Representing Federal Employees in Grievances for Over 25 Years
At Berry & Berry, PLLC, we represent federal employees nationwide in grievance and arbitration matters arising from workplace disputes, disciplinary actions, retaliation, and unfair treatment. Our attorneys have more than 25 years of experience navigating complex federal employment systems and advocating for our clients at every step of the process.
What is a Federal Employee Grievance?
A federal employee grievance is a formal complaint concerning any matter relating to your employment that falls within your agency’s grievance procedures. These procedures are often established by federal regulations or collective bargaining agreements and provide a way to resolve workplace disputes without resorting immediately to litigation.
Common issues addressed in grievances include:
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Disciplinary actions (warnings, suspensions, removals)
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Negative performance evaluations
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Pay and compensation disputes (overtime, hazard pay)
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Seniority, details & temporary promotions
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Work schedule disputes
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Denial of leave or official time
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Retaliation or reprisal claims
Grievances typically begin informally and then move to a formal written filing, giving you structured opportunities to present your case and seek resolution.
Types of Grievance Processes
Depending on your status and agency:
1. Administrative Grievance Process
For federal employees not represented by a union, this is usually the process prescribed by your agency’s internal procedures. These may involve multiple steps including written submissions and response meetings.
2. Union Grievance Process
If you’re represented by a labor union, the grievance process is governed by your collective bargaining agreement (CBA). These negotiated procedures typically allow for arbitration if the grievance cannot be resolved at earlier steps.
How Many Steps are There in a Federal Employee Grievance?
There can be multiple steps to the grievance process. Most grievance processes have two steps (often referred to as “Step 1,” “Step 2,” etc.), but we have seen some grievance processes that have as many as six steps. Each step is another chance to resolve the grievance before a new official. The goal of the grievance procedure is to present and resolve the workplace dispute.
What Is Arbitration and When Does It Apply?
If a grievance cannot be resolved during the internal process, the next step, where available, may be binding arbitration. Arbitration is a private dispute-resolution process where a neutral arbitrator hears evidence and issues a final decision.
Key points about arbitration in federal employment:
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Arbitration is not automatic — generally, only the agency or union may invoke it under the CBA.
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Your union must generally authorize arbitration before a matter proceeds.
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An arbitration decision can cover broad issues — from discipline and suspension to termination — and is final and binding under most CBAs.
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If arbitration isn’t available or appropriate, other forums (such as the Merit Systems Protection Board, EEOC, or OSC) may remain options.
Why You Need Skilled Legal Representation
Federal grievance and arbitration procedures involve strict deadlines, procedural rules, and legal interpretations that vary by agency and bargaining unit. An experienced federal employment attorney can:
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Analyze which grievance path best fits your case
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Draft persuasive grievance submissions and responses
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Guide you through multiple levels of review
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Advise on arbitration strategy or alternative remedies
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Protect your appeal rights in other forums if necessary
Trying to navigate these processes alone can jeopardize your rights, especially if deadlines or procedural steps are missed.
Contact Us
Please contact Berry & Berry, PLLC to schedule a consultation with an attorney to discuss your grievance or arbitration matter. Our firm is experienced in representing employees in employment grievances and arbitrations.
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