§ 351.901 Right to appeal

5 CFR 351.901(a)(a) Right of appeal. An employee who has been furloughed for more than 30 days, separated, or demoted by a reduction-in-force action taken under this part may appeal that action to OPM.

5 CFR 351.901(b)(b) Burden of proof. The employee (i.e., appellant) bears the burden of proof to demonstrate, by a preponderance of the evidence:

5 CFR 351.901(b)(1)(1) The timeliness of the written appeal;

5 CFR 351.901(b)(2)(2) That OPM possesses jurisdiction over the appeal;

5 CFR 351.901(b)(3)(3) That the agency failed to comply with an applicable statute or OPM regulation governing reduction-in-force actions under this part; and

5 CFR 351.901(b)(4)(4) That the failure prejudiced the appellant by causing the appellant to be subjected to the appealed action or to lose a materially more favorable outcome under this part.

5 CFR 351.901(c)(c) Exclusive appeal procedure.

5 CFR 351.901(c)(1)(1) The procedures in this subpart are the sole and exclusive means of appealing a reduction-in-force action taken under this part.

5 CFR 351.901(c)(2)(2) A reduction-in-force action taken under this part, and any matter relating to an appeal of such an action, may not be raised under a negotiated grievance procedure or contested through grievance arbitration.

5 CFR 351.901(c)(3)(3) Paragraphs (c)(1) and (2) of this section do not preclude an employee from filing a complaint, appeal, or other matter within the independent jurisdiction of the Equal Employment Opportunity Commission, an Inspector General, the Merit Systems Protection Board, the Department of Labor Veterans' Employment and Training Service, or the Office of Special Counsel.

5 CFR 351.901(c)(4)(4) A party cannot obtain judicial review of a decision under this subpart.