Section 1-615.56 - Election of remedies

Election of remedies

(a) 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.

(b) 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.

(c) 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.

CREDIT(S)

(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.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., § 1-616.16.
Effect of Amendments
D.C. Law 13-91 validated a previously made technical amendment in subsec. (c).
D.C. Law 18-117, in subsec. (b), substituted “An employee may bring a civil action” for “No civil action shall be brought”.
Emergency Act Amendments
For temporary addition of subchapter, see note to § 1-615.51.
Legislative History of Laws
For legislative history of D.C. Law 12-160, see Historical and Statutory Notes following § 1-602.01.
For Law 13-91, see notes following § 1-602.03.
For Law 18-117, see notes following § 1-615.52.

Current through September 13, 2012