Tuesday, February 03, 2015

OSC Exhaustion

Exhaustion

Under 5 U.S.C. § 1214(a)(3), an employee is required to seek corrective action from OSC before seeking corrective action from the Board. Baldwin, 113 M.S.P.R. 469, ¶ 8. The Board may only consider those disclosures of information and personnel actions that the appellant raised before OSC. Id. To satisfy the exhaustion requirement, the appellant must inform OSC of the precise ground of his charge of whistleblowing, giving OSC a sufficient basis to pursue an investigation that might lead to corrective action. Kukoyi v. Department of Veterans Affairs, 111 M.S.P.R. 404, ¶ 13 (2009). An appellant may demonstrate exhaustion through his initial OSC complaint, evidence that he amended the original complaint, including but not limited to OSC’s determination letter and other letters from OSC referencing any amended allegations, and the appellant’s written responses to OSC referencing the amended allegations. Id

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