[Code of Federal Regulations]
[Title 10, Volume 4]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR708.15]

[Page 333-334]
 
                            TITLE 10--ENERGY
 
                    CHAPTER III--DEPARTMENT OF ENERGY
 
PART 708_DOE CONTRACTOR EMPLOYEE PROTECTION PROGRAM--Table of Contents
 
             Subpart B_Employee Complaint Resolution Process
 
Sec. 708.15  What happens if an employee files a complaint under this 
part and also pursues a remedy under State or other law?

    (a) You may not file a complaint under this part if, with respect to 
the same facts, you choose to pursue a remedy under State or other 
applicable law, including final and binding grievance-arbitration 
procedures, unless:
    (1) Your complaint under State or other applicable law is dismissed 
for lack of jurisdiction;
    (2) Your complaint was filed under 48 CFR part 3, Subpart 3.9 and 
the Inspector General, after conducting an initial inquiry, determines 
not to pursue it; or

[[Page 334]]

    (3) You have exhausted grievance-arbitration procedures pursuant to 
Sec. 708.13, and issues related to alleged retaliation for conduct 
protected under Sec. 708.5 remain.
    (b) Pursuing a remedy other than final and binding grievance-
arbitration procedures does not prevent you from filing a complaint 
under this part.
    (c) You are considered to have filed a complaint under State or 
other applicable law if you file a complaint, or other pleading, with 
respect to the same facts in a proceeding established or mandated by 
State or other applicable law, whether you file such complaint before, 
concurrently with, or after you file a complaint under this part.
    (d) If you file a complaint under State or other applicable law 
after filing a complaint under this part, your complaint under this 
regulation will be dismissed under Sec. 708.17(c)(3).

[57 FR 7541, Mar. 3, 1992, as amended at 65 FR 6319, Feb. 9, 2000]