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Office of Merit Systems Oversight and Effectiveness

Date: June 6, 2001
File Number: [01-0024]
Matter of: [Name]

OPM Contact: Melissa Drummond

A Federal employee in the [agency's] [state] Region filed a claim for promotion eligibility. We acknowledged receipt of this claim on March 22, 2001 and requested an administrative report from the agency on the same date. The agency administrative report was received on June 4, 2001. For the reasons stated below, we do not have jurisdiction to consider this claim.

Based on the information provided by the agency, the claimant was a member of a collective bargaining unit during the time of the claim. Moreover, this matter was not excluded from negotiated grievance procedures under a nationwide collective bargaining agreement between the agency and employees outside of the Washington, D.C. area, who are represented by the National Council of Field Labor Locals.

The Office of Personnel Management (OPM) does not have jurisdiction to consider a matter that is or was subject to a negotiated grievance procedure under a collective bargaining agreement between the employees agency and labor union, unless that matter is or was specifically excluded from the agreements grievance procedure. Congress intended that such a grievance procedure would be the exclusive remedy for matters not excluded from the grievance process. Carter v. Gibbs, 909 F.2d 1452, 1454-55 (Fed. Cir. 1990) (en banc), cert. denied, 498 U.S. 811 (1990) (Construing therein the provision in the Civil Service Reform Act codified at 5 U.S.C.  7121(a) which mandates that the grievance procedures in negotiated collective bargaining agreements be the exclusive remedy for matters covered by the agreements). Accord, Paul D. Bills, et al., B260475 (June 13, 1995); Cecil E. Riggs, et al., 71 Comp. Gen. 374 (1992). Accordingly, OPM cannot assert jurisdiction over, or issue a decision concerning, this matter.

This settlement is final. No further administrative review is available within the Office of Personnel Management. Nothing in this settlement limits the claimants right to bring an action in an appropriate United States Court.

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