NASA Headquarters' Directives
HQPR 3713.3 Effective Date: December 06, 2000 Expiration Date: June 06, 2008 Responsible Office: CE	NASA HEADQUARTERS WORKPLACE ALTERNATIVE DISPUTE RESOLUTION (ADR) PROGRAM

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5.1.1    Merit Systems Protection Board (MSPB)

5.1.1.1    The MSPB is the proper appeal forum if the employee has been the subject of an adverse action, such as a suspension for more than 14 days, a demotion, or a removal. In accordance with 5 CFR § 1201.3(b), the MSPB is also the proper forum if the employee alleges an employment action was based on his/her whistleblowing activities (see Section 5.1.2). A bargaining unit employee may pursue his/her appeal through the MSPB or the negotiated grievance process, but not both.

5.1.1.2        To be timely, an employee must file at the MSPB within 30 days of the effective date of the Agency action or receipt of the Agency decision (whichever is later). MSPB regulations give the employee an additional 30 days (a total of 60) to file when the employee has written documentation that he sought resolution through ADR. 5 CFR §1201.22(b)(1)). An employee, who first seeks corrective action from the Office of Special Counsel, must file an appeal with the MSPB within the time frame set forth in 5 CFR §1209.5.

5.1.2    Office of Special Counsel (OSC)

5.1.2.1    The OSC is the proper forum if a personnel action described in 5 CFR § 1209.4(a) (appointment, promotion, adverse action, disciplinary or corrective action, detail, transfer, reassignment, reinstatement, restoration, reemployment, some performance evaluations, decision concerning pay or benefits, decision to order examination, or any other significant change in duties, responsibilities, or working conditions) has been threatened, proposed, taken, or not taken allegedly because of the employee's whistleblowing activities. "Whistleblowing" is defined as disclosing information that the employee reasonably believes shows a violation of law, rule, or regulation; gross mismanagement; gross waste of funds; abuse of authority; or a substantial and specific danger to public health or safety. For these actions, the employee must seek corrective action from the OSC before proceeding to the MSPB, unless the action is directly appealable to the MSPB based on some other authority.

5.1.2.2    There are no time limits for contacting OSC. However, once OSC has issued a notification that it is terminating its investigation of an employee's request for corrective action, the employee must appeal to the MSPB within 65 days of the date of issuance of OSC's notification (see 5 CFR §1209.5(a)(1) for an exception). If more than 120 days have passed since the employee filed with OSC and the employee has not received a written determination from OSC that it will seek corrective action, the employee may appeal to the MSPB anytime after the 120th day (5 CFR § 1209.5(a)(2)).

5.1.3    Equal Employment Opportunity Commission (EEOC)

5.1.3.1    The EEOC is the proper forum to allege discrimination based on race, color, sex (including sexual harassment), religion, national origin, age, disability, or reprisal for prior protected activity. A bargaining unit employee may choose the negotiated grievance process or the EO complaint process but not both. Discrimination may also be raised as a defense to an adverse action by appealing to MSPB. The employee must choose to file with MSPB or to file an EEO complaint but may not do both.

5.1.3.2    To be timely, an employee must contact the Discrimination Complaints Manager within 45 days of the date of the alleged discrimination, or in the case of a personnel action, within 45 days of the effective date of the action (29 CFR § 1614.105(a)(1)). Under the NASA Headquarters ADR Program, the employee may contact either the ADR Coordinator or the Discrimination Complaints Manager to satisfy this requirement.

5.1.3.3    If, after the contact with the Discrimination Complaints Manager (or the ADR Coordinator), the employee opts for ADR, the pre-complaint processing period will be 90 days (29 CFR § 1614.105(f)). At the end of the 90 days, if no agreement has been reached, the ADR Coordinator (or the Discrimination Complaints Manager , depending on where the employee made initial contact) must issue a Notice of Final Interview and Notice of Right to File a Complaint.  The employee has 15 days from receipt of this notice to file a formal complaint as set forth in 29 CFR § 1614.105(d).

5.1.3.4    If the employee goes directly to the Discrimination Complaints Manager and does not enter into ADR, the "traditional" EO counseling lasts 30 days. If there is no resolution, the Discrimination Complaints Manager will issue the Notice of Final Interview and Notice of Right to File. The employee has 15 days from receipt of this notice to file a formal complaint. (29 CFR § 1614.105(d)).

5.1.4    Negotiated Grievance

5.1.4.1    A bargaining unit employee may elect to pursue the negotiated grievance procedure for any grievance covered by 5 U.S.C. § 7103(a)(9) in accordance with the process set forth in Article 12 of the collective bargaining agreement ("agreement") between NASA and the NASA Headquarters Professional Association.

5.1.4.2    Under section 12.06 of the agreement, grievances relating to a single incident should be initiated within 30 days from the incident or from the employee's awareness of the incident.

5.1.4.3    The employee may satisfy the 30-day requirement by either contacting the NASA Headquarters ADR Coordinator and entering ADR, or by following the grievance procedure detailed in Article 12 of the agreement. If ADR is chosen, the grievance must be resolved within 60 days of signing the Agreement to Mediate. If an agreement has not been reached at the end of the 60 days, the employee may return to the grievance procedure detailed in Article 12 of the agreement.

5.1.5    Administrative Grievance

5.1.5.1    A covered employee, as set forth in Section 2.2 of NPR 3771.1, NASA Grievance System, may elect to pursue an administrative grievance to resolve any matter of employee concern, except those specifically excluded from the grievance process in Section 2.3.2 of NPR 3771.1.

5.1.5.2    An employee must file a grievance according to the procedure outlined in Section 2.4 of NPR 3771.1, within 15 days from the action or from the employee's awareness of the action if the grievance concerns a particular act. A grievance concerning a continuing practice or condition may be filed at any time.

5.1.5.3    If the employee would prefer to use ADR, the employee must contact the ADR Coordinator within 15 days of the subject action or within 15 days after the employee became aware, or should have become aware of the act, or at any time, if the subject of the grievance is a continuing practice or condition. If after 60 days, settlement has not been reached, the employee may return to Step 2 of the grievance process.

5.1.6    Office of Personnel Management (OPM)

5.1.6.1    OPM is the proper forum for an employee to appeal his/her position classification, pursuant to 5 CFR Part 511.

5.1.6.1    In accordance with 5 CFR § 511.605, there is no time limit for filing a classification appeal, unless the employee seeks retroactive adjustments of pay, in which case, the time limit is 15 days after the effective date of the action as described in 5 CFR § 511.703.

5.1.6.2    Opting for ADR has no effect on the filing time. Except where the employee is seeking retroactive adjustment of pay and the time limits in 5 CFR § 511.703 are applicable, an employee choosing to use ADR to resolve a classification issue must file the appeal through NASA rather than directly with OPM.

5.1.7    Employee Assistance Program (EAP)

5.1.7.1    The EAP is available for employees who have personal or interpersonal problems that affect emotional well being, whether they originate at work or at home.

5.1.7.2    There are no time limits for initiating contact with EAP. Contact with EAP does not affect any of the above time limits for other venues.