Does the Board hear appeals from employees who are covered by a negotiated grievance procedure?
If an employee is a member of a bargaining unit that is represented by a union or an association, the bargaining agreement may have a negotiated grievance procedure available to the employee. Many times, the grievance procedure will cover personnel actions that by law may otherwise be appealed to the Board. If a bargaining unit employee is covered by such a “broad scope” grievance procedure, then the employee has a choice between filing either a grievance with the agency or an appeal with the Board, but may not do both. However, if the employee alleges discrimination in connection with the underlying personnel action, he or she may appeal the arbitrator’s decision to the Board. See 5 U.S.C. ยง 7121(d). Return to top A preference eligible Postal Service employee can file both a grievance and a Board appeal from the same action, but does not have a right of Board review of an arbitration decision.
