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OPM Contact: Murray M. Meeker
The claimant, an employee with the [xxx] Command, claims
entitlement to restored annual leave. For the reasons discussed
herein, the claim is dismissed for lack of jurisdiction.
The agency has informed the Office of Personnel Management (OPM)
that the claimant is covered by a collective bargaining agreement.
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) and Cecil E. Riggs et al., B-222962.3, April 23,
Thus, the employee's claim is dismissed for lack of
jurisdiction. This settlement is final. No further administrative
review is available within OPM. Nothing in this settlement limits
the employee's right to bring an action in an appropriate United