Appeal and Grievance Options Sample Clauses

Appeal and Grievance Options. An employee who has been adversely affected by a removal for cause, a reduction-in-grade based on unacceptable performance, an adverse action or discrimination, may at their option raise the matter under applicable Statutory appellate procedures or the negotiated grievance procedure, but not both. For the purposes of this section and pursuant to applicable Sections in 5 U.S.C. 7121 of the Federal Labor Relations Statute, an employee must be deemed to have exercised their option under this section when the employee files a timely notice of appeal under the appellate procedure or files a timely grievance in writing under the negotiated grievance procedure.

Appeal and Grievance Options a. An employee affected by a removal or reduction in grade, based on adverse action (5 U.S.C., Chapter 75) or unacceptable performance (5 U.S.C., Chapter 43) may at his or her option raise the matter under a statutory appellate procedure or the negotiated grievance procedure, but not both. For the purpose of this section and pursuant to Title 5, U.S.C., Chapter 71, Section 7121 of the Statute, an employee shall be deemed to have exercised his or her option to raise a matter under the aforementioned appellate procedures or under the negotiated grievance procedure when the employee files a notice of appeal under the appellate procedures or files a grievance in writing under the negotiated grievance procedure, whichever occurs first. b. An employee affected by a prohibited personnel practice may raise the matter under a statutory procedure (Office of the Special Counsel or Merit System Protection Board) or the negotiated grievance procedure, but not both. Employees shall be deemed to have exercised their option at such time as they file a grievance in writing or initiate formal action under the appellate procedure within prescribed time frame(s).