Page:United States Statutes at Large Volume 92 Part 1.djvu/1266

 92 STAT. 1212

PUBLIC LAW 95-454—OCT. 13, 1978

under this subsection to raise the matter under either a statutory procedure or the negotiated procedure at such time as the employee timely initiates an action under the applicable statutory procedure or timely files a grievance in writing, in accordance with the provisions of the .•j:!: parties' negotiated procedure, whichever event occurs first. Selection of the negotiated procedure in no manner prejudices the right of an aggrieved employee to request the Merit Systems Protection Board to Ante, p. 1140. review the final decision pursuant to section 7702 of this title in the case of any personnel action that could have been appealed to the Board, or, where applicable, to request the Equal Employment Opportunity Commission to review a final decision in any other matter involving a complaint of discrimination of the type prohibited by any law administered by the Equal Employment Opportunity Commission. Ante, p. 1133, "(e)(1) Matters covered under sections 4303 and 7512 of this title 1136which also fall within the coverage of the negotiated grievance procedure may, in the discretion of the aggrieved employee, be raised either Ante, p. 1138. under the appellate procedures of section 7701 of this title or under the negotiated grievance procedure, but not both. Similar matters which arise under other personnel systems applicable to employees covered by this chapter may, in the discretion of the aggrieved employee, be raised either under the appellate procedures, if any, applicable to those matters, or under the negotiated grievance procedure, but not both. An employee shall be deemed to have exercised his option under this subsection to raise a matter either under the applicable appellate procedures or under the negotiated grievance procedure at such time as the employee timely files a notice of appeal under the applicable appellate procedures or timely files a grievance in writing in accordance with the provisions of the parties' negotiated grievance procedure, whichever event occurs first. "(2) In matters covered under sections 4303 and 7512 of this title which have been raised under the negotiated grievance procedure in accordance with this section, an arbitrator shall be governed by section 7701 (c)(1) of this title, as applicable. "(f) In matters covered under sections 4303 and 7512 of this title which have been raised under the negotiated grievance procedure in Ante, p. 1143. accordance with this section, section 7703 of this title pertaining to judicial review shall apply to the award of an arbitrator in the same manner and under the same conditions as if the matter had been decided by the Board. In matters similar to those covered under sections 4303 and 7512 of this title which arise under other personnel systems and which an aggrieved employee has raised under the negotiated grievance procedure, judicial review of an arbitrator's award may be obtained in the same manner and on the same basis as could l^e obtained of a final decision in such matters raised under applicable appellate procedures. .. <--, • 5 USC 7122. "§ 7122. Exceptions to arbitral awards " (a) Either party to arbitration under this chapter may file with the Authority an exception to any arbitrator's award pursuant to the arbitration (other than an award relating to a matter described in section 7121(f) of this title). If upon review the Authority finds that the award is deficient— P "(1) because it is contrary to any law, rule, or regulation; or - ^, ^ ' - ' "(2) on other grounds similar to those applied b}^ Federal courts £|j!.?l 1S, . V' in private sector labor-management relations;

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