[Code of Federal Regulations]

[Title 5, Volume 2]

[Revised as of January 1, 2006]

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

[CITE: 5CFR752.405]



[Page 65]

 

                    TITLE 5--ADMINISTRATIVE PERSONNEL

 

          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)

 

PART 752_ADVERSE ACTIONS--Table of Contents

 

Subpart D_Regulatory Requirements for Removal, Suspension for More Than 

   14 Days, Reduction in Grade or Pay, or Furlough for 30 Days or Less

 

Sec. 752.405  Appeal and grievance rights.



    (a) Appeal rights. Under the provisions of 5 U.S.C. 7513(d), an 

employee against whom an action is taken under this subpart is entitled 

to appeal to the Merit Systems Protection Board.

    (b) Grievance rights. As provided at 5 U.S.C. 7121(e)(1), if a 

matter covered by this subpart falls within the coverage of an 

applicable negotiated grievance procedure, and employee may elect to 

file a grievance under that procedure or appeal to the Merit Systems 

Protection Board under 5 U.S.C. 7701, but not both. 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 subpart through the 

negotiated grievance procedure.



[45 FR 46778, July 11, 1980, as amended at 53 FR 21624, June 9, 1988]