NATCA Bookshelf

11 B. By the Union concerning any matter relating to the employment of any BUE; or C. By a BUE or either Party concerning any claimed violation, misinterpretation , or misapplication of any law, rule, regulation or policy affecting conditions of employment , as provided by 5 USC Chapter 71 or this Agreement. Section 4. The following matters are exclude d from the procedure: A. Any claimed violation of subchapter III of chapter 73 of Title 5 (relating to prohibited political activities); B. Retirement, life insurance, or health insurance; C. A suspension or removal under section 7532 of Title 5; D. Any examination, c ertification, or appointment; E. The classification of any posi tion which does not result in the reduction in grade or pay of an employee; or F. The removal of probationary employees. Section 5 . The Parties reserve their statutory rights to all applicable appeal procedures including , but not limited to, the Merit Syst em Protection Board (MSPB) and the Equal Employment Opportunity Commission (EEOC) as well as procedures established by 5 U.S.C. 2302 (b)(1), 4303 and 7512. An aggrieved employee shall have the option of using the negotiated grievance procedure as prescrib ed in Section 8 or other procedure available by law or regulation, but not both. A BUE shall be deemed to have exercised his/her option under this subsection to raise the matter under either a statutory procedure or the negotiated procedure at such time a s the BUE timely initiates an action under the applicable statutory procedure or timely files a grievance in writing, in accordance with the provisions of the Parties' negotiated procedure, whichever event occurs first. Section 6. Employees and their re presentatives will be granted a reasonable amount of time to prepare and present grievances. Section 7. All written correspondence under this Article shall be submitted by hand delivery, certified mail, or other similar system that requires a signature w ith a return receipt. Section 8. Employee Initiated Grievances : Where a grievance is filed by an

• Cover