MSPB said the agency did not fully explain the consequences of choosing appeal or grievance procedures. Image: Burdun Iliya/Shutterstock.com
By: FEDweek StaffWhile federal employees who have more than one possible appeal channel available in an adverse action must commit to only one, that rule doesn’t apply where the agency does not inform the employee of it, the MSPB has ruled.
In case No. 23 MSPB 15, an employee appealed her removal through the grievance channel but when the union decided not to pursue it to arbitration, she filed an appeal at the MSPB. A hearing office dismissed the case, though, ruling that she had made an irrevocable decision when choosing the grievance route.
The merit board, though, noted that its rules “require that when an agency issues a decision notice to an employee on a matter appealable to the Board, it must provide the employee with notice of the available avenues of relief and the preclusive effect any election will have on the employee’s Board appeal rights,” according to an MSPB summary of the case.
It said the agency’s notice letter informed the employee of the options available to her and that the one she chose “shall be considered an election by you to proceed under that appeal process. However, the agency did not fully explain the consequences of choosing the appeal or grievance procedures.”
“In particular, the letter did not specifically inform the appellant that she could raise the matter at issue with the Board or under the negotiated grievance procedures, but not both”—nor did it specifically state that electing the grievance rout would waive rights to appeal to MSPB, it said.
Therefore, the employee “did not make a knowing an informed election and did not waive her right to file a Board appeal,” it said. The board sent the case back to the hearing officer to consider.
Key Bills Advancing, but No Path to Avoid Shutdown Apparent
TSP Adds Detail to Upcoming Roth Conversion Feature
White House to Issue Rules on RIF, Disciplinary Policy Changes
DoD Announces Civilian Volunteer Detail in Support of Immigration Enforcement
See also,
How Do Age and Years of Service Impact My Federal Retirement
The Best Ages for Federal Employees to Retire
How to Challenge a Federal Reduction in Force (RIF) in 2025
Should I be Shooting for a $1M TSP Balance? Depends…
