Title 5: Administrative Personnel
PART 1201—PRACTICES AND PROCEDURES
Subpart B—Procedures for Appellate Cases
Appeal of Agency Action; Pleadings
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§ 1201.21 Notice of appeal rights.
When an agency issues a decision notice to an employee on a matter that is appealable to the Board, the agency must provide the employee with the following:
(a) Notice of the time limits for appealing to the Board, the requirements of §1201.22(c), and the address of the appropriate Board office for filing the appeal;
(b) A copy, or access to a copy, of the Board's regulations;
(c) A copy of the MSPB appeal form available at the Board's Web site ( http://www.mspb.gov ), and
(d) Notice of any right the employee has to file a grievance, including:
(1) Whether the election of any applicable grievance procedure will result in waiver of the employee's right to file an appeal with the Board;
(2) Whether both an appeal to the Board and a grievance may be filed on the same matter and, if so, the circumstances under which proceeding with one will preclude proceeding with the other, and specific notice that filing a grievance will not extend the time limit for filing an appeal with the Board; and
(3) Whether there is any right to request Board review of a final decision on a grievance in accordance with §1201.154(d).
[74 FR 9343, Mar. 4, 2009]
