Common use of Other Applicable Procedures Clause in Contracts

Other Applicable Procedures. A. The following actions may be filed either under the appropriate statutory procedure or under the procedure outlined in this Article, but not both: 1. Actions based on unsatisfactory performance (5 U.S.C. 4303); 2. Adverse Actions (5 U.S.C. 7512); 3. Prohibited Personnel Practices (5 U.S.C. 2302 (b) (1)); 4. A formal EEO complaint (29 C.F.R. 1614). B. Nothing in this Agreement shall constitute a waiver of any further appeal or review rights permissible under 5 U.S.C. Chapter 71. C. An employee shall be deemed to have exercised his/her option under this section when they timely initiate an action under the applicable statutory procedure or files a timely grievance in writing under the negotiated grievance procedure in this Article, whichever occurs first. D. Employees who have sought informal EEO complaint counseling may still file a grievance, provided that such grievance is initiated within forty-five

Other Applicable Procedures. A. The following actions may be filed either under the appropriate statutory procedure or under the procedure outlined in this Article, but not both: 1. Actions based on unsatisfactory performance (5 U.S.C. 4303); 2. Adverse Actions (5 U.S.C. 7512); 3. Prohibited Personnel Practices (5 U.S.C. 2302 (b) (1)); 4. A formal EEO complaint (29 C.F.R. 1614). B. Nothing in this Agreement shall constitute a waiver of any further appeal or review rights permissible under 5 U.S.C. Chapter 71. C. An employee shall be deemed to have exercised his/her option under this section when they timely initiate an action under the applicable statutory procedure or files a timely grievance in writing under the negotiated grievance procedure in this Article, whichever occurs first. D. Employees who have sought informal EEO complaint counseling may still file a grievance, provided that such grievance is initiated within forty-fivefive (45) days of the event or non-event which caused the grievance to be filed, and no formal EEO complaint has been filed. Per 29 C.F.R. Part 1614, initiating one formal process precludes the use of the other.