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Under the Civil Service Reform Act of 1978 and
the Civil Due Process Amendments Act, most Federal employees who have completed a
probationary period, may appeal various personnel actions affecting them to the
Merit Systems Protection Board (MSPB). The Board or an administrative law judge hears and
makes rulings on employees' appeals.
In general, DOI employees have the option of
appealing certain actions under the AGP or to MSPB, but not both.
However, DOI employees covered under a negotiated union agreement may only appeal
certain actions under the negotiated grievance procedure (NGP), or appeal to MSPB, but not
both. Specifically certain performance-based and adverse actions (such as demotions,
suspensions of more than 14 days, removals) may be appealed under the NGP (as long as the
matter has not been excluded from the NGP) or to the MSPB. An employee shall be
deemed to have exercised his or her option to raise the matter under either procedure at
the time he or she files a timely notice of appeal with MSPB or files a timely grievance,
whichever occurs first.
For further information, you may wish to visit the MSPB
Home Page or contact your serving personnel office. |
