[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1614.301]

[Page 282-283]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY 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

[[Page 283]]

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 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.