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.
Manage your retirement online.
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, an employee with the [agency] in [xxx], seeks overtime pay for travel time in connection with training that he attended in [xxx]. 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, the claimant is a Union [xxx], and he has previously filed a grievance under the negotiated grievance procedure concerning this matter.
OPM cannot take jurisdiction over a claim that is 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.