[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR353.211]

[Page 286-287]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 353_RESTORATION TO DUTY FROM UNIFORMED SERVICE 
OR COMPENSABLE INJURY--Table of Contents
 
                       Subpart B_Uniformed Service
 
Sec. 353.211  Appeal rights.

    An individual who believes an agency has not complied with the 
provisions of law and this part relating to the employment or 
reemployment of the person by the agency may--
    (a) File a complaint with the Department of Labor, as noted in Sec. 
353.210, or
    (b) Appeal directly to MSPB if the individual chooses not to file a 
complaint with the Department of Labor, or is informed by either Labor 
or the Office of the Special Counsel that they will not pursue to the 
case. However, National Guard technicians do not have the right to 
appeal to MSPB a denial of reemployment rights by the Adjutant

[[Page 287]]

General. Technicians may file complaints with the appropriate district 
court in accordance with 38 U.S.C. 4323 (USERRA).

[60 FR 45652, Sept. 1, 1995, as amended at 64 FR 31487, June 11, 1999]