[Code of Federal Regulations]
[Title 5, Volume 2, Parts 700 to 1199]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR752.405]

[Page 66]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 752--ADVERSE ACTIONS--Table of Contents
 
Subpart D--Regulatory Requirements for Removal, Suspension for More Than 
   14 Days, Reduction in Grade or Pay, or Furlough for 30 Days or Less
 
Sec. 752.405  Appeal and grievance rights.

    (a) Appeal rights. Under the provisions of 5 U.S.C. 7513(d), an 
employee against whom an action is taken under this subpart is entitled 
to appeal to the Merit Systems Protection Board.
    (b) Grievance rights. As provided at 5 U.S.C. 7121(e)(1), if a 
matter covered by this subpart falls within the coverage of an 
applicable negotiated grievance procedure, and employee may elect to 
file a grievance under that procedure or appeal to the Merit Systems 
Protection Board under 5 U.S.C. 7701, but not both. 5 U.S.C. 7114(a)(5) 
and 7121(b)(3), and the terms of an applicable collective bargaining 
agreement, govern representation for employees in an exclusive 
bargaining unit who grieve a matter under this subpart through the 
negotiated grievance procedure.

[45 FR 46778, July 11, 1980, as amended at 53 FR 21624, June 9, 1988]