New rule would clarify MSPB appeal, grievance procedures

The Merit Systems Protection Board wants to help direct federal workers through the maze of legal procedures governing appeals and grievances relating to personnel actions with a new rule that would require agencies to map out employees' rights.

The proposed rule, issued in the Federal Register Monday, would require agencies to issue official notices spelling out the different options for appeals and grievances and their consequences. The notices should also explain which federal employees are covered by the Federal Labor-Management Relations Statute, which governs appeal and grievance issues, MSPB said.

The difference in rules for appeals and grievances can be tricky. For example, if an employee covered by the labor-management statute chooses to file a grievance, an appeal cannot then be filed with MSPB.

But Postal Service workers, employees of the Tennessee Valley Authority, members of the Foreign Service and some other federal employees are not covered by the statute, so their rights vary. This can create confusion among employees.

For example, in one case, MSPB forgave a postal worker who filed a late appeal to the board because the guidance he had received from his agency was ambiguous about the rules for filing an appeal and a grievance at the same time.

MSPB said such cases could be prevented if agencies were required to include certain pieces of information in their notification letters, such as:

• Whether or not choosing to file a grievance will waive the employee's right to file an MSPB appeal.
• Whether an appeal and a grievance can be filed on the same matter (and a specific notice that filing a grievance does not extend the time limit for filing an appeal).
• Whether the employee has a right to request MSPB review of a final arbitration decision.

Comments on the proposed rule must be submitted by Jan. 3, 2000. They can be sent via e-mail to mspb@mspb.gov.