§ 905.2. Disciplinary grievances.
149 words·~1 min read·
/us/cfr/t22/s§ 905.2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In grievances over disciplinary actions, the agency has the burden of establishing by a preponderance of the evidence that the disciplinary action was justified, provided, however, that in a grievance concerning suspension without pay pursuant to section 610(a)(3) of the Act, the Board's determination of the grievance shall be limited to:
(a)Whether the required procedures have been followed; and
(b)Whether there exists reasonable cause to believe a crime has been committed for which a sentence of imprisonment may be imposed and there is a nexus between the conduct and the efficiency of the Service. For this purpose, reasonable cause to believe that a member has committed a crime for which a sentence of imprisonment may be imposed shall be defined as a member of the Service having been convicted of, and sentence of imprisonment having been imposed for, a job-related crime. \[56 FR 55459, Oct. 28, 1991\]