[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR7.39]



[Page 131]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 7_EQUAL EMPLOYMENT OPPORTUNITY; POLICY, PROCEDURES AND PROGRAMS

--Table of Contents

 

  Subpart A_Equal Employment Opportunity Without Regard to Race, Color 

       Religion, Sex, National Origin, Age, Disability or Reprisal

 

Sec.  7.39  Negotiated grievance, MSPB appeal and administrative 

grievance procedures.



    (a) Negotiated grievance procedure. An aggrieved person covered by a 

collective bargaining agreement that permits allegations of 

discrimination to be raised in a negotiated grievance procedure can file 

a complaint under these procedures or a negotiated grievance, but not 

both. An election to proceed under this section is indicated only by the 

filing of a written complaint. An election to proceed under a negotiated 

grievance procedure is indicated by the filing of a timely grievance. 

(See 29 CFR 1614.301.)

    (b) MSPB appeal procedure--(1) Who can file appeal and when. An 

aggrieved person alleging discrimination on basis of race, color, 

religion, sex, national origin, age or reprisal because of participation 

in related to or stemming from an action that can be appealed to the 

MSPB can file a complaint under these procedures, or an appeal with the 

MSPB, but not both. Whichever is filed first, the complaint or the 

appeal, is considered an election to proceed in that forum. (See 29 CFR 

1614.302 through 29 CFR 1614.309.)

    (2) Right to file civil action about MSPB appeal or decision. The 

procedures of this section are governed by 29 CFR Sec.  1614.310.

    (3) MSPB appeal rights. The provisions of 29 CFR part 1614, subpart 

C, shall govern MSPB appeal rights.

    (c) Administrative grievance procedure--(1) Grievance. A request by 

an employee, or by a group of employees acting as individuals, for 

personal relief in a matter of concern or dissatisfaction related to 

employment with the Department and over which the Department has 

control, including an allegation of coercion, reprisal or retaliation. 

The range of matters is limited to those for which no other means of 

administrative review is provided.

    (2) Covered employee. Any non-bargaining unit employee, including a 

former employee or applicant for whom a remedy can be provided.

    (3) Responsibilities of participants in the grievance procedure. 

Each employee has the responsibility for making a maximum effort to 

achieve informal settlement of a personal grievance.

    (4) Grievance requirements. The procedures, responsibilities and 

processes to be followed by an employee wishing to file an 

administrative grievance are found in HUD Handbook 771.2 REV-2, 

Administrative Grievances.



                  Remedies, Enforcement and Compliance