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Office of the General Counsel

OPM Ref. # 1997-00444

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.

Sincerely yours,

Murray M. Meeker

Senior Attorney

cc: [agency name and address]

Control Panel