[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: 5CFR1208.2]

[Page 83-84]
 
                    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 A--Jurisdiction and Definitions
 
Sec. 1208.2  Jurisdiction.

    (a) USERRA. Under 38 U.S.C. 4324, a person entitled to the rights 
and benefits provided by chapter 43 of title 38, United States Code, may 
file an appeal with the Board alleging that a Federal agency employer or 
the Office of Personnel Management has failed or refused, or is about to 
fail or refuse, to comply with a provision of that chapter (other than a 
provision relating to benefits under the Thrift Savings Plan for Federal 
employees). In general, the provisions of chapter 43 of title 38 that 
apply to Federal employees guarantee various reemployment rights 
following

[[Page 84]]

a period of service in a uniformed service, provided the employee 
satisfies the requirements for coverage under that chapter. In addition, 
chapter 43 of title 38 prohibits discrimination based on a person's 
service--or application or obligation for service--in a uniformed 
service (38 U.S.C. 4311). This prohibition applies with respect to 
initial employment, reemployment, retention in employment, promotion, or 
any benefit of employment.
    (b) VEOA. Under 5 U.S.C. 3330a, a preference eligible who alleges 
that a Federal agency has violated his rights under any statute or 
regulation relating to veterans' preference may file an appeal with the 
Board, provided that he has satisfied the statutory requirements for 
first filing a complaint with the Secretary of Labor and allowing the 
Secretary at least 60 days to attempt to resolve the complaint.