[Code of Federal Regulations]
[Title 4, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 4CFR28.2]

[Page 31-32]
 
                            TITLE 4--ACCOUNTS
 
               CHAPTER I--GOVERNMENT ACCOUNTABILITY OFFICE
 
PART 28_GOVERNMENT ACCOUNTABILITY OFFICE PERSONNEL APPEALS BOARD; PROCEDURES 
 
        Subpart A_Purpose, General Definitions, and Jurisdiction
 
Sec.  28.2  Jurisdiction.

    (a) The Board has jurisdiction to hear and decide the following:
    (1) Proceedings in which the General Counsel seeks to stay a 
personnel action based upon an alleged prohibited personnel practice 
that has occurred or is about to occur;
    (2) Proceedings in which the General Counsel seeks corrective action 
for an alleged prohibited personnel practice; and
    (3) Proceedings in which the General Counsel seeks discipline for a 
GAO employee who has allegedly committed a prohibited personnel practice 
or who has engaged in prohibited political activity.
    (b) The Board has jurisdiction to hear any action brought by any 
person or

[[Page 32]]

group of persons in the following subject areas:
    (1) An officer or employee petition involving a removal, suspension 
for more than 14 days, reduction in grade or pay, or furlough of not 
more than 30 days;
    (2) A prohibited personnel practice under 31 U.S.C. 732(b)(2);
    (3) The appropriateness of a unit of employees for collective 
bargaining;
    (4) An election or certification of a collective bargaining 
representative;
    (5) A matter appealable to the Board under the labor-management 
relations program under 31 U.S.C. 732(e), including an unfair labor 
practice under 31 U.S.C. 732(e)(1);
    (6) An action involving discrimination prohibited under 31 U.S.C. 
732(f)(1); and
    (7) An issue about GAO personnel which the Comptroller General by 
regulation decides the Board shall resolve.
    (c) Special jurisdictional rules where matters are covered by a 
negotiated grievance procedure. If a GAO employee is covered by a 
collective bargaining agreement containing a negotiated grievance 
procedure that permits the employee to grieve matters that would 
otherwise be appealable to the Board, the following special rules apply:
    (1) Matters involving discrimination, performance-based reduction in 
grade or removal, or adverse action. If the negotiated grievance 
procedure permits the employee to grieve matters involving prohibited 
discrimination (as defined in Sec.  28.95), performance-based reduction 
in grade or removal (as described in 5 U.S.C. 4303) or an adverse action 
(as described in 5 U.S.C. 7512), then the employee may elect to raise 
the matter either under the negotiated grievance procedure or under the 
Board's procedures, but not both. The employee will be deemed to have 
elected the Board's procedures if the employee files a timely charge 
with the Board's General Counsel or files a timely written EEO complaint 
with GAO before filing a timely written grievance.
    (2) Other matters. If the negotiated grievance procedure permits the 
employee to grieve any matters which would otherwise be appealable to 
the Board, other than those listed in paragraph (c)(1) of this section, 
then those matters may only be raised under the negotiated grievance 
procedure and not before the Board.
    (3) Board review of final decisions from the negotiated grievance 
procedure involving discrimination. If an employee elects to pursue a 
matter involving prohibited discrimination (as defined in Sec.  28.95) 
through the negotiated grievance procedure, the employee may ask the 
Board to review the final decision of the negotiated grievance procedure 
as it relates to the issue of discrimination. A petition seeking such 
review shall be filed with the Clerk of the Board within 20 days of 
receipt of the final decision of the negotiated grievance procedure. The 
Board will not review any final decisions of the negotiated grievance 
procedure other than those where prohibited discrimination was raised as 
an issue in the grievance.

[58 FR 61992, Nov. 23, 1993, as amended at 68 FR 69298, Dec. 12, 2003]