The Federal Government will Become America's Model Employer for the 21st Century.
Recruit, Retain and Honor a World-Class Workforce to Serve the American People.
Find out more about Federal compensation throughout your career and around the world.
Staffing to align with your agency's mission
Human Resources and Security Specialists should use this tool to determine the correct investigation level for any covered position within the U.S. Federal Government.
OPM’s Human Resources Solutions organization can help your agency answer this critically important question.
Developing senior leaders in the U.S. Government through Leadership for a Democratic Society, Custom Programs and Interagency Courses.
Visit this federal site to search for our regulatory notices, proposed and final rules.
See the latest tweets on our Twitter feed, like our Facebook pages, watch our YouTube videos, and page through our Flickr photos.
OPM Contact: Murray M. Meeker
The claimant, a former civilian employee at the [xxx], requested
that he be permitted to buy back leave which he used as a result of
a work-related injury. For the reasons expressed herein, the claim
is denied for lack of jurisdiction.
The [agency] 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. Indeed, [agency]
advised OPM that the claimant had previously filed a grievance
under the 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.