§ 29.10 - Filing a petition for review with the Board.  


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  • (a) Who may file. A petition for review may be filed with the Board by any employee of the Architect of the Capitol who has received a Right to Appeal Letter from the General Counsel and who is claiming to have been subjected to unlawful discrimination or retaliation as described in § 29.3.

    (b) When to file. Petitions for review must be filed within 30 days after service upon the charging party of the Right to Appeal Letter from the General Counsel.

    (c) How to file. Petitions for review may be filed in person or by mail. Please note that the address to be used differs for the two kinds of filing.

    (1) Filing in person: A petition may be filed in person at the office of the Board, Suite 560, Union Center Plaza II, 820 First Street NE., Washington, DC.

    (2) Filing by mail: A petition may be filed by mail addressed to the Personnel Appeals Board, Suite 560, Union Center Plaza II, 441 G Street, NW., Washington DC 20548. When filed by mail, the postmark shall be the date of filing for all submissions to the Board.

    (d) What to file. The petition for review shall include the following information:

    (1) The name, address, and telephone number of the petitioner. In the case of a class action, a clear description of the class of employees on whose behalf the petition is being filed;

    (2) The names and titles of persons, if any, responsible for the actions the petitioner wishes to have the Board review;

    (3) The actions being complained about including dates and reasons given;

    (4) Petitioner's reasons for believing that the actions constituted unlawful discrimination or retaliation;

    (5) Remedies sought by petitioner;

    (6) Information concerning petitioner's exhaustion of administrative remedies before the Architect of the Capitol, including the date that an internal complaint of discrimination or retaliation was filed and the date, if applicable, that the petitioner received a final decision from the Architect of the Capitol;

    (7) Name, address, and telephone number of the representative, if any, who will act for the petitioner;

    (8) Signature of the petitioner or the petitioner's representative.

    (e) Amendments to a petition for review. Failure to raise a claim in the petition for review shall not bar its submission later unless to do so would prejudice the rights of the other parties or unduly delay the proceedings.

    (f) Class Actions. One or more employees of the Architect of the Capitol may file a petition for review as representatives of a class of employees in any matter within the Board's jurisdiction as set forth in § 29.3. In determining whether it is appropriate to treat an appeal as a class action, the Board will be guided, but not controlled, by the applicable provisions of the Federal Rules of Civil Procedure.