10 C.F.R. § 708.15 What happens if an employee files a complaint under this part and also pursues a remedy under State or other law?
Title 10 - Energy
(a) You may not file a complaint under this part if, with respect to the same facts, you choose to pursue a remedy under State or other applicable law, including final and binding grievance-arbitration procedures, unless: (1) Your complaint under State or other applicable law is dismissed for lack of jurisdiction; (2) Your complaint was filed under 48 CFR part 3, Subpart 3.9 and the Inspector General, after conducting an initial inquiry, determines not to pursue it; or (3) You have exhausted grievance-arbitration procedures pursuant to §708.13, and issues related to alleged retaliation for conduct protected under §708.5 remain. (b) Pursuing a remedy other than final and binding grievance-arbitration procedures does not prevent you from filing a complaint under this part. (c) You are considered to have filed a complaint under State or other applicable law if you file a complaint, or other pleading, with respect to the same facts in a proceeding established or mandated by State or other applicable law, whether you file such complaint before, concurrently with, or after you file a complaint under this part. (d) If you file a complaint under State or other applicable law after filing a complaint under this part, your complaint under this regulation will be dismissed under §708.17(c)(3). [57 FR 7541, Mar. 3, 1992, as amended at 65 FR 6319, Feb. 9, 2000]
Title 10: Energy
PART 708—DOE CONTRACTOR EMPLOYEE PROTECTION PROGRAM
Subpart B—Employee Complaint Resolution Process
§ 708.15 What happens if an employee files a complaint under this part and also pursues a remedy under State or other law?
