Labor Relations
GSFC-GESTA Collective Bargaining Agreement
Article 29 Equal Employment Opportunity
SECTION 29.01 The parties agree to work together to assure that all employees are given equal opportunity in all employment and personnel practices without regard to race, color, religion, age, national origin, sex, or physical or mental disability as required by law or regulation. Both parties agree that discrimination based on sexual orientation or marital status will not be tolerated at the Center. Discrimination based on either of the above factors is a prohibited personnel practice under Title 5 United States Code, Chapter 2302(b)(10).
SECTION 29.02 Management agrees to inform GESTA of any changes in Equal Employment Opportunity (EEO) policies, programs and affirmative action plans which involve or affect employees in the Units. GESTA assistance, suggestions, and views shall be solicited in developing or revising EEO plans. GESTA shall be given copies of the Center's Affirmative Action Plan and any supplemental EEO plans which are developed for directorates where Unit employees are assigned. Upon request, GESTA shall be provided statistical data routinely maintained in the Equal Opportunity Program Office.
SECTION 29.03 GESTA may submit nominations for prospective EEO counselors at the Center. Any candidate nominated must subsequently meet the qualifications criteria established by OPM prior to appointment as a counselor. The use of a GESTA nominee as an EEO counselor shall in no way interfere with the right of employees in the Units to consult with a counselor of their own choosing.
SECTION 29.04 Employees who file EEO complaints shall be entitled to have a GESTA representative or any other representative of their own choosing assist and/or represent them in presenting and pursuing the complaint.
SECTION 29.05 Management shall inform GESTA of all EEO complaints; informal complaints by statistics and formal complaints by name and, with the employee's consent, by category of complaint, e.g., race and/or sex consistent with applicable laws and regulations. Management shall inform GESTA of the date of formal EEO hearings five (5) workdays in advance of such hearings. However, it is understood that GESTA has no role or input in the processing or settlement of individual complaints unless it has been designated as the representative of the complainant. (See Appendix A)
SECTION 29.06 An aggrieved employee having a complaint of discrimination shall have the right of review as set forth in the Civil Rights Act as amended and the Rehabilitation Act as amended.
SECTION 29.07 Management agrees to treat matters of sexual harassment in accordance with the rules, regulations and guidelines promulgated by the Equal Employment Opportunity Council. Management will continue to circulate an annual notice to employees stressing the importance of maintaining an environment free from sexual harassment.
SECTION 29.08 GESTA may appoint a representative to each of the Center's EEO Advisory Groups.
