With no explanation, chose the best option from "A", "B", "C" or "D". can proceed with his Bivens-type action because he has no effective administrative remedy, I do not hold that the Government is to be held liable for the union’s decision not to arbitrate. Where the administrative system leaves a federal employee only one avenue to provide redress for a violation of his constitutional rights, and that avenue can be cut off by someone other than the employee himself, then no effective avenue of administrative remedy exists. “The central features of the Congressional remedial system in Bush and of the alternative Bivens remedy are the right to a forum in which to establish a constitutional violation and the right to enforce significant relief if a violation is shown. Neither feature exists [here]”. Kotarski v. Cooper, 799 F.2d 1342 (9th Cir.1986) (<HOLDING>). The eleven day suspension did not constitute

A: holding that a probationary employee who could not use the grievance procedure nor reach the merit systems protection board was not barred by bush from bringing a bivenstype action
B: holding that an ineffective grievance procedure bars employers defense based on that procedure
C: holding that employee did not invoke grievance procedure where he never mentioned the word grievance to the union and where he never asked the union to take any action on his behalf
D: holding that because plaintiffs were reasonable in interpreting defendants grievance procedure to apply only to active employees plaintiffs did not act in bad faith when they alleged that no applicable grievance procedure existed
A.