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Last revision:  April 10, 1992
 
 §1614.301   Relationship to negotiated grievance procedure.
             
  
     (a) When a person is employed by an agency subject to 5 U.S.C.    
 7121(d) and is covered by a collective bargaining agreement that      
 permits allegations of discrimination to be raised in a negotiated    
 grievance procedure, a person wishing to file a complaint or a        
 grievance on a matter of alleged employment discrimination must elect 
 to raise the matter under either part 1614 or the negotiated grievance
 procedure, but not both.  An election to proceed under this part is   
 indicated only by the filing of a written complaint;  use of the      
 pre-complaint process as described in  1614.105 does not constitute an
 election for purposes of this section.  An aggrieved employee who     
 files a complaint under this part may not thereafter file a grievance 
 on the same matter.  An election to proceed under a negotiated        
 grievance procedure is indicated by the filing of a timely written    
 grievance.  An aggrieved employee who files a grievance with an agency
 whose negotiated agreement permits the acceptance of grievances which 
 allege discrimination may not thereafter file a complaint on the same 
 matter under this part 1614 irrespective of whether the agency has    
 informed the individual of the need to elect or of whether the        
 grievance has raised an issue of discrimination.  Any such complaint  
 filed after a grievance has been filed on the same matter shall be    
 dismissed without prejudice to the complainant's right to proceed     
 through the negotiated grievance procedure including the right to     
 appeal to the Commission from a final decision as provided in subpart 
 D of this part.  The dismissal of such a complaint shall advise the   
 complainant of the obligation to raise discrimination in the grievance
 process and of the right to appeal the final grievance decision to the
 Commission.                                                           
     (b) When a person is not covered by a collective bargaining       
 agreement that permits allegations of discrimination to be raised in a
 negotiated grievance procedure, allegations of discrimination shall be
 processed as complaints under this part.                              
     (c) When a person is employed by an agency not subject to 5 U.S.C 
 7121(d) and is covered by a negotiated grievance procedure,           
 allegations of discrimination shall be processed as complaints under  
 this part, except that the time limits for processing the complaint   
 contained in  1614.106 and for appeal to the Commission contained in  
  1614.402 may be held in abeyance during processing of a grievance    
 covering the same matter as the complaint if the agency notifies the  
 complainant in writing that the complaint will be held in abeyance    
 pursuant to this section.