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OPM Contact: Murray M. Meeker
The claimant, a contract specialist with the [xxx] avers that as
a result of an administrative error, his promotion from grade GS-9
to grade GS-11 was delayed by approximately six weeks. The claimant
requests a retroactive promotion with back pay.
The Civilian Personnel Advisory Center (CPAC) at the [xxx]
District 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.
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