| Grievances, misunderstandings, and/or complaints can arise in almost any work situation. When an employee finds himself/herself in a situation, such as those identified below, and believes he/she is not being treated reasonably and fairly, the employee may pursue resolution through one of the following processes or organizations:
AGENCY
An allegation of discrimination based on race, color, religion, sex (including sexual harassment), national origin, disability, or age. An employee alleging discrimination based on sexual orientation must use the grievance procedure. An employee in a bargaining unit must follow the provisions in the collective bargaining agreement which, typically, allow him/her to choose either the negotiated grievance procedure or the NASA discrimination complaint process but not both.
Any workplace problem, including minor discipline (up to a 14-day suspension), under the control of NASA management, except in cases where there is an allegation of discrimination (see above). An employee in a bargaining unit must use the negotiated grievance procedure.
An allegation of crime, fraud, waste, abuse, and/or mismanagement of Agency programs and operations. To report such incidents, an employee may contact the NASA OIG by using the Hotline (800/424-9183), visiting the local OIG, or writing to the NASA Office of Inspector General, P.O. Box 23089, L’Enfant Plaza Station, Washington, DC 20026.
THIRD PARTY
An allegation of a violation of any law or regulation, particularly the Uniformed Services Employment and Reemployment Rights Act (USERRA), relating to veterans’ preference. If DOL is unable to resolve the matter, a veteran may then appeal to the Merit Systems Protection Board (MSPB) (see below). If the allegation is based on an agency’s violation of employment or reemployment rights, a veteran may appeal to the MSPB or file a complaint with DOL; if a complaint is first filed with DOL, that agency’s procedure must be exhausted before appealing to the MSPB.
A charge of discrimination based on race, color, religion, sex, national origin, disability, or age. An employee or applicant must first file a complaint with the Agency.
An Agency’s adverse action such as a removal, a suspension of more than 14 days, or a reduction in grade or pay. If an employee alleges discrimination in addition to the adverse action, the employee may file with the MSPB or through the NASA discrimination complaint process, but not both. An employee in a bargaining unit must follow the provisions in the collective bargaining agreement which, typically, allow him/her to choose either the negotiated grievance procedure or MSPB, but not both.
A position classification appeal by a General Schedule (GS) employee or a job grading appeal by a Federal Wage System (FWS) employee of the grade, occupational series, title, and/or pay system (from GS to FWS or vice versa) of the position (www.opm.gov/classapp/main.htm); OR a claim by an employee challenging the correctness of his/her exemption status or concerning his/her entitlement to minimum wage or overtime pay for work performed under the Fair Labor Standards Act (FLSA) (www.opm.gov/flsa/index.htm). An employee in a bargaining unit must use the negotiated grievance procedure unless the collective bargaining agreement specifically excludes matters under the FLSA.
An allegation of a prohibited personnel practice (www.osc.gov/ppp.htm), especially reprisal for whistle blowing (http://www.osc.gov/wbdisc.htm) a disclosure of information about various workplace improprieties such as violations of law, rule, or regulation; gross mismanagement/waste of funds; abuse of authority; or substantial danger to public health or safety; a request for an opinion regarding the Hatch Act (political activity) (www.osc.gov/hatchact.htm). Employees may, after going to the OSC, appeal to the MSPB even if the action involved is not one that would ordinarily be reviewed by the MSPB. An employee in a bargaining unit alleging a prohibited personnel practice may choose to file an OSC complaint, a MSPB appeal, or a grievance under the collective bargaining agreement.
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