§ 4139. Relationship to other remedies
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/usc/title-22/section-4139A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)A grievant may not file a grievance with the Board if the grievant has formally requested, prior to filing a grievance, that the matter or matters which are the basis of the grievance be considered or resolved and relief be provided under another provision of law, regulation, or Executive order, other than under section 1214 or 1221 of title 5, and the matter has been carried to final decision under such provision on its merits or is still under consideration.
(2)If a grievant is not prohibited from filing a grievance under paragraph (1), the grievant may file with the Board a grievance which is also eligible for consideration, resolution, and relief under chapter 12 of title 5 or a regulation or Executive order other than under this subchapter. An election of remedies under this subsection shall be final upon the acceptance of jurisdiction by the Board.
(3)This subsection shall not apply to any grievance with respect to which subsection
(b)applies.
(1)With respect to a grievance based on an alleged violation of a law, rule, regulation, or policy directive referred to in section 4131(a)(1)(H) of this title, a grievant may either—
(A)file a grievance under this subchapter, or
(B)initiate in writing a proceeding under another provision of law, regulation, or Executive order that authorizes relief,
but not both.
(2)A grievant shall be considered to have exercised the option under paragraph
(1)as soon as the grievant timely either—
(A)files a grievance under this subchapter, or
(B)initiates in writing a proceeding under such other provision of law, regulation, or Executive order.
(Pub. L. 96–465, title I, § 1109, Oct. 17, 1980, 94 Stat. 2148; Pub. L. 101–12, § 9(a)(3), Apr. 10, 1989, 103 Stat. 35; Pub. L. 102–138, title I, § 153(d)(1), Oct. 28, 1991, 105 Stat. 673.)
Connections9 cite this · traces to 3
Cited by 9 sections
U.S. Code
statutes-at-large
- Public Law 96–465To promote the foreign policy of the United States by strengthening and improving the Foreign Service of the United States, and for other purposes
- Public Law 101–12To amend title 5, United States Code, to strengthen the protections available to Federal employees against prohibited personnel practices, and for other purposes
- Public Law 102–138To authorize appropriations for fiscal years 1992 and 1993 for the Department of State, and for other purposes
statute-compilations
12 references not yet in our index
- Pub. L. 96–465, title I, § 1109
- 94 Stat. 2148
- Pub. L. 101–12, § 9(a)(3)
- 103 Stat. 35
- Pub. L. 102–138, title I, § 153(d)(1)
- 105 Stat. 673
- Pub. L. 102–138, § 153(d)(1)(A)
- Pub. L. 102–138, § 153(d)(1)(C)
- Pub. L. 101–12
- Pub. L. 102–138
- section 153(f) of Pub. L. 102–138
- section 11 of Pub. L. 101–12
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cites case law
§ 4139
Relationship to other remedies
U.S.C.×5
Stat.×3
Stat. Comp.×1
Pub. L.Pub. L. 96–465, title I, § 1109
Stat.94 Stat. 2148
Pub. L.Pub. L. 101–12, § 9(a)(3)
Stat.103 Stat. 35
Pub. L.Pub. L. 102–138, title I, § 153(d)(1)
Cites 15 · showing 8Cited by 9 across 3 sources