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To Which Do You Turn?
DLA EEO Web Site
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Generally,
"appeal" refers
to an employee's request for review of an action to an outside agency.
MSPB
You must petition for review of an agency action no later than 20 days
after the effective date of the action appealed. With only a few exceptions
(such as appeals covered under negotiated agreements) most issues you
may appeal should go to the Merit Systems Protection Board. These would
include the following:
-
denial
of within-grade increases
-
adverse
actions
-
removal
-
demotions
-
suspensions
of more than 14 days
-
furloughs
NTE (not to exceed) 30 days
-
unacceptable
performance actions
-
removals
-
demotions
-
RIF
(reduction in force)
-
Denial
of re-employment rights granted by OPM regulation
-
Disqualification
of employees or applicants by OPM based on suitability determinations
-
Rulings
on retirement applications and annuities by OPM
-
Hatch
Act violations by certain State, local, and Federal employees
-
Removal
of administrative law judges
-
Probationers
who allege separation due to partisan politics or martial status;
can appeal procedures and merits
-
Probationers separated for conduct before employment may appeal
procedures only
-
Mixed cases (EEO issue plus another appeal-able issue) Cannot appeal
non-promotion to MSPB.
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EEOC:
EEO Basis
- Asian
Pacific American
- African
American
- Caucasian
- Native
American
- Hispanic
- Accommodation
for religious beliefs
- Christianity
- Judaism
- Islam
- Mental
handicap
- Physical
handicap
- Reprisal
(specify date) (NOTE: "YOU MUST MEET THE REQUIREMENTS BELOW")
- If
engaged in previous EEO activity
- If
you raised a EEO issue
- If
you were interviewed regarding an EEO issue
- Retaliation
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OPM
- You
would go to the Office of Personnel Management if you wished to
appeal:
- A
job examination rating or the rejection of your job application
- The
way your position was classified or your job was graded
- A
dispute about overtime pay
- A
decision of an insurance carrier to deny a claim of an employee,
annuitant, or family member.
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Union
Grievances
A grievance has been defined as a request by an employee for personal
relief concerning a matter under control of agency management. There
are two grievance systems - an "administrative" grievance
system provided by each agency under OPM regulation, and a "negotiated"
grievance system provided by a collective bargaining agreement between
a union and agency management.
Negotiated
Grievance Procedures
May cover any matter of concern to the employee regarding the employee-employer
relationship except for those matters reserved to management, (e.g.,
the authority to discipline employees). Specifically exempted from negotiated
procedures are:
-
Alleged
violation of prohibited political activities
-
Retirement,
life insurance, or health insurance
-
Suspension
or removal in the interests of national security
-
Any
examination, certification, or appointment
-
Classification
of any position that does not result in reduction of an employee's
pay or grade
-
Matters
relating to an employee's entitlement to retained pay and grade
in a reduction-in-force (RIF) situation
Administrative
Grievance Procedure
Each agency is required to have an administrative grievance procedure
to cover employees not covered by negotiated procedures. The specific
procedures may vary from agency to agency but they must provide for
prompt consideration of each grievance; freedom from discrimination
or reprisal, fact-finding when appropriate; the right to representation;
and a reasonable amount of official time to present the grievance. An
employee may grieve any matter of concern or dissatisfaction subject
to the control of agency management, provided there is a request for
appropriate relief, except for appeal-able matters. The management,
prove content of agency policy; a preliminary warning or notice of an
action which, if taken, would be covered under the grievance system
or subject to final review outside of the agency; and non-selection
for promotion from a group of properly ranked and certified candidates.
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Complaints
To the Special Counsel of MSPB
(Merit System Protection Board)
- Allegations
of prohibited personnel practices
- Violations
of the Hatch Act
- "Whistleblower"
disclosures
- Political
coercion
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