COMPLAINT OF POSSIBLE PROHIBITED PERSONNEL PRACTICE
OR
OTHER PROHIBITED ACTIVITY |
IMPORTANT
Before filling out this Office of Special Counsel (OSC) form, please read the following information about: (1) the required complaint format; (2) the scope of OSC’s jurisdiction; and
(3) certain OSC policies. OSC cannot investigate a complaint if it lacks jurisdiction over the subject matter. Further, filing a complaint with OSC will not extend any time limits that may exist under any other complaint procedures that may be available. It is important, therefore, that you consider whether OSC may lack jurisdiction over your complaint.
If you plan to file a complaint alleging reprisal for
whistleblowing, important information about the elements required by law to establish such a violation is provided in Part 2 of this form (at page 4). |
INFORMATION ABOUT FILING A COMPLAINT WITH OSC
Required Complaint Form. Complaints alleging a prohibited personnel practice, or a prohibited activity other than a Hatch Act violation, must be submitted on this form. OSC will not process complaints (except a complaint alleging
only a Hatch Act violation) that are not submitted on this form. OSC will return the material received, with a blank complaint form to complete and return to OSC. The complaint will be considered to be filed on the date on which OSC receives the completed form. 5 C.F.R. § 1800.1, as amended.
No OSC Jurisdiction. OSC has no jurisdiction over complaints filed by employees of –
- the Central Intelligence Agency, Defense Intelligence Agency, National Security Agency, or other intelligence agency excluded from coverage by the President;
- the armed forces of the United States (i.e., uniformed military employees);
- the General Accounting Office;
- the Postal Rate Commission; and
- the Federal Bureau of Investigation.
Limited OSC Jurisdiction. OSC has jurisdiction over certain types of complaints filed by employees of some agencies, as follows –
- Federal Aviation Administration employees alleging reprisal for
whistleblowing;
- employees of government corporations listed at 31 U.S.C. § 9101 alleging reprisal for
whistleblowing;
- U.S. Postal Service employees alleging nepotism; and
- Transportation Security Administration (TSA) employees alleging reprisal for whistleblowing:
TSA non-screener employees may file complaints alleging
retaliation for protected whistleblowing under 5 U.S.C. § 2302(b)(8).
OSC will process these complaints under its regular procedures,
including filing petitions with the Merit Systems Protection Board, if
warranted. TSA security screeners may also file complaints
alleging retaliation for protected whistleblowing under 5 U.S.C. §
2302(b)(8) pursuant to a Memorandum of Understanding (MOU) between OSC
and TSA executed on May 28, 2002. The MOU and TSA Directive HRM
Letter No. 1800-01 provide OSC with authority to investigate
whistleblower retaliation complaints from screeners and recommend that
TSA take corrective and/or disciplinary action when warranted.
Additional information on OSC procedures for reviewing security screener
whistleblower complaints under the MOU is available at
http://www.osc.gov/tsa-info.htm.
(over)
VISIT WWW.OSC.GOV
FOR MORE INFORMATION ABOUT OSC JURISDICTION AND COMPLAINT PROCEDURES |
COMPLAINT OF POSSIBLE PROHIBITED PERSONNEL PRACTICE
OR OTHER PROHIBITED ACTIVITY
Page ii
___________________________________________________________________________________________
INFORMATION ABOUT FILING A COMPLAINT WITH OSC (cont'd)
Election of Remedies for Employees Covered By a Collective Bargaining
Agreement. Pursuant to 5 U.S.C. § 7121(g), if you are covered by a collective bargaining agreement, you must choose one of three possible avenues to pursue your prohibited personnel practice complaint: (a) a complaint to OSC; (b) an appeal to the Merit Systems Protection Board (MSPB) (if the action is appealable under law or regulation), or (c) a grievance under the collective bargaining agreement. If you have already filed an appeal about your prohibited personnel practice allegations with the MSPB, or a grievance about those allegations under the collective bargaining agreement, OSC lacks jurisdiction over your complaint and cannot investigate it.
Deferral of Certain Complaints Involving Discrimination. Although OSC is authorized to investigate discrimination based upon race, color, religion,
sex, national origin, age, or handicapping condition, as well as reprisal for filing an EEO complaint, OSC generally defers such allegations to agency procedures established under regulations issued by the Equal Employment Opportunity Commission (EEOC). 5 C.F.R. § 1810.1. If you wish to report allegations of discrimination based upon race, color, religion,
sex, national origin, age, or handicapping condition, or reprisal for filing an EEO complaint, you should contact your agency’s EEO office immediately. There are specific time limits for filing such complaints. Filing a complaint with OSC will not relieve you of the obligation to file a complaint with the agency’s EEO office within the time prescribed by EEOC regulations (at 29 C.F.R. Part 1614).
Note: |
This deferral policy does not apply to discrimination claims outside the jurisdiction of the
EEOC, such as complaints alleging discrimination based upon
marital status or political affiliation. |
Deferral of Complaints Involving Veterans Rights. By law, complaints alleging: (a) discrimination based on veteran or reservist status, (b) denial of veteran/reservist re-employment rights, and (c) denial of veterans’ preference requirements, must be filed with the Veterans Employment and Training Service (VETS) at the Department of Labor. 38 U.S.C. § 4301, et seq., and 5 U.S.C. § 3330a(a).
Note: |
An appeal of category (a) and (b) allegations may also be filed directly with the
MSPB, rather than by means of a complaint to VETS. 5 C.F.R. § 1208.11. |
SEND COMPLETED COMPLAINT FORMS TO
OSC -
|
By Mail: |
Complaints Examining Unit |
|
Office of Special Counsel |
|
1730 M Street, N.W. (Suite 218) |
|
Washington, DC 20036-4505 |
By Fax: |
(202)653-5151 |
Electronically: |
WWW.OSC.GOV
(AT "FILE COMPLAINTS ONLINE") |
PLEASE KEEP A COPY OF YOUR COMPLAINT,
ANY SUPPORTING DOCUMENTION, AND ANY ADDITIONAL ALLEGATIONS SENT IN
WRITING TO OSC NOW, OR AT ANY TIME WHILE YOUR COMPLAINT IS
PENDING. REPRODUCTION CHARGES
UNDER THE FREEDOM OF INFORMATION ACT MAY APPLY TO ANY
REQUEST YOU MAKE FOR COPIES OF MATERIALS THAT YOU PROVIDED
TO OSC. IF YOU ARE FILING AN
ALLEGATION OF REPRISAL FOR WHISTLEBLOWING, PLEASE
SEE PART 2 OF THE COMPLAINT FROM, AT PAGES 4-5, FOR OTHER
RECORDKEEPING CONSIDERATIONS.
|
U.S. OFFICE OF SPECIAL COUNSEL |
(202) 254-3670 / (202) 254-3630 / (800) 872-9855 |
COMPLAINT OF POSSIBLE PROHIBITED PERSONNEL PRACTICE
OR
OTHER PROHIBITED ACTIVITY
(Please print legibly or type and complete all pertinent items. Enter "N/A" (Not Applicable) or "Unknown" where appropriate. Use Continuation Sheet on page 12 if more room is needed.)
PART 1: PROHIBITED PERSONNEL PRACTICES / OTHER PROHIBITED ACTIVITY (GENERAL) |
KEEP
A COPY OF THIS PAGE FOR YOUR RECORDS IF YOU ARE ALLEGING
REPRISAL FOR WHISTLEBLOWING |
|