When an agency issues a decision notice to an employee on a matter that is appealable to the Board, the agency must provide the employee with the following:
(a) Notice of the time limits for appealing to the Board, the requirements of § 1201.22(c), and the address of the appropriate Board office for filing the appeal;
(b) A copy, or access to a copy, of the Board's regulations;
(c) A copy, or access to a copy, of the MSPB appeal form available at the Board's Web site (http://www.mspb.gov), and
(d) Notice of any right the employee has to file a grievance or seek corrective action under subchapters II and III of 5 U.S.C. chapter 12, including:
(1) Whether the election of any applicable grievance procedure will result in waiver of the employee's right to file an appeal with the Board;
(2) Whether both an appeal to the Board and a grievance may be filed on the same matter and, if so, the circumstances under which proceeding with one will preclude proceeding with the other, and specific notice that filing a grievance will not extend the time limit for filing an appeal with the Board;
(3) Whether there is any right to request Board review of a final decision on a grievance in accordance with § 1201.155 of this part; and
(4) The effect of any election under 5 U.S.C. 7121(g), including the effect that seeking corrective action under subchapters II and III of 5 U.S.C. chapter 12 will have on the employee's appeal rights before the Board.
(e) Notice of any right the employee has to file a complaint with the Equal Employment Opportunity Commission or to grieve allegations of unlawful discrimination, consistent with the provisions of 5 U.S.C. 7121(d) and 29 CFR 1614.301 and 1614.302.
(f) The name or title and contact information for the agency official to whom the Board should send the Acknowledgment Order and copy of the appeal in the event the employee files an appeal with the Board. Contact information should include the official's mailing address, email address, telephone and fax numbers.
[74 FR 9343, Mar. 4, 2009, as amended at 77 FR 62364, Oct. 12, 2012; 78 FR 21518, Apr. 11, 2013]
Notes of Decisions
Charles Clark v. United States Postal Serv., 989 F.2d 1164 (Fed. Cir. 1993).
· cites it 6× “21 , which generally requires an agency to give an employee notice of his or her appeal rights “on a matter that is appealable to the Board,” required the Postal Service to give him notice in this case. As mentioned above, at the time the agency would have given Mr.”
Michelle Kaszowski v. Dep't of the Air Force, 2023 MSPB 15 (MSPB 2023).
· cites it 4× “See 5 C.F.R. § 1201.21 (d)(1). In particular, when an agency issues a decision notice to an employee on a matter that is appealable to the Board, the agency must provide the employee with, among other things, notice of any right the employee has to file a grievance or seek…”
Diane C. Shiflett v. United States Postal Serv., 839 F.2d 669 (Fed. Cir. 1988).
· cites it 5× “308 (a), nor did it give petitioner notice of her appeal rights to the Board as required by 5 C.F.R. § 1201.21 . In fact, the denial letter did not in any way mention a possible appeal by petitioner nor advise her how to go about it.”
Carlton A. Walls v. Merit Sys. Prot. Bd., 29 F.3d 1578 (Fed. Cir. 1994).
· cites it 2× “” 5 C.F.R. § 1201.21 (a), (e) (1993). An employee wishing to appeal an agency removal action must file the appeal “during the period beginning on the day after the effective date of the action .”
Albert I. Yuni v. Merit Sys. Prot. Bd., 784 F.2d 381 (Fed. Cir. 1986).
· cites it 2× “Yuni was not advised of his right to appeal to the Board, as required by 5 C.F.R. § 1201.21 : § 1201.21 Notice of appeal rights.”
Williams v. Merit Sys. Prot. Bd., 89 F. App'x 714 (Fed. Cir. 2004).
· cites it 4× “The Board explained that the letters issued by DOL in VEOA cases are not “decision notices” within the meaning of 5 C.F.R. § 1201.21 (a), which requires an agency to provide notification of appeal rights when the agency “issues a decision notice to an employee on a matter that…”
Alfred O. Wallace v. Merit Sys. Prot. Bd., 728 F.2d 1456 (Fed. Cir. 1984).
“5 C.F.R. § 1201.21 (a). It is immaterial whether we place the blame for the failure of the MSPB to receive the appeal on the agency for providing an out of date address, on the MSPB if it failed to give a forwarding address, or on the Post Office for failure to forward MSPB mail.”
Aurora L. Gonzalez v. Dep't of Transp. (Fed. Aviation Admin.), 701 F.2d 36 (Fed. Cir. 1983).
· cites it 2× “21 of the applicable regulations, 5 C.F.R. § 1201.21 , provides that, [w]hen an agency issues a decision notice to an employee on a matter appealable to the Board the agency shall provide: ****** (b) A copy of the Board’s regulations; ****** (d) Notice of any applicable rights…”
George P. Edgerton v. Merit Sys. Prot. Bd., 768 F.2d 1314 (Fed. Cir. 1985).
“We note here that the regulation, 5 C.F.R. § 1201.21 , “Notice of Appeal Rights,” does not speak to a case of alleged forced resignation.”
Ladrido v. Merit Sys. Prot. Bd., 248 F. App'x 184 (Fed. Cir. 2007).
· cites it 2× “Foremost among these was the agency’s failure to comply with all the requirements of 5 C.F.R. § 1201.21 in providing Ladrido with notice of his appeal rights.”
Tatum v. Merit Sys. Prot. Bd., 482 F. App'x 554 (Fed. Cir. 2012).
“As discussed previously, this is incorrect: Tatum could also timely file within 30 days of the receipt of his removal decision and appeal rights, even if this was more than 30 days from the decision’s effective date.”
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