[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR1201.21]

[Page 16-17]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
               CHAPTER II--MERIT SYSTEMS PROTECTION BOARD
 
PART 1201_PRACTICES AND PROCEDURES--Table of Contents
 
                Subpart B_Procedures for Appellate Cases
 
Sec. 1201.21  Notice of appeal rights.

    (a) When an agency issues a decision notice to an employee on a 
matter that is appealable to the Board, the agency must provide the 
employee with the following:
    (1) Notice of the time limits for appealing to the Board, the 
requirements of Sec. 1201.22(c), and the address of the appropriate 
Board office for filing the appeal;
    (2) A copy, or access to a copy, of the Board's regulations;
    (3) A copy of the MSPB appeal form available at the Board's Web 
site(http://www.mspb.gov), and
    (4) Notice of any right the employee has to file a grievance, 
including:
    (i) Whether the election of any applicable grievance procedure will 
result in waiver of the employee's right to file an appeal with the 
Board;
    (ii) Whether both an appeal to the Board and a grievance may be 
filed on the same matter and, if so, the circumstances under which 
proceeding with one will preclude proceeding with the other, and 
specific notice that filing a grievance will not extend the time limit 
for filing an appeal with the Board; and
    (iii) Whether there is any right to request Board review of a final 
decision on a grievance in accordance with Sec. 1201.154(d).
    (b) When the Department of Homeland Security (or component thereof) 
issues a decision notice to an employee on a matter that is appealable 
to the Board, except as provided under 5 CFR 9701.707, the Department 
must comply

[[Page 17]]

with the notice provisions set forth in 5 CFR 1210.10.

[72 FR 56884, Oct. 5, 2007]