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24 C.F.R. § 7.39   Negotiated grievance, MSPB appeal and administrative grievance procedures.

Title 24 - Housing and Urban Development

Title 24: Housing and Urban Development
PART 7—EQUAL EMPLOYMENT OPPORTUNITY; POLICY, PROCEDURES AND PROGRAMS
Subpart A—Equal Employment Opportunity Without Regard to Race, Color Religion, Sex, National Origin, Age, Disability or Reprisal
Other Complaint and Appeal Procedures

§ 7.39   Negotiated grievance, MSPB appeal and administrative grievance procedures.

(a) Negotiated grievance procedure. An aggrieved person covered by a collective bargaining agreement that permits allegations of discrimination to be raised in a negotiated grievance procedure can file a complaint under these procedures or a negotiated grievance, but not both. An election to proceed under this section is indicated only by the filing of a written complaint. An election to proceed under a negotiated grievance procedure is indicated by the filing of a timely grievance. (See 29 CFR 1614.301.)

(b) MSPB appeal procedure—(1) Who can file appeal and when. An aggrieved person alleging discrimination on basis of race, color, religion, sex, national origin, age or reprisal because of participation in related to or stemming from an action that can be appealed to the MSPB can file a complaint under these procedures, or an appeal with the MSPB, but not both. Whichever is filed first, the complaint or the appeal, is considered an election to proceed in that forum. (See 29 CFR 1614.302 through 29 CFR 1614.309.)

(2) Right to file civil action about MSPB appeal or decision. The procedures of this section are governed by 29 CFR §1614.310.

(3) MSPB appeal rights. The provisions of 29 CFR part 1614, subpart C, shall govern MSPB appeal rights.

(c) Administrative grievance procedure—(1) Grievance. A request by an employee, or by a group of employees acting as individuals, for personal relief in a matter of concern or dissatisfaction related to employment with the Department and over which the Department has control, including an allegation of coercion, reprisal or retaliation. The range of matters is limited to those for which no other means of administrative review is provided.

(2) Covered employee. Any non-bargaining unit employee, including a former employee or applicant for whom a remedy can be provided.

(3) Responsibilities of participants in the grievance procedure. Each employee has the responsibility for making a maximum effort to achieve informal settlement of a personal grievance.

(4) Grievance requirements. The procedures, responsibilities and processes to be followed by an employee wishing to file an administrative grievance are found in HUD Handbook 771.2 REV–2, Administrative Grievances.