Equal Employment Opportunity (Eeo) Policy And Program Administration Form Sample Page 47

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VA MEDICAL CENTER
POLICY MEMORANDUM 00-307
BRONX, NEW YORK 10468
July 24, 2003
APPENDIX A
MATTERS EXCLUDED FROM COVERAGE
The following actions and complaints are excluded from coverage under the administrative
grievance procedure:
1. The content of published agency regulations and policy. An employee's allegation that
locally established policy is in conflict with existing agency policy or regulations may be handled
as indicated in paragraph 4(E)(3) of this Policy Memorandum.
2. A decision that is appealable to the MSPB (Merit Systems Protection Board) or subject to
final administrative review by the OPM (Office of Personnel Management), the FLRA (Federal
Labor Relations Authority), or the OWCP (Office of Workers' Compensation Programs) under law
or regulations of the OPM, FLRA, or the OWCP; or any other matter for which final
administrative authority lies outside the VA.
3. Allegations of discrimination on the basis of race, color, religion, sex, national origin, age,
or handicap, in connection with any decision or action. Such allegations may only be pursued as
complaints of discrimination, pursuant to regulations of the Equal Employment Opportunity
Commission.
4. Nonselection for promotion from a group of properly ranked and certified candidates or
failure to receive a non-competitive promotion.
5. A preliminary warning notice of an action that, if effected, would be covered under a
grievance or appeal system or excluded from coverage by paragraph 2 of this Appendix.
6. An action that terminates a temporary promotion within a maximum period of 2 years and
returns the employee to the position from which the employee was temporarily promoted, or
reassigns or demotes the employee to a different position that is not at a lower grade and pay than
the position from which the employee was temporarily promoted.
7. An action that terminates a term promotion at the completion of the project or specified
period, or at the end of a rotational assignment, and returns the employee to the position from
which promoted or to a different position of equivalent grade and pay in accordance with 5 CFR
335.102 (g).
8. The content of the critical elements and performance standards of an employee's position.
9. Nonadoption of a suggestion or disapproval of a quality step increase, performance award,
or other kind of discretionary award.
10. The termination of an employee serving a probationary or trial period after initial
appointment for unsatisfactory performance or conduct.
11. A return of any employee from an initial appointment as a supervisor or manager to a
nonsupervisory or nonmanagerial position for failure to satisfactorily complete the probationary
period.
12. Relief specified that is not personal to the grievant or is not subject to the control of
management.
13. A grievance over a matter covered by a negotiated grievance procedure.
14. A grievance of an individual from outside the VA.
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