Human Resources and Security Specialists should use this tool to determine the correct investigation level for any covered position within the U.S. Federal Government.
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Dear Mr. [xxx]:
We have reviewed the claim that you submitted to the Office of Personnel Management (OPM) on March 28, 1997. For the reasons expressed herein, your claim is denied.
As noted in the agency report that was submitted to OPM on May 23, 1997, the [agency] has entered into a collective bargaining agreement with the [union], and the [agency] has confirmed that you were covered by this agreement during your [agency] employment. OPM cannot take jurisdiction over the claim of a federal employee on a matter that is subject to a negotiated grievance procedure under a collective bargaining agreement between the employees agency and union, unless that matter is or was specifically excluded from the agreements grievance procedure.
The courts have found that such a grievance procedure is the exclusive remedy for matters not excluded from the grievance process. Carter v. Gibbs, 909 F.2d 1425, 1453 (Fed. Cir. 1990) (en banc), cert. denied, 498 U.S. 811 (1990), construing the provision in the Civil Service Reform Act, codified at 5 U.S.C. 7121(a). Accord, Cecil E. Riggs et al., B-222962.3, April 23, 1992. We regret that we are without authority to further review your claim.
Murray M. Meeker
cc: [agency name and address]