[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1614.401]

[Page 277-278]
 
                             TITLE 29--LABOR
 
                           CHAPTER XIV--EQUAL
                         EMPLOYMENT OPPORTUNITY
                               COMMISSION
 
PART 1614--FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY--Table of Contents
 
                  Subpart D--Appeals and Civil Actions
 
Sec. 1614.401  Appeals to the Commission.


    (a) A complainant may appeal an agency's final action or dismissal 
of a complaint.
    (b) An agency may appeal as provided in Sec. 1614.110(a).
    (c) A class agent or an agency may appeal an administrative judge's 
decision accepting or dismissing all or part of a class complaint; a 
class agent may appeal a final decision on a class complaint; a class 
member may appeal a final decision on a claim for individual relief 
under a class complaint; and a class member, a class agent or an agency 
may appeal a final decision on a petition pursuant to 
Sec. 1614.204(g)(4).
    (d) A grievant may appeal the final decision of the agency, the 
arbitrator or the Federal Labor Relations Authority (FLRA) on the 
grievance when an issue of employment discrimination was raised in a 
negotiated grievance procedure that permits such issues to be raised. A 
grievant may not appeal under this part, however, when the

[[Page 278]]

matter initially raised in the negotiated grievance procedure is still 
ongoing in that process, is in arbitration, is before the FLRA, is 
appealable to the MSPB or if 5 U.S.C. 7121(d) is inapplicable to the 
involved agency.
    (e) A complainant, agent or individual class claimant may appeal to 
the Commission an agency's alleged noncompliance with a settlement 
agreement or final decision in accordance with Sec. 1614.504.

[57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37659, July 12, 1999]