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Last revision:  April 10, 1992
 
 §1614.401  Appeals to the Commission.                                  
  
     (a) A complainant may appeal an agency's final decision, or the   
 agency's dismissal of all or a portion of a complaint.                
     (b) An agent may appeal the agency decision accepting or          
 dismissing all or a portion of a class complaint, or a final decision 
 on a class complaint;  a class member may appeal a final decision on a
 claim for individual relief under a class complaint;  and both may    
 appeal a final decision on a petition pursuant to  1614.204
 (g)(4).    
     (c) A grievant may appeal the final decision of the agency, the   
 arbitrator or the Federal Labor Relations Authority (FLRA) on the     
 grievance when an issue of employment discrimination was raised in a  
 negotiated grievance procedure that permits such issues to be raised. 
 A grievant may not appeal under this part, however, when the matter   
 initially raised in the negotiated grievance procedure is still       
 ongoing in that process, is in arbitration, is before the FLRA, is    
 appealable to the MSPB or if 5 U.S.C. 7121(d) is inapplicable to the  
 involved agency.                                                      
     (d) A complainant, agent or individual class claimant may appeal  
 to the Commission an agency's alleged noncompliance with a settlement 
 agreement or final decision in accordance with  1614.504
 .