Veteran’s Preference. A A preference eligible is not hereunder deprived of whatever rights of appeal such employee may have under the Veterans' Preference Act; however, if the employee appeals under the Veterans' Preference Act, the employee will be deemed to have waived further access to the grievance arbitration procedure be- yond Step 3 under any of the following circumstances: 1. If an MSPB settlement agreement is reached. 2. If the MSPB has not yet issued a decision on the merits, but a hearing on the merits before the MSPB has begun. 3. If the MSPB issues a decision on the merits of the appeal. B In the event the grievance of a preference eligible is due to be scheduled in accordance with Article 15, Section 4, and the preference eligible has a live MSPB appeal on the same action, the parties will not schedule the grievance for arbitration until a final determination is reached in the MSPB procedure. If the grievance is not waived under Section 16.9A1, 2 or 3 above, the case will be scheduled promptly for arbitration. Should the grievance ultimately be sustained or modified in arbitration, the preference eligible employee will have no entitlement to back pay under the National Agreement for the period from the date the case would have been scheduled for arbitration and the date it is actually scheduled for arbitration.
Appears in 7 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Veteran’s Preference. A A. A preference eligible is not hereunder deprived of whatever rights of appeal such employee may have under the Veterans' ’ Preference Act; however, if the employee appeals initiates an appeal under the Veterans' ’ Preference Act, the employee will be deemed to have waived further access to the grievance grievance-arbitration procedure be- yond beyond Step 3 under any of the following circumstances:
1. If an MSPB settlement agreement is reached.
2. If the MSPB has not yet issued a decision on the merits, but a hearing on the merits before the MSPB has begun.
3. If the MSPB issues a decision on the merits of the appeal. B .
B. In the event the grievance of a preference eligible is due to be scheduled in accordance with Article 15, Section 4, and the preference eligible has a live MSPB appeal on the same action, the parties will not schedule the grievance for arbitration until a final determination is reached in the MSPB procedure. If the grievance is not waived under Section 16.9A17.A 1, 2 or 3 above, the case will be scheduled promptly for arbitration. Should the grievance ultimately be sustained or modified in arbitration, the preference eligible employee will have no entitlement to back pay under the National Agreement for the period from the date the case would have been scheduled for arbitration and the date it is actually scheduled for arbitration.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Veteran’s Preference. A A. A preference eligible is not hereunder deprived of whatever rights of appeal such employee may have under the Veterans' ’ Preference Act; however, if the employee appeals ap- peals under the Veterans' ’ Preference Act, the employee will be deemed to have waived further access to the grievance grievance- arbitration procedure be- yond Step beyond step 3 under any of the following circumstances:
1. If an MSPB settlement agreement is reached.
2. If the MSPB has not yet issued a decision on the merits, but a hearing on the merits before the MSPB has begun.
3. If the MSPB issues a decision on the merits of the appeal. B .
B. In the event the grievance of a preference eligible is due to be scheduled in accordance with Article 15, Section 4section 5, and the preference eligible has a live MSPB appeal on the same action, the parties will not schedule the grievance for arbitration until a final determination is reached in the MSPB procedure. If the grievance is not waived under Section 16.9A19.A 1, 2 or 3 above, the case will be scheduled promptly for arbitration. Should the grievance ultimately be sustained or modified in arbitration, the preference eligible employee will have no entitlement to back pay under the National Agreement for the period from the date the case would have been scheduled for arbitration and the date it is actually scheduled for arbitration.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Veteran’s Preference. A. A A preference preference-eligible employee is not hereunder deprived of whatever rights of appeal such employee may have under the Veterans' ’ Preference Act; however. However, if the employee appeals initiates an appeal under the Veterans' ’ Preference Act, the employee will be deemed to have waived further access to the grievance grievance-arbitration procedure be- yond beyond Step 3 under any of the following circumstances:
(1. ) If an MSPB settlement agreement is reached.
(2. ) If the MSPB has not yet issued a decision on the merits, but a hearing on the merits before the MSPB has begun.
(3. ) If the MSPB issues a decision on the merits of the appeal. B .
B. In the event the grievance of a preference preference-eligible employee is due to be scheduled in accordance with Article 15, Section 4, and the preference preference-eligible employee has a live MSPB appeal on the same action, the parties will not schedule the grievance for arbitration until a final determination is reached in the MSPB procedure. If the grievance is not waived under Section 16.9A17.A.1, 2 2, or 3 above, the case will be scheduled promptly for arbitration. Should If the grievance is ultimately be sustained or modified in arbitration, the preference preference-eligible employee will have no entitlement to back pay under the National Agreement for the period from the date the case would have been scheduled for arbitration and the date it is actually scheduled for arbitration.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Veteran’s Preference. A A. A preference eligible is not hereunder deprived of whatever rights of appeal such employee may have under the Veterans' ’ Preference Act; however, if the employee appeals initiates an appeal under the Veterans' ’ Preference Act, the employee will be deemed to have waived further access to the grievance grievance- arbitration procedure be- yond beyond Step 3 under any of the following circumstances:
(1. ) If an MSPB settlement agreement is reached.
(2. ) If the MSPB has not yet issued a decision on the merits, but a hearing on the merits before the MSPB has begun.
(3. ) If the MSPB issues a decision on the merits of the appeal. B .
B. In the event the grievance of a preference eligible is due to be scheduled in accordance with Article 15, Section 4, and the preference eligible has a live MSPB appeal on the same action, the parties will not schedule the grievance for arbitration until a final determination is reached in the MSPB procedure. If the grievance is not waived under Section 16.9A17.A 1, 2 or 3 above, the case will be scheduled promptly for arbitration. Should the grievance ultimately be sustained or modified in arbitration, the preference eligible employee will have no entitlement to back pay under the National Agreement for the period from the date the case would have been scheduled for arbitration and the date it is actually scheduled for arbitration.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Veteran’s Preference. A A. A preference eligible is not hereunder deprived of whatever what- ever rights of appeal such employee may have under the Veterans' ’ Preference Act; however, if the employee appeals initi- ates an appeal under the Veterans' ’ Preference Act, the employee will be deemed to have waived further access to the grievance grievance-arbitration procedure be- yond beyond Step 3 under un- der any of the following circumstances:
(1. ) If an MSPB settlement agreement is reached.
(2. ) If the MSPB has not yet issued a decision on the merits, but a hearing on the merits before the MSPB has begun.
(3. ) If the MSPB issues a decision on the merits of the appeal. B .
B. In the event the grievance of a preference eligible is due to be scheduled in accordance with Article 15, Section 4, and the preference eligible has a live MSPB appeal on the same action, the parties will not schedule the grievance griev- ance for arbitration until a final determination is reached in the MSPB procedure. If the grievance is not waived under Section 16.9A17.A 1, 2 or 3 above, the case will be scheduled promptly for arbitration. Should the grievance ultimately be sustained or modified in arbitration, the preference eligible employee will have no entitlement to back pay backpay under the National Agreement for the period from the date the case would have been scheduled for arbitration and the date it is actually scheduled for arbitrationar- bitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Veteran’s Preference. A A. A preference eligible is not hereunder deprived of whatever rights of appeal such employee may have under the Veterans' Preference Act; however, if the employee appeals under the Veterans' Preference Act, the employee will be deemed to have waived further access to the grievance grievance- arbitration procedure be- yond beyond Step 3 under any of the following circumstances:
1. If if an MSPB settlement agreement is reached.;
2. If if the MSPB has not yet issued a decision on the merits, but a hearing on the merits before the MSPB has begun.;
3. If if the MSPB issues a decision on the merits of the appeal. B .
B. In the event the grievance of a preference eligible is due to be scheduled in accordance with Article 15, Section 45, and the preference eligible has a live MSPB appeal on the same action, the parties will not schedule the grievance for arbitration until a final determination is reached in the MSPB procedure. If the grievance is not waived under Section 16.9A19.A.1, 2 or 3 above, the case will be scheduled promptly for arbitration. Should the grievance ultimately be sustained or modified in arbitration, the preference eligible employee will have no entitlement to back pay under the National Agreement for the period from the date the case would have been scheduled for arbitration and the date it is actually scheduled for arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Veteran’s Preference. A A. A preference eligible is not hereunder deprived of whatever rights of appeal such employee may have under the Veterans' Preference Act; however, if the employee appeals initiates an appeal under the Veterans' Preference Act, the employee will be deemed to have waived further access to the grievance grievance-arbitration procedure be- yond beyond Step 3 under any of the following circumstances:
1. If an MSPB settlement agreement is reached.
2. If the MSPB has not yet issued a decision on the merits, but a hearing on the merits before the MSPB has begun.
3. If the MSPB issues a decision on the merits of the appeal. B .
B. In the event the grievance of a preference eligible is due to be scheduled in accordance with Article 15, Section 43, and the preference eligible has a live MSPB appeal on the same action, the parties will not schedule the grievance for arbitration until a final determination is reached in the MSPB procedure. If the grievance is not waived under Section 16.9A18.A1, 2 or 3 above, the case will be scheduled promptly for arbitration. Should the grievance ultimately be sustained or modified in arbitration, the preference eligible employee will have no entitlement to back pay under the National Agreement for the period from the date the case would have been scheduled for arbitration and the date it is actually scheduled for arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Veteran’s Preference. A A. A preference eligible is not hereunder deprived of whatever rights of appeal such employee may have under the Veterans' ’ Preference Act; however, if the employee appeals under the Veterans' ’ Preference Act, the employee will be deemed to have waived further access to the grievance grievance- arbitration procedure be- yond Step beyond step 3 under any of the following circumstances:
1. If an MSPB settlement agreement is reached.
2. If the MSPB has not yet issued a decision on the merits, but a hearing on the merits before the MSPB has begun.
3. If the MSPB issues a decision on the merits of the appeal. B .
B. In the event the grievance of a preference eligible is due to be scheduled in accordance with Article 15, Section 4section 5, and the preference eligible has a live MSPB appeal on the same action, the parties will not schedule the grievance for arbitration until a final determination is reached in the MSPB procedure. If the grievance is not waived under Section 16.9A19.A 1, 2 or 3 above, the case will be scheduled promptly for arbitration. Should the grievance ultimately be sustained or modified in arbitration, the preference eligible employee will have no entitlement to back pay under the National Agreement for the period from the date the case would have been scheduled for arbitration and the date it is actually scheduled for arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Veteran’s Preference. A A. A preference eligible is not hereunder deprived of whatever rights of appeal such employee may have under the Veterans' ’ Preference Act; however, if the employee appeals under the Veterans' ’ Preference Act, the employee will be deemed to have waived further access to the grievance arbitration grievance‐arbitration procedure be- yond Step beyond step 3 under any of the following circumstances:
1. If an MSPB settlement agreement is reached.
2. If the MSPB has not yet issued a decision on the merits, but a hearing on the merits before the MSPB has begun.
3. If the MSPB issues a decision on the merits of the appeal. B appeal.77
B. In the event the grievance of a preference eligible is due to be scheduled in accordance with Article 15, Section 4section 5, and the preference eligible has a live MSPB appeal on the same action, the parties will not schedule the grievance for arbitration until a final determination is reached in the MSPB procedure. If the grievance is not waived under Section 16.9A19.A 1, 2 or 3 above, the case will be scheduled promptly for arbitration. Should the grievance ultimately be sustained or modified in arbitration, the preference eligible employee will have no entitlement to back pay under the National Agreement for the period from the date the case would have been scheduled for arbitration and the date it is actually scheduled for arbitration.
Appears in 1 contract
Sources: National Agreement
Veteran’s Preference. A A. A preference eligible is not hereunder deprived of whatever rights of appeal such employee may have under the Veterans' ’ Preference Act; however, if the employee appeals under the Veterans' ’ Preference Act, the employee will be deemed to have waived further access to the grievance grievance- arbitration procedure be- yond beyond Step 3 under any of the following circumstances:
1. If if an MSPB settlement agreement is reached.;
2. If if the MSPB has not yet issued a decision on the merits, but a hearing on the merits before the MSPB has begun.;
3. If if the MSPB issues a decision on the merits of the appeal. B .
B. In the event the grievance of a preference eligible is due to be scheduled in accordance with Article 15, Section 45, and the preference eligible has a live MSPB appeal on the same action, the parties will not schedule the grievance for arbitration until a final determination is reached in the MSPB procedure. If the grievance is not waived under Section 16.9A19.A.1, 2 or 3 above, the case will be scheduled promptly for arbitration. Should the grievance ultimately be sustained or modified in arbitration, the preference eligible employee will have no entitlement to back pay under the National Agreement for the period from the date the case would have been scheduled for arbitration and the date it is actually scheduled for arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Veteran’s Preference. A A. A preference eligible is not hereunder deprived of whatever rights of appeal such employee may have under the Veterans' ’ Preference Act; however, if the employee appeals initiates an appeal under the Veterans' ’ Preference Act, the employee will be deemed to have waived further access to the grievance grievance-arbitration procedure be- yond beyond Step 3 under any of the following circumstances:
(1. ) If an MSPB settlement agreement is reached.
(2. ) If the MSPB has not yet issued a decision on the merits, but a hearing on the merits before the MSPB has begun.
(3. ) If the MSPB issues a decision on the merits of the appeal. B .
B. In the event the grievance of a preference eligible is due to be scheduled in accordance with Article 15, Section 4, and the preference eligible has a live MSPB appeal on the same action, the parties will not schedule the grievance for arbitration until a final determination is reached in the MSPB procedure. If the grievance is not waived under Section 16.9A17.A 1, 2 or 3 above, the case will be scheduled promptly for arbitration. Should the grievance ultimately be sustained or modified in arbitration, the preference eligible employee will have no entitlement to back pay under the National Agreement for the period from the date the case would have been scheduled for arbitration and the date it is actually scheduled for arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Veteran’s Preference. A A. A preference eligible is not hereunder deprived of whatever rights of appeal such employee may have under the Veterans' ’ Preference Act; however, if the employee appeals initiates an appeal under the Veterans' ’ Preference Act, the employee will be deemed to have waived further access to the grievance grievance- arbitration procedure be- yond beyond Step 3 under any of the following circumstances:
(1. ) If an MSPB settlement agreement is reached.
(2. ) If the MSPB has not yet issued a decision on the merits, but a hearing on the merits before the MSPB has begun.
(3. ) If the MSPB issues a decision on the merits of the appeal. B .
B. In the event the grievance of a preference eligible is due to be scheduled in accordance with Article 15, Section 4, and the preference eligible has a live MSPB appeal on the same action, the parties will not schedule the grievance for arbitration until a final determination is reached in the MSPB procedure. If the grievance is not waived under Section 16.9A17.A 1, 2 2, or 3 3, above, the case will be scheduled promptly for arbitration. Should the grievance ultimately be sustained or modified in arbitration, the preference eligible employee will have no entitlement to back pay under the National Agreement for the period from the date the case would have been scheduled for arbitration and the date it is actually scheduled for arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Veteran’s Preference. A A. A preference eligible is not hereunder deprived of whatever rights of appeal such employee may have under the Veterans' ’ Preference Act; however, if the employee appeals initiates an appeal under the Veterans' ’ Preference Act, the employee will be deemed to have waived further access to the grievance grievance-arbitration procedure be- yond beyond Step 3 under any of the following circumstances:
1. If an MSPB settlement agreement is reached.
2. If the MSPB has not yet issued a decision on the merits, but a hearing on the merits before the MSPB has begun.
3. If the MSPB issues a decision on the merits of the appeal. B .
B. In the event the grievance of a preference eligible is due to be scheduled in accordance with Article 15, Section 43, and the preference eligible has a live MSPB appeal on the same action, the parties will not schedule the grievance for arbitration until a final determination is reached in the MSPB procedure. If the grievance is not waived under Section 16.9A18.A1, 2 or 3 above, the case will be scheduled promptly for arbitration. Should the grievance ultimately be sustained or modified in arbitration, the preference eligible employee will have no entitlement to back pay under the National Agreement for the period from the date the case would have been scheduled for arbitration and the date it is actually scheduled for arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Veteran’s Preference. A A. A preference eligible is not hereunder deprived of whatever rights of appeal such employee may have under the Veterans' ’ Preference Act; however, if the employee appeals initiates an appeal under the Veterans' ’ Preference Act, the employee will be deemed to have waived further access to the grievance arbitration procedure be- yond Step 3 under any of the following circumstances:
(1. ) If an MSPB settlement agreement is reached.
(2. ) If the MSPB has not yet issued a decision on the merits, but a hearing on the merits before the MSPB has begun.
(3. ) If the MSPB issues a decision on the merits of the appeal. B .
B. In the event the grievance of a preference eligible is due to be scheduled in accordance with Article 15, Section 4, and the preference eligible has a live MSPB appeal on the same action, the parties will not schedule the grievance for arbitration until a final determination is reached in the MSPB procedure. If the grievance is not waived under Section 16.9A116.06.A (1), 2 (2), or 3 above(3), the case will be scheduled promptly for arbitration. Should the grievance ultimately be sustained or modified in arbitration, the preference eligible employee will have no entitlement to back pay under the National Agreement for the period from the date the case would have been scheduled for arbitration and the date it is actually scheduled for arbitration.
Appears in 1 contract
Sources: Collective Bargaining Agreement