Several members of the EO Board highlighted sexual orientation as an example of one basis for discrimination which could be confusing to employees in terms of where to seek relief. This document clarifies that employees alleging discrimination based on sexual orientation must use the grievance procedure. Employees in a bargaining unit use the negotiated grievance procedure. Non-bargaining unit employees use the procedure outlined in the NASA Grievance Handbook.
Allegations can address a variety of workplace problems.
Bargaining unit employees follow the provisions in their collective bargaining agreement, which typically allow them to choose either the negotiated grievance procedure or the EO compliant process, but not both. Employees who allege discrimination may choose either to file with MSPB or file an EO complaint, but not both. If they file with MSPB, the MSPB will also address any discrimination allegations. Bargaining unit employees follow the provisions in their collective bargaining agreement, which typically allow them to choose either the negotiated grievance procedure or MSPB, but not both. Employees may, after going to the Special Counsel, appeal to MSPB even if the action involved is not of the type which would ordinarily be reviewed by the Board.