(1)A grievant may not file a grievance with the Board if the grievant has formally requested, prior to filing a grievance, that the matter or matters which are the basis of the grievance be considered or resolved and relief be provided under another provision of law, regulation, or Executive order, other than under section
1221 of title
5, and the matter has been carried to final decision under such provision on its merits or is still under consideration.
(2)If a grievant is not prohibited from filing a grievance under paragraph (1), the grievant may file with the Board a grievance which is also eligible for consideration, resolution, and relief under chapter
12 of title
5 or a regulation or Executive order other than under this subchapter. An election of remedies under this subsection shall be final upon the acceptance of jurisdiction by the Board.
(3)This subsection shall not apply to any grievance with respect to which subsection (b) of this section applies.
(1)With respect to a grievance based on an alleged violation of a law, rule, regulation, or policy directive referred to in section
4131(a)(1)(H) of this title, a grievant may either—
(A)file a grievance under this subchapter, or
(B)initiate in writing a proceeding under another provision of law, regulation, or Executive order that authorizes relief,
but not both.
(2)A grievant shall be considered to have exercised the option under paragraph (1) as soon as the grievant timely either—
(A)files a grievance under this subchapter, or
(B)initiates in writing a proceeding under such other provision of law, regulation, or Executive order.
1991—Subsec. (a). Pub. L. 102–138, § 153(d)(1)(A), (B), redesignated former subsec. (a) as par. (1), redesignated former subsec. (b) as par. (2) of subsec. (a) and substituted “paragraph (1)” for “subsection (a) of this section” and “under this subsection” for “under this section”, and added par. (3).
Subsec. (b). Pub. L. 102–138, § 153(d)(1)(C), added subsec. (b). Former subsec. (b) redesignated (a)(2).
1989—Subsec. (a). Pub. L. 101–12substituted “1214 or 1221” for “1206”.
Effective Date of 1991 Amendment
Amendment by Pub. L. 102–138not applicable with respect to any grievance, within the meaning of section
4131 of this title, arising before Oct. 28, 1991, see section 153(f) ofPub. L. 102–138, set out as a note under section
4115 of this title.
Effective Date of 1989 Amendment
Amendment by Pub. L. 101–12effective 90 days following Apr. 10, 1989, see section 11 ofPub. L. 101–12, set out as a note under section
1201 of Title
5, Government Organization and Employees.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.