[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1614.401]

[Page 276]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1614--FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY--Table of Contents
 
                  Subpart D--Appeals and Civil Actions
 
Sec. 1614.401  Appeals to the Commission.


    (a) A complainant may appeal an agency's final action or dismissal 
of a complaint.
    (b) An agency may appeal as provided in Sec. 1614.110(a).
    (c) A class agent or an agency may appeal an administrative judge's 
decision accepting or dismissing all or part of a class complaint; a 
class agent may appeal a final decision on a class complaint; a class 
member may appeal a final decision on a claim for individual relief 
under a class complaint; and a class member, a class agent or an agency 
may appeal a final decision on a petition pursuant to 
Sec. 1614.204(g)(4).
    (d) A grievant may appeal the final decision of the agency, the 
arbitrator or the Federal Labor Relations Authority (FLRA) on the 
grievance when an issue of employment discrimination was raised in a 
negotiated grievance procedure that permits such issues to be raised. A 
grievant may not appeal under this part, however, when the matter 
initially raised in the negotiated grievance procedure is still ongoing 
in that process, is in arbitration, is before the FLRA, is appealable to 
the MSPB or if 5 U.S.C. 7121(d) is inapplicable to the involved agency.
    (e) A complainant, agent or individual class claimant may appeal to 
the Commission an agency's alleged noncompliance with a settlement 
agreement or final decision in accordance with Sec. 1614.504.

[57 FR 12646, Apr. 10, 1992, as amended at 64 FR 37659, July 12, 1999]