§ 29.8 - Filing a charge with the General Counsel.  


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  • (a) Who may file. Any employee of the Architect of the Capitol who claims that he or she has been subjected to unlawful discrimination or retaliation (as defined in § 29.3) may file a charge with the Board's General Counsel. One or more employees may file a charge as representative of a class of employees of the Architect of the Capitol.

    (b) When to file. A charge by an employee of the Architect of the Capitol must be filed at either of the following times:

    (1) Within 30 days after the receipt of a final decision by the Architect of the Capitol on the employee's internal complaint of discrimination or retaliation; or

    (2) At any time after the passage of 150 days following the filing of an internal complaint of discrimination or retaliation, if the Architect of the Capitol has not yet issued a final decision on the internal complaint.

    (c) How to file. Charges may be filed with the General Counsel 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 charge may be filed in person at the Office of the General Counsel, Suite 580, Union Center Plaza II, 820 First St. NE., Washington, DC.

    (2) Filing by mail: A charge may be filed by mail addressed to the General Counsel, Personnel Appeals Board, Suite 580, Union Center Plaza II, 441 G Street, NW., Washington, DC 20548. When filed by mail, the postmark shall be date of filing for all submissions to the General Counsel.

    (d) What to file. The charge should include the following information:

    (1) Name, address, and telephone number of the charging party. In the case of a class action, a clear description of the class of employees on whose behalf a charge is filed;

    (2) The names and titles of persons, if any, responsible for actions the charging party wishes to have the General Counsel review;

    (3) The actions complained about, including dates and reason given;

    (4) The charging party's reasons for believing that the actions taken constitute unlawful discrimination;

    (5) Remedies sought by the charging party;

    (6) Information concerning the charging party's exhaustion of administrative remedies before the Architect of the Capitol, including the date the internal complaint of discrimination was filed and, if applicable, the date on which the employee received a final decision from the Architect of the Capitol on his or her complaint of discrimination;

    (7) Name and address of the representative, if any, who will act for the charging party;

    (8) Signature of the charging party or the charging party's representative.

    (e) Attorney fees only issue raised. The General Counsel shall not represent the petitioner when the only issue raised is attorney fees. When attorney fees are the only issue raised in a charge to the General Counsel, the General Counsel shall transmit the charge to the Board for processing as a petition for review.