Common use of Scope of Grievance and Choice of Procedures Clause in Contracts

Scope of Grievance and Choice of Procedures. The following types of complaints may be filed as alternatives to a grievance by using the statutory appeal process: Removal; suspension for more than fourteen (14) calendar days; furlough without pay for 30 days or less; reduction in grade or pay; and discrimination on account of race, color, religion, age, national origin, gender, or physical or mental disability. Once an employee has invoked one of these statutory appeal procedures, he/she may not also file a grievance to address the same problem. The grievant is deemed to have made an election of a preferred procedure when the grievant formally puts the complaint in writing under the applicable procedure. Selection of the negotiated grievance procedure in a grievance containing charges of discrimination based on Equal Employment Opportunity Commission (EEOC) guidelines in no manner prejudices the right of the Employee to request the Merit Systems Protection Board (MSPB) or EEOC to review the final decision.