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Office of the General Counsel

In Reply Refer To: Your Reference:

Date: May 27, 1998
Matter of: [xxx]
File Number: 98001580

OPM Contact: Joann Charleston

We have completed our review of a claim for back pay and have determined that the Office of Personnel Management (OPM) cannot render a decision concerning this matter.

This claim was submitted by an employee of the [agency]. Information in the file shows that the employee is part of a unit covered by a Collective Bargaining Agreement.

Our Office cannot take jurisdiction over the claim of a Federal employee on a matter that is subject to the negotiated grievance procedure under a collective bargaining agreement between the employee's agency and union, unless that matter is or was specifically excluded from the agreement's grievance procedure. This is because the courts have found that Congress intended that such grievance procedure is to be the exclusive remedy for

Cecil E. Riggs, et al., B-222962.3, April 23, 1992.

Accordingly, since the claim he filed is subject to negotiated grievance procedures, we decline to assert jurisdiction or issue a decision concerning this matter.

This settlement is final. No further administrative review is available within OPM. Nothing in this settlement limits the claimant's right to bring an action in an appropriate United States Court.

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