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In Reply Refer To: Your Reference:
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