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Title 10 Part 850 → Subpart A → §850.5

Title 10 → Chapter III → Part 850 → Subpart A → §850.5

Electronic Code of Federal Regulations e-CFR

Title 10 Part 850 → Subpart A → §850.5

e-CFR data is current as of September 19, 2019

Title 10Chapter IIIPart 850Subpart A → §850.5


Title 10: Energy
PART 850—CHRONIC BERYLLIUM DISEASE PREVENTION PROGRAM
Subpart A—General Provisions


§850.5   Dispute resolution.

(a) Subject to paragraphs (b) and (c) of this section, any worker who is adversely affected by an action taken, or failure to act, under this part may petition the Office of Hearings and Appeals for relief in accordance with 10 CFR part 1003, Subpart G.

(b) The Office of Hearings and Appeals may not accept a petition from a worker unless the worker requested the responsible employer to correct the violation, and the responsible employer refused or failed to take corrective action within a reasonable time.

(c) If the dispute relates to a term or condition of employment that is covered by a grievance-arbitration provision in a collective bargaining agreement, the worker must exhaust all applicable grievance-arbitration procedures before filing a petition for relief with the Office of Hearings and Appeals. A worker is deemed to have exhausted all applicable grievance-arbitration procedures if 150 days have passed since the filing of a grievance and a final decision on it has not been issued.