Kevin A. Dunklebarger v. Merit Systems Protection Board

BRYSON, Circuit Judge.

This case raises a question regarding the circumstances in which a federal employee who enjoys rights to grievance procedures under a collective bargaining agreement may elect not to employ those procedures and instead to appeal an employment-related claim to the Merit Systems Protection Board. We hold that the governing statute, 5 U.S.C. § 7121(a), does not ordinarily permit an employee to choose between the negotiated grievance procedures and an appeal to the Merit Systems Protection Board, even when the applicable collective bargaining agreement purports to permit…