
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC7121]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
           Subpart F--Labor-Management and Employee Relations
 
                 CHAPTER 71--LABOR-MANAGEMENT RELATIONS
 
             SUBCHAPTER III--GRIEVANCES, APPEALS, AND REVIEW
 
Sec. 7121. Grievance procedures

    (a)(1) Except as provided in paragraph (2) of this subsection, any 
collective bargaining agreement shall provide procedures for the 
settlement of grievances, including questions of arbitrability. Except 
as provided in subsections (d), (e), and (g) of this section, the 
procedures shall be the exclusive administrative procedures for 
resolving grievances which fall within its coverage.
    (2) Any collective bargaining agreement may exclude any matter from 
the application of the grievance procedures which are provided for in 
the agreement.
    (b)(1) Any negotiated grievance procedure referred to in subsection 
(a) of this section shall--
        (A) be fair and simple,
        (B) provide for expeditious processing, and
        (C) include procedures that--
            (i) assure an exclusive representative the right, in its own 
        behalf or on behalf of any employee in the unit represented by 
        the exclusive representative, to present and process grievances;
            (ii) assure such an employee the right to present a 
        grievance on the employee's own behalf, and assure the exclusive 
        representative the right to be present during the grievance 
        proceeding; and
            (iii) provide that any grievance not satisfactorily settled 
        under the negotiated grievance procedure shall be subject to 
        binding arbitration which may be invoked by either the exclusive 
        representative or the agency.

    (2)(A) The provisions of a negotiated grievance procedure providing 
for binding arbitration in accordance with paragraph (1)(C)(iii) shall, 
if or to the extent that an alleged prohibited personnel practice is 
involved, allow the arbitrator to order--
        (i) a stay of any personnel action in a manner similar to the 
    manner described in section 1221(c) with respect to the Merit 
    Systems Protection Board; and
        (ii) the taking, by an agency, of any disciplinary action 
    identified under section 1215(a)(3) that is otherwise within the 
    authority of such agency to take.

    (B) Any employee who is the subject of any disciplinary action 
ordered under subparagraph (A)(ii) may appeal such action to the same 
extent and in the same manner as if the agency had taken the 
disciplinary action absent arbitration.
    (c) The preceding subsections of this section shall not apply with 
respect to any grievance concerning--
        (1) any claimed violation of subchapter III of chapter 73 of 
    this title (relating to prohibited political activities);
        (2) retirement, life insurance, or health insurance;
        (3) a suspension or removal under section 7532 of this title;
        (4) any examination, certification, or appointment; or
        (5) the classification of any position which does not result in 
    the reduction in grade or pay of an employee.

    (d) An aggrieved employee affected by a prohibited personnel 
practice under section 2302(b)(1) of this title which also falls under 
the coverage of the negotiated grievance procedure may raise the matter 
under a statutory procedure or the negotiated procedure, but not both. 
An employee shall be deemed to have exercised his option 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 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 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.
    (e)(1) Matters covered under sections 4303 and 7512 of this title 
which also fall within the coverage of the negotiated grievance 
procedure may, in the discretion of the aggrieved employee, be raised 
either 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 
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 be obtained of a final 
decision in such matters raised under applicable appellate procedures.
    (g)(1) This subsection applies with respect to a prohibited 
personnel practice other than a prohibited personnel practice to which 
subsection (d) applies.
    (2) An aggrieved employee affected by a prohibited personnel 
practice described in paragraph (1) may elect not more than one of the 
remedies described in paragraph (3) with respect thereto. For purposes 
of the preceding sentence, a determination as to whether a particular 
remedy has been elected shall be made as set forth under paragraph (4).
    (3) The remedies described in this paragraph are as follows:
        (A) An appeal to the Merit Systems Protection Board under 
    section 7701.
        (B) A negotiated grievance procedure under this section.
        (C) Procedures for seeking corrective action under subchapters 
    II and III of chapter 12.

    (4) For the purpose of this subsection, a person shall be considered 
to have elected--
        (A) the remedy described in paragraph (3)(A) if such person has 
    timely filed a notice of appeal under the applicable appellate 
    procedures;
        (B) the remedy described in paragraph (3)(B) if such person has 
    timely filed a grievance in writing, in accordance with the 
    provisions of the parties' negotiated procedure; or
        (C) the remedy described in paragraph (3)(C) if such person has 
    sought corrective action from the Office of Special Counsel by 
    making an allegation under section 1214(a)(1).

    (h) Settlements and awards under this chapter shall be subject to 
the limitations in section 5596(b)(4) of this title.

(Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat. 
1211; amended Pub. L. 103-424, Sec. 9, Oct. 29, 1994, 108 Stat. 4365; 
Pub. L. 105-261, div. A, title XI, Sec. 1104(b), Oct. 17, 1998, 112 
Stat. 2142.)


                               Amendments

    1998--Subsec. (h). Pub. L. 105-261 added subsec. (h).
    1994--Subsec. (a)(1). Pub. L. 103-424, Sec. 9(c), substituted ``(d), 
(e), and (g)'' for ``(d) and (e)'' and inserted ``administrative'' after 
``exclusive''.
    Subsec. (b). Pub. L. 103-424, Sec. 9(a), designated existing 
provisions as par. (1) and redesignated former pars. (1) to (3) as 
subpars. (A) to (C), respectively, and subpars. (A) to (C) of former 
par. (3) as cls. (i) to (iii) of subpar. (a)(1)(C), respectively, and 
added par. (2).
    Subsec. (g). Pub. L. 103-424, Sec. 9(b), added subsec. (g).


    Partial Suspension of Federal Service Labor-Management Relations

    Subsec. (b)(3)(C) of this section suspended with respect to any 
grievance involving the implementation by the United States Forces of 
any treaty or agreement, including any minutes or understandings 
thereto, between the United States and the Government of the host 
nation, see section 1(d) of Ex. Ord. No. 12391, Nov. 4, 1982, 47 F.R. 
50457, set out as a note under section 7103 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 7116, 7122 of this title; 
title 2 section 1351; title 22 section 3701.
