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CFR › Title 5 › Chapter II › Subchapter A › Part 1208 › Subpart B › Section 1208.11

5 CFR 1208.11 - Choice of procedure under USERRA; exhaustion requirement.

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§ 1208.11
Choice of procedure under USERRA; exhaustion requirement.
(a) Choice of procedure. An appellant may file a USERRA appeal directly with the Board under this subpart or may file a complaint with the Secretary of Labor under 38 U.S.C. 4322.
(b) Exhaustion requirement. If an appellant files a complaint with the Secretary of Labor under 38 U.S.C. 4322, the appellant may not file a USERRA appeal with the Board until the Secretary notifies the appellant in accordance with 38 U.S.C. 4322(e) that the Secretary's efforts have not resolved the complaint. An appellant who seeks assistance from the Secretary of Labor under 38 U.S.C. 4321 but does not file a complaint with the Secretary under 38 U.S.C. 4322 is not subject to the exhaustion requirement of this paragraph.
(c) Appeals after exhaustion of Department of Labor procedure. When an appellant receives notice from the Secretary of Labor in accordance with 38 U.S.C. 4322(e) that the Secretary's efforts have not resolved the complaint, the appellant may file a USERRA appeal directly with the Board or may ask the Secretary to refer the complaint to the Special Counsel. If the Special Counsel agrees to represent the appellant, the Special Counsel may file a USERRA appeal directly with the Board. If the Special Counsel does not agree to represent the appellant, the appellant may file a USERRA appeal directly with the Board.
[65 FR 5412, Feb. 4, 2000, as amended at 65 FR 49896, Aug. 16, 2000]

Title 5 published on 2013-01-01

The following are only the Rules published in the Federal Register after the published date of Title 5.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2013-04-19; vol. 78 # 76 - Friday, April 19, 2013
    1. 78 FR 23457 - Practices and Procedures
      GPO FDSys XML | Text
      MERIT SYSTEMS PROTECTION BOARD
      Final rule.
      Effective April 19, 2013.
      5 CFR Parts 1201 and 1208

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

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United States Code
USC : Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

§ 1204 - Powers and functions of the Merit Systems Protection Board

§ 3330a - Preference eligibles; administrative redress

§ 3330b - Preference eligibles; judicial redress

USC : Title 38 - VETERANS’ BENEFITS

§ 4331 - Regulations

Title 5 published on 2013-01-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 5 CFR 1208 after this date.

  • 2013-04-19; vol. 78 # 76 - Friday, April 19, 2013
    1. 78 FR 23457 - Practices and Procedures
      GPO FDSys XML | Text
      MERIT SYSTEMS PROTECTION BOARD
      Final rule.
      Effective April 19, 2013.
      5 CFR Parts 1201 and 1208