Appeal or Grievance Options. Matters covered under Sections 4303 (reduction in grade, or removal for unacceptable performance) and 7512 (removals, suspensions for more than fourteen (14) days, reduction in grade or pay, or furlough for thirty (30) days or less), of Title 5 of the USC may, at the discretion of the aggrieved employee, be raised either under the appropriate Statutory procedures (MSPB) or under the negotiated grievance procedure, but not both. For the purposes of this Section, an aggrieved employee shall be deemed to have exercised his/her option to raise a matter either under the applicable Statutory procedures or under the negotiated grievance procedure at such time as the employee timely files a written notice of appeal under the applicable Statutory procedures, or timely files a formal grievance in writing in accordance with the provisions of the Parties’ negotiated grievance procedure, whichever event occurs first.
Appeal or Grievance Options. An aggrieved employee affected by a removal or reduction in grade based on unacceptable performance, or adverse actions may, at his/her option raise the matter under a statutory appeal procedure or the negotiated grievance procedure, but not both. For the purpose of this section and pursuant to Section 7121(e)(1) of Chapter 71 of Title 5 U.S. Code, an employee shall be deemed to have exercised his option under this section when the employee files, in a timely manner, a notice of appeal under the appellate procedure or files a timely grievance in writing and under the negotiated grievance procedures.
