[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR432.106]

[Page 336-337]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 432_PERFORMANCE BASED REDUCTION IN GRADE AND REMOVAL ACTIONS--Table 
of Contents
 
Sec. 432.106  Appeal and grievance rights.

    (a) Appeal rights. An employee covered under Sec. 432.102(e) who 
has been removed or reduced in grade under this part may appeal to the 
Merit Systems Protection Board if the employee is:
    (1) In the competitive service and has completed a probationary or 
trial period;
    (2) In the competitive service serving in an appointment which is 
not subject to a probationary or trial period, and has completed 1 year 
of current continuous employment in the same or similar position(s) 
under other than a temporary appointment limited to 1 year or less;
    (3) A preference eligible in the excepted service who has completed 
1 year of current continuous employment in the same or similar 
position(s); or
    (4) A nonpreference eligible in the excepted service who is covered 
by subparts C and D of part 752 of this chapter.
    (b) Grievance rights. (1) A bargaining unit employee covered under 
Sec. 432.102(e) who has been removed or reduced in grade under this 
part may file a grievance under an applicable negotiated grievance 
procedure if the removal or reduction in grade action falls within its 
coverage (i.g., is not excluded by the parties to the collective 
bargaining agreement) and the employee is:
    (i) In the competitive service and has completed a probationary or 
trial period.
    (ii) In the competitive service, serving in an appointment which is 
not subject to a probationary or trial period, and has completed 1 year 
of current continuous employment in the same or similar position(s) 
under other than a temporary appointment limited to 1 year or less;
    (iii) A preference eligible in the excepted service who has 
completed 1 year of current continuous employment in the same or similar 
position(s); or
    (iv) A nonpreference eligible in the excepted service who is covered 
by subparts C and D of part 752 of the chapter.
    (2) 5 U.S.C. 7114(a)(5) and 7121(b)(3), and the terms of an 
applicable collective bargaining agreement govern representation for 
employees in an exclusive bargaining unit who grieve a matter under this 
section through the negotiated grievance process.
    (c) Election of forum. As provided at 5 U.S.C. 7121(e)(1), a 
bargaining unit employee who by law may file an appeal or a grievance, 
and who has exercised his or her option to appeal an action taken under 
this part to the Merit Systems Protection Board, may not also file a 
grievance on the matter under a negotiated grievance procedure. 
Likewise, a bargaining unit employee who

[[Page 337]]

has exercised his or her option to grieve an action taken under this 
part may not also file an appeal on the matter with the Merit Systems 
Protection Board.

[54 FR 26179, June 21, 1989. Redesignated at 54 FR 49076, Nov. 29, 1989; 
57 FR 20043, May 11, 1992; 58 FR 13192, Mar. 10, 1993. Redesignated at 
58 FR 65534, Dec. 15, 1993]