to the next step of the grievance procedures.

4.B. STEP 1 - INFORMAL GRIEVANCE PROCEDURES

4.C. STEP 2 - FORMAL GRIEVANCE PROCEDURES - NEXT ADMINISTRATIVE LEVEL

4.D. STEP 3 - FORMAL GRIEVANCE PROCEDURES - SUPERINTENDENT

4.E. STEP 4 - APPEAL TO THE CIVIL SERVICE COMMISSION