---
kind: "section"
citation: "5 C.F.R. § 752.405"
title: "5"
number: "752.405"
heading: "Appeal and grievance rights."
url: "https://uscodex.org/cfr/5/752.405"
---

# §752.405. Appeal and grievance rights.

- (a) **Appeal rights.** Under the provisions of [5 U.S.C. 7513(d)](/usc/5/7513.md?p=d), an employee against whom an action is taken under this subpart is entitled to appeal to the Merit Systems Protection Board. Employees listed under [§ 752.401(d)](/cfr/5/752.401.md?p=d) may not appeal to the Merit Systems Protection Board under this section, irrespective of whether they or their positions were previously covered by this subpart.
- (b) **Grievance rights.** As provided at [5 U.S.C. 7121(e)(1)](/usc/5/7121.md?p=e-1), if a matter covered by this subpart falls within the coverage of an applicable negotiated grievance procedure, an employee may elect to file a grievance under that procedure or appeal to the Merit Systems Protection Board under [5 U.S.C. 7701](/usc/5/7701.md), but not both. Sections [7114(a)(5)](/usc/5/7114.md?p=a-5) and [7121(b)(1)(C)](/usc/5/7121.md?p=b-1-C) of title 5, U.S. Code, and the terms of an applicable collective bargaining agreement, govern representation for employees in an exclusive bargaining unit who grieve a matter under this subpart through the negotiated grievance procedure.

## Notes

### Amendments

[74 FR 63532, Dec. 4, 2009, as amended at 91 FR 5657, Feb. 6, 2026]

### Authority

Authority: 5 U.S.C. 6329b, 7504, 7514, 7515, and 7543; 38 U.S.C. 7403. E.O. 10577, 19 FR 7521, 3 CFR, 1954-1958 Comp., p. 218. Link to an amendment published at 91 FR 49115, Aug. 3, 2026.

### Source

Source: 74 FR 63532, Dec. 4, 2009, unless otherwise noted.

### Amendments

[74 FR 63532, Dec. 4, 2009, as amended at 91 FR 5657, Feb. 6, 2026]