§ 708.16. Duplicative actions under State or other law.
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/us/cfr/t10/s§ 708.16·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)An employee may not file a complaint under this part if, with respect to the same facts, he chooses to pursue a remedy under State or other applicable law, including final and binding grievance-arbitration procedures, unless:
(1)The complaint under State or other applicable law is dismissed for lack of jurisdiction;
(2)The complaint was filed under 48 CFR part 3, subpart 3.9 and the Inspector General, after conducting an initial inquiry, determines not to pursue it; or
(3)The employee has exhausted grievance-arbitration procedures pursuant to § 708.14, and issues related to alleged retaliation for conduct protected under § 708.5 remain.
(b)Pursuing a remedy other than final and binding grievance-arbitration procedures does not prevent an employee from filing a complaint under this part.
(c)An employee is considered to have filed a complaint under State or other applicable law if he files a complaint, or other pleading, with respect to the same facts in a proceeding established or mandated by State or other applicable law, whether such a complaint is filed before, concurrently with, or after a complaint is filed under this part.
(d)If an employee files a complaint under State or other applicable law after filing a complaint under this part, the complaint under this regulation will be dismissed under § 708.18(c)(3).
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§ 708.16
Duplicative actions under State or other law.
Cite48 CFR 3
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