Other Applicable Procedures Sample Clauses

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.
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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
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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.
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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:
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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.
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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.
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Other Applicable Procedures 
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Related to Other Applicable Procedures

  • Administrative Procedures Administrative procedures with respect to the sale of Notes shall be agreed upon from time to time by the Agents and the Company (the "Procedures"). The Agents and the Company agree to perform the respective duties and obligations specifically provided to be performed by them in the Procedures.

  • Recall Procedures A. Eligibility to be recalled from layoff and employment shall terminate after fourteen (14) months. Employees shall be recalled from layoff based on seniority in the following order: 1. Employees shall be recalled to the position from which they were laid off starting within the employee’s Department; or, 2. Employees shall be recalled to other positions within the position series from which they were laid off starting with the employee’s Department and then other Departments, provided the employee possesses the qualifications, performance record, aptitude, and ability to perform the work; or 3. Employees shall be recalled to other positions the employee previously held, provided the employee completed probation in that position starting with the employee’s Department and then other Departments, and provided the employee possesses the qualifications, performance record, aptitude, and ability to perform the work. 4. Employees shall be recalled from layoff into vacant County positions not previously held provided: 1) The employee possesses the qualifications, performance record, aptitude, ability to perform the work, and the ability to meet the minimum requirements for the position as defined in the job description; and 2) The employee specifies in writing to the Human Resources Office, within thirty (30) days of the date of layoff, the position(s) they want to be considered for recall. B. Employees on layoff who have been offered recall, and who have voluntarily refused such recall, shall be removed from the recall list and their employment shall be terminated. A form provided by the Human Resources Office signed by the employee shall document this recall refusal. C. When necessary, the Human Resources Director shall determine the recalled employee’s qualifications, performance record, aptitude, and ability to perform the work through discussions with the applicable Supervisor and a meeting with the employee. The employee shall be notified of the right to have a representative of his or her choosing present. If there is a disagreement over the County not allowing the employee to exercise recall rights, the Human Resources Director shall document this disagreement. D. After finding out more information about a specific job(s), a recalled employee may decide their overall qualifications, aptitude and ability are not compatible with the requirements of the job and may request to remain on the County recall list rather than pursue recall to the available position. Authorization to remain on layoff status, and return to the recall list after declining recall, must be mutually agreed upon. A form produced by the Human Resources Office and signed by the employee shall document this process. E. Laid off employees shall report to work on the date specified in the notice of recall, such date shall be not less than fourteen (14) days from the date of the notice unless mutually agreed upon.

  • Informal Procedures A. The grievant should first discuss the matter with his/her principal or administrator or supervisor to whom he/she is directly responsible in an effort to resolve the problem informally. B. If the grievant is not satisfied with the disposition of the matter, he/she shall have the right to have a representative of his/her choice to assist him/her in further efforts to resolve the problem informally with the principal or other appropriate administrator or supervisor.

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