[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR1208.12]

[Page 84-85]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
               CHAPTER II--MERIT SYSTEMS PROTECTION BOARD
 
 PART 1208--PRACTICES AND PROCEDURES FOR APPEALS UNDER THE UNIFORMED SERVICES 
EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT AND THE VETERANS EMPLOYMENT 
OPPORTUNITIES 
ACT--Table of Contents
 
                        Subpart B--USERRA Appeals
 
Sec. 1208.12  Time of filing.

    Under chapter 43 of title 38, United States Code, there is no time 
limit for filing a USERRA appeal with the Board. However, the Board 
encourages appellants to file a USERRA appeal as

[[Page 85]]

soon as possible after the date of the alleged violation or, if a 
complaint is filed with the Secretary of Labor, as soon as possible 
after receiving notice from the Secretary in accordance with 38 U.S.C. 
4322(e) that the Secretary's efforts have not resolved the complaint, 
or, if the Secretary has referred the complaint to the Special Counsel 
and the Special Counsel does not agree to represent the appellant, as 
soon as possible after receiving the Special Counsel's notice.

[65 FR 5412, Feb. 4, 2000, as amended at 65 FR 49896, Aug. 16, 2000]