[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: 29CFR1614.301]

[Page 271-272]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1614--FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY--Table of Contents
 
                      Subpart C--Related Processes
 
Sec. 1614.301  Relationship to negotiated grievance procedure.


    (a) When a person is employed by an agency subject to 5 U.S.C. 
7121(d) and is covered by a collective bargaining agreement that permits 
allegations of discrimination to be raised in a negotiated grievance 
procedure, a person wishing to file a complaint or a grievance on a 
matter of alleged employment discrimination must elect to raise the 
matter under either part 1614 or the negotiated grievance procedure, but 
not both. An election to proceed under this part is indicated only by 
the filing of a written complaint; use of the pre-complaint process as 
described in Sec. 1614.105 does not constitute an election for purposes 
of this section. An aggrieved employee who files a complaint under this 
part may not thereafter file a grievance on the same matter. An election 
to proceed under a negotiated grievance procedure is indicated by the 
filing of a timely written grievance. An aggrieved employee who files a 
grievance with an agency whose negotiated agreement permits the 
acceptance of grievances which allege discrimination may not thereafter 
file a complaint on the same matter under this part 1614 irrespective of 
whether the agency has informed the individual of the need to elect or 
of whether the grievance has raised an issue of discrimination. Any such 
complaint filed after a grievance has been filed on the same matter 
shall be dismissed without prejudice to the complainant's right to 
proceed through

[[Page 272]]

the negotiated grievance procedure including the right to appeal to the 
Commission from a final decision as provided in subpart D of this part. 
The dismissal of such a complaint shall advise the complainant of the 
obligation to raise discrimination in the grievance process and of the 
right to appeal the final grievance decision to the Commission.
    (b) When a person is not covered by a collective bargaining 
agreement that permits allegations of discrimination to be raised in a 
negotiated grievance procedure, allegations of discrimination shall be 
processed as complaints under this part.
    (c) When a person is employed by an agency not subject to 5 U.S.C 
7121(d) and is covered by a negotiated grievance procedure, allegations 
of discrimination shall be processed as complaints under this part, 
except that the time limits for processing the complaint contained in 
Sec. 1614.106 and for appeal to the Commission contained in 
Sec. 1614.402 may be held in abeyance during processing of a grievance 
covering the same matter as the complaint if the agency notifies the 
complainant in writing that the complaint will be held in abeyance 
pursuant to this section.