APPEAL OR GRIEVANCE OPTION. An employee alleging discrimination or affected by a removal or reduction in grade based on unacceptable performance, or an adverse action, may at his/her option raise the matter under the appropriate statutory appellate procedure or under the provisions of this Article, but not both. For the purposes of this Section and pursuant to 5 U.S.C. 7121(d) and (e) (1), an employee shall be deemed to have exercised his/her option under this Section at such time as the employee timely files a notice of appeal under the applicable appellate procedure or timely files a grievance in writing in accordance with the provisions of this Article, whichever event occurs first.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Master Labor Agreement, Collective Bargaining Agreement
