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OPM Contact: Murray M. Meeker
The claimant, a civilian employee at [xxx], requests
compensation for work that he performed in March 1998.
The [xxx] has advised the Office of Personnel Management (OPM)
that during the period covered by the claim, the claimant was
subject to a negotiated grievance procedure under a collective
bargaining agreement, and that the claim is not excluded from the
agreement's negotiated grievance procedure.
OPM cannot take jurisdiction over a claim that is or was subject
to a negotiated grievance procedure under a collective bargaining
agreement unless that matter is or was specifically excluded from
the agreement's grievance procedure.
The courts have found that Congress intended that such a
grievance procedure is to be the exclusive remedy for matters not
excluded from the grievance process. Carter v.
Gibbs, 909 F.2d 1425, 1453 (Fed. Cir. 1990) (en
banc) (In enacting 5 U.S.C. 7121(a), Congress
intended that the negotiated grievance procedure was to be the
exclusive remedy for matters not excluded from the grievance
process), cert. denied, 498 U.S. 811 (1990).
Accord, Harris v. United States, 841
F.2d 1097 (Fed. Cir. 1988); Cecil E. Riggs et al.,
B-222962.3, April 23, 1992.
The CPAC advised OPM further that all required actions had been
completed, and that the employee would receive the retroactive back
pay that he had claimed.