(a)Appeal rights. Under the provisions of 5 U.S.C. 7513(d) , an employee against whom an action is taken under this subpart is entitled to appeal to the Merit Systems Protection Board. (b)Grievance rights. As provided at 5 U.S.C. 7121(e)(1) , if a matter covered by this subpart falls within the coverage of an applicable negotiated grievance procedure, an employee may elect to file a grievance under that procedure or appeal to the Merit Systems Protection Board under 5 U.S.C. 7701 , but not both.