Labor Relations
GSFC-GESTA Collective Bargaining Agreement
Article 15 Adverse or Disciplinary Actions
SECTION 15.01 The parties agree that disciplinary actions may be necessary to promote the efficiency of the Service. Such actions may be taken only for just and sufficient cause. Employees may be disciplined informally through warnings or oral admonishments or through formal actions ranging from written reprimands to adverse actions including: suspension for fourteen (14) days or less, suspension for more than fourteen (14) days, reduction in grade or pay, or removal. The parties hereby recognize that the Civil Service Reform Act eliminated the concept of reduction in rank as a disciplinary or adverse action.
SECTION 15.02 Prior to initiating an adverse or disciplinary action, the responsible Management official will review or investigate and document the allegations to determine if there is sufficient cause to proceed with the action. Management shall ensure that disciplinary or adverse actions are reasonable and appropriate to the circumstances.
SECTION 15.03 In the event of any examination of an employee by a representative of Management in connection with an investigation, GESTA shall be given the opportunity to be present at such examination if:
a. the employee reasonably believes that the examination may result in disciplinary action against the employee; and
b. the employee requests representation.
As long as it does not unreasonably delay the investigation, the employee shall be granted reasonable time to consult with his/her designated representative before the scheduled examination.
SECTION 15.04 Before a formal reprimand may be issued to an employee the Management official having authority to issue the reprimand shall meet and discuss the matter with the employee. Prior to the meeting, the employee will be advised of the subject matter and the reasons for considering the reprimand and his/her right to GESTA representation in addition to the opportunity to review the evidence relied upon. At the meeting the employee shall be permitted to present
information and explanations to rebut the allegation. After considering the facts, the Management official will take one of the following actions:
a. If the facts of the case do not support the allegation, the employee shall be notified orally of such decision and advised that the matter is considered closed.
b. If the facts of the case support the allegation, but it is believed a written reprimand is not necessary to correct the situation, the matter may be concluded by a discussion with the employee. During the discussion the employee may be orally admonished and warned that in any future case stronger action may be required.
c. If the facts of the case support the allegation, and a written reprimand is deemed sufficient to correct the situation, the employee shall be notified of the decision by a written reprimand. The letter of reprimand will contain, at a minimum, the following information:
1. the reason(s) for the reprimand, a summary of the explanation, and conclusions;
2. the time limit for filing a grievance and where information can be obtained about the Negotiated Grievance Procedure; and
3. the time period during which the reprimand will be retained in the employee's Official Personnel Folder (OPF) is six (6) months unless there is a repetitious act or similar offense during that six months. In this event, the original reprimand may be retained until the subsequent action(s) are removed from the OPF.
d. If the facts of the case support the allegation, but it is believed a letter of reprimand is not sufficient to correct the situation, stronger formal disciplinary action may be initiated in accordance with Section 15.05 below, as appropriate.
SECTION 15.05 An employee against whom a suspension for fourteen (14) days or less is proposed is entitled to:
a. an advance written notice stating the specific reasons for the proposed action;
b. an opportunity to review the material which Management is relying upon to support the reasons for the proposed suspension;
c. a reasonable time to answer orally and/or in writing, and to furnish affidavits and other documentary evidence in support of the answer. The number of days to answer will be specified in the notice of proposed action, and a request for an extension will be considered and not unreasonably withheld if a request is properly filed in writing prior to the end of that specified period;
d. notice of the right to be represented by GESTA, an attorney, or other representative; and
e. a written decision and the specific reasons therefore at the earliest practicable date.
SECTION 15.06 An employee against whom one of the following actions is proposed is entitled to those rights afforded by Title 5 United States Code (USC) 7513:
a. a removal;
b. a suspension for more than fourteen (14) days;
c. a reduction in grade;
d. a reduction in pay; or
e. a furlough of thirty (30) days or less. (Although furloughs are not disciplinary actions, they are processed as an adverse action under Title 5 USC 7512.)
In any of the above situations, the employee shall be advised of his/her right to be represented by GESTA or other representative.
This Section does not apply to:
a. a suspension or removal under Title 5 USC 7532;
b. a reduction in force action under Title 5 USC 3502;
c. a reduction in grade or removal under Title 5 USC 4303; or
d. an action initiated under Title 5 USC 1215.
SECTION 15.07 Management recognizes the right of employees to be represented by GESTA or other representative of their choosing at any stage of an adverse or disciplinary action, grievance, or related appeal. In any situation where an employee elects to be represented, Management will be advised in writing as to the designated representative. Copies of all correspondence to the employee concerning the matter will be provided to the designated representative.
SECTION 15.08 The responsible Management official shall carefully consider the employee's answer to the proposed action and will inform the employee and his/her designated representative of the decision prior to the effective date of any formal action. If the decision is to effect the adverse action, the employee shall be advised of his/her grievance or appeal rights. Adverse actions effected against an employee and referenced in this Agreement are appealable through the Negotiated Grievance Procedure (Article 16) of this Agreement to the extent authorized by that procedure. An affected employee has an alternate but not duplicate avenue of appeal to the Merit Systems Protection Board (MSPB) with respect to those adverse actions referenced in Section 15.06 of this Article. Section 7701 of Title 5 USC sets forth procedures for appeal to the MSPB.
SECTION 15.09 In cases where Unit employees elect not to be represented by GESTA, Management agrees to notify GESTA of all adverse or disciplinary actions effected for those employees in accordance with Article 8, Section 8.03g of this Agreement. This information will be provided in accordance with the Privacy Act and will not include the name of the employee or the basis for the action. In such cases, GESTA will be permitted to have an observer present at any adverse or disciplinary action hearing if such hearing is provided for by Management in accordance with Title 5 USC 7513, unless the appellant objects on the grounds of personal privacy and the hearing officer determines that such objection is valid. If otherwise in a duty status, the observer will be on official time.
SECTION 15.10 Management agrees that an employee and his/her representative in presenting an appeal shall be free from restraint, interference, coercion, discrimination or reprisal.
SECTION 15.11 Issues which can properly be raised under an appeals procedure may not be raised as unfair labor practices prohibited under Section 7116 of Title 5, USC. Except for matters for which an employee has an option of using the Negotiated Grievance Procedure (Article 16) of this Agreement or an appeals procedure, issues which can be raised under the Negotiated Grievance Procedure may, at the discretion of the aggrieved party, be raised under the Negotiated Grievance Procedure or as an unfair labor practice, but not under both procedures.
SECTION 15.12 In accordance with the provisions of the NASA Plan for a Drug-Free Workplace, a Unit employee who admits voluntarily to the use of illegal drugs, is rehabilitated, and remains drug-free is exempted from disciplinary or adverse actions for past drug use.
SECTION 15.13 In the event of a dispute over representation rights at an examination (see Section 15.03 of this Article), the matter will be referred to the Labor Relations Officer for good faith discussions with GESTA in an attempt to resolve the matter. These discussions will not unreasonably delay the examination.
