Election of remedies.
The institution of a civil action pursuant to § 1-615.54 shall preclude an employee from pursuing any administrative remedy for the same cause of action from the Office of Employee Appeals or from an arbitrator pursuant to a negotiated grievance and arbitration procedure or an employment contract. An employee may bring a civil action pursuant to § 1-615.54 if the aggrieved employee has had a final determination on the same cause of action from the Office of Employee Appeals or from an arbitrator pursuant to a negotiated grievance and arbitration procedure or an employment contract. Except as provided in subsections (a) and (b) of this section, nothing in this subchapter shall diminish the rights and remedies of an employee pursuant to any other federal or District law.
Annotations
Mar. 3, 1979, D.C. Law 2-139, § 1556 as added Oct. 7, 1998, D.C. Law 12-160, § 102(c), 45 DCR 5147 Apr. 12, 2000, D.C. Law 13-91, § 109(b), 47 DCR 520 Mar. 11, 2010, D.C. Law 18-117, § 2(e), 57 DCR 896 For temporary addition of subchapter, see note to § 1-615.51. D.C. Law 18-117, in subsec. (b), substituted “An employee may bring a civil action” for “No civil action shall be brought”. D.C. Law 13-91 validated a previously made technical amendment in subsec. (c). 1981 Ed., § 1-616.16.
Sourced from the DC Council Open Law Library (public domain).
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