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.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
