If you allege that the above personnel action is being taken against you because of reprisal for whistle blowing activity; you may elect one of the following remedies:

1) You may file an appeal to the MSPB (5 U.S.C. §7701);2) If you are a bargaining unit employee, you may file an appeal through an

applicable negotiated grievance procedure (5 U.S.C. §712l(d)); or,3) You may seek cmTective action under subchapters II and III of 5 U.S.C. Chapter

_ _ _ _ _ _ _ _ _ 1_2_,___, by filing a complaint with the Office of Special Counsel (OSC) (5 U.S. _C_. _ _ _ _ _ _ __,_§ 1214). After a complaint is filed with OSC, you may file an Individual Right ofAction (IRA) appeal with the MSPB (5 U.S.C. §1221).

PLEASE READ CAREFULLY BEFORE CHOOSING AN OPTION:

If you choose option 3 above, i.e., to first seek conective action by filing a complaint with OSC, your subsequent appeal to the MSPB will be deemed an IRA appeal. Pursuant to 5 C.F.R. § 1209.2, you will be limited to the rights associated with an IRA appeal. Specifically, the MSPBwill only consider whether you have demonstrated that one or more whistle blowing disclosureswas a contributing factor in the Agency taking this personnel action against you, and if so,whether the Agency has demonstrated by clear and convincing evidence that it would have takenthis personnel action in the absence of the protected disclosure(s). You may not raise affirmativedefenses other than reprisal for whistleblowing activities, such as claims of discrimination orhaimful procedural e1rnr.

An election will be deemed to have been made based upon which of the three actions above is filed first.

Attachment - SF - 8

{JPM;_,_ d ile°'°(hConnie L. Delaney 0 Acting Human Capital Officer

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