Other Applicable Procedures Clause Samples
The "Other Applicable Procedures" clause defines additional processes or protocols that must be followed in conjunction with the main agreement. This clause typically outlines supplementary steps, such as compliance with industry standards, internal company policies, or external regulatory requirements, that are not explicitly detailed elsewhere in the contract. By referencing these additional procedures, the clause ensures that all parties are aware of and adhere to relevant operational or legal frameworks, thereby reducing ambiguity and helping to prevent disputes over procedural obligations.
Other Applicable Procedures. As provided for in 5 USC Section 7121, the following actions may be filed either under the statutory procedure or under the NGP but not both:
A. Actions based on unsatisfactory performance (5 USC Section 4303);
B. Adverse Actions (5 USC Section 7512), and/or
C. Discrimination (5 USC Section 2302(b)(1)).
(1) The employee shall have the option of choosing a procedure. Filing constitutes a final decision of the employee’s choice.
(2) Nothing in this Agreement shall constitute a waiver of any further appeal or review rights permissible under 5 USC Chapter 71 in accordance with this agreement. Only Title 5 employees can appeal adverse actions or unsatisfactory performance based actions to the Merit Systems Protection Board (MSPB).
(3) If the employee files with the MSPB, Equal Employment Opportunity Commission (EEOC), or under the NGP, the respective procedure will be used.
Other Applicable Procedures. A. The following actions may be filed either under the appropriate statutory procedure or under the procedure outlined in this Article, but not both:
1. Actions based on unsatisfactory performance (5 U.S.C. 4303);
2. Adverse Actions (5 U.S.C. 7512);
3. Prohibited Personnel Practices (5 U.S.C. 2302 (b) (1));
4. A formal EEO complaint (29 C.F.R. 1614).
B. Nothing in this Agreement shall constitute a waiver of any further appeal or review rights permissible under 5 U.S.C. Chapter 71.
C. An employee shall be deemed to have exercised his/her option under this section when they timely initiate an action under the applicable statutory procedure or files a timely grievance in writing under the negotiated grievance procedure in this Article, whichever occurs first.
D. Employees who have sought informal EEO complaint counseling may still file a grievance, provided that such grievance is initiated within forty-five
Other Applicable Procedures. As provided for in 5 USC Section 7121, the following actions may be filed either under the statutory procedure or the negotiated grievance procedure but not both: Actions based on unsatisfactory performance (5 USC Section 4303), Adverse actions (5USC Section 7512), and/or Discrimination (5USC Section 2302(b)(1). Nothing in this Agreement shall constitute a waiver of any further appeal or review rights permissible under 5 USC Chapter 71. An employee shall be deemed to have exercised their option under this Section when they timely initiate an action under the applicable statutory procedure or files a timely grievance in writing under the negotiated grievance procedure, whichever event occurs first. Discussions between an employee and an EEO counselor would not preclude an employee from opting to select the negotiated grievance procedure. The grievance period may be extended if the additional time would help facilitate the resolution of the employee’s complaint or contribute to a full and complete investigation of the facts.
Other Applicable Procedures. As provided for in 5 USC Section 7121, the following actions may be filed either under an applicable statutory procedure (i.e., the agency grievance procedure, ULP or EEO procedures) or the negotiated grievance procedure on the same issue, but not both:
Other Applicable Procedures. As provided for in 5 USC 7121, the following actions may be filed either under the statutory procedure or the negotiated grievance procedure but not both: Actions based on unsatisfactory performance (5 USC 4303); Adverse actions (5 USC 7512); and, Discrimination (5 USC 2302(b)(1)). Nothing in this Agreement shall constitute a waiver of any further appeal or review rights permissible under Title 5, Chapter 71. An employee shall be deemed to have exercised his or her option under this Section when he or she timely initiates an action under the applicable statutory procedure or files a timely grievance in writing under the negotiated grievance procedure, whichever event occurs first. Discussions between an employee and an EEO (ORM) counselor would not preclude an employee from opting to select the negotiated grievance procedure if the grievance is otherwise timely. Extensions of time will be be granted consistent with Section 6 - Extensions.
Other Applicable Procedures. A. Nothing in this Agreement shall constitute a waiver of any appeal or review rights permissible under 5 U.S.C. Chapter 71.
B. If an alleged grievance also constitutes an alleged unfair labor practice, the aggrieved has the option to seek redress under this Article or under the unfair labor practice procedure set forth in 5 U.S.C. 7116 and 5 C.F.R § 2423, but not both.
Other Applicable Procedures