Member Reference

Collective Bargaining Agreement

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Official Reference

2024 AFGE TSA Council 100 and TSA Collective Bargaining Agreement

Effective Date: May 24, 2024

Note: The contract language below is displayed from the official CBA text. It is not summarized or rewritten.

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ARTICLE 27: DISCIPLINARY AND ADVERSE ACTIONS

Official CBA pages 123-127

Official CBA Page 123

ARTICLE 27: DISCIPLINARY AND ADVERSE ACTIONS

A. PURPOSE:

1. The purpose of this Article is to establish a process for the administration of

Disciplinary/Adverse Actions. Actions based on unacceptable performance will be taken

in accordance with Article 30: Performance-Management Process.

2. In addition to this Article, the Parties understand that TSA MD 1100.75-3, Addressing

Unacceptable Performance and Conduct, and associated Handbook, and related TSA

policy, provide the policy and procedures regarding disciplinary and adverse actions.

B. DEFINITIONS: For purposes of this Article, the following definitions apply:

1. Adverse Action: A suspension of more than 14 days, including an indefinite suspension,

an involuntary demotion for conduct, or a removal.

2. Deciding Official: A management official with the authority to impose Disciplinary Action

or Adverse Action.

3. Disciplinary Action: Actions consisting of a Letter of Reprimand to a suspension of 14

days or less.

4. Proposing Official: A management official with the authority to recommend a Disciplinary

Action or Adverse Action.

5. SMART Agreement: An agreement in which the terms are Specific, Mutually acceptable,

Appropriate, Realistic, and Time-based. SMART agreements can be used as an alternative

to discipline or to hold in abeyance a decision to take a disciplinary or adverse action.

C. GENERAL:

1. The objective of discipline is to promote the efficiency of the service.

2. The Parties agree to the concept of progressive discipline, which is discipline designed

primarily to correct or improve employee behavior (rather than punish) and guide decisions

regarding discipline. A common pattern of progressive discipline is reprimand, short term

suspension, long term suspension and removal. Any of these steps may be bypassed when

the nature of the misconduct or the aggravating circumstances make a lesser form of

discipline inappropriate. The Parties recognize that non-disciplinary corrective actions

(such as Letters of Guidance/Direction and Letters of Counseling) may be sufficient to

correct or improve certain employee behavior.

3. Disciplinary and/or Adverse Actions may be taken for just cause and only for reasons that

will promote the efficiency of the service. Disciplinary and/or Adverse Actions should be

administered fairly.

Official CBA Page 124

4. Disciplinary and adverse actions must be supported by a preponderance of the evidence

and must be consistent with all applicable laws, rules, regulations, policies, and provisions

of this Agreement.

5. [Blank] The Parties did not reach agreement on this provision.

D. PROCEDURE:

1. Distinguishing Between Unacceptable Performance and Unacceptable Conduct: Where the

conduct concerns the performance of a bargaining unit employee’s duties, the Parties

understand that TSA will consider whether the unacceptable behavior is performance-

based or conduct-based. Actions based on performance will be taken in accordance with

Article 30: Performance Management Process and TSA policy.

2. Letters of Reprimand (LORs):

a. LORs may be issued without formal advance notice or proposal.

b. The employee will be informed in writing of the conduct for which the employee is

being reprimanded.

c. The employee will be informed in writing of the applicable grievance procedures as

outlined in Article 28: Grievance Processes.

d. Within fourteen (14) calendar days of receipt of the LOR, the employee will have the

ability to prepare and submit a concise statement of disagreement with the LOR. The

Agency will consider the statement and, if appropriate, modify or withdraw the LOR.

Nothing in this section shall negate an employee’s right to grieve any matter.

e. Removal of LORs:

i. The employee will be informed in writing that the LOR may be removed from the

employee’s personnel file (including their eOPF) prior to the expiration period.

ii. Management may remove an LOR from a bargaining unit employee’s personnel

files (including their eOPF) at any time. If an employee requests removal of an

LOR after 6 months, management may approve the employee’s request and remove

the LOR from the employee’s personnel files (including their eOPF) if management

determines the employee has demonstrated that they have corrected or resolved the

behavior referenced in the LOR.

iii. [Blank] The Parties did not reach agreement on this provision.

iv. Once an LOR is removed from an employee’s personnel files (including their

eOPF) pursuant to this Section, it may be cited as documentation that the employee

Official CBA Page 125

was on notice regarding the performance or conduct referenced in the letter.

3. Proposed Disciplinary (Not Including LORs) or Adverse Actions:

a. The notice of proposed disciplinary or adverse action should be issued as soon as

practicable after completion of the fact-finding inquiry. The Agency will make a good

faith effort to avoid unnecessary delay in proposing disciplinary and adverse actions.

The Parties understand that criminal investigations outside the control of the Agency

may be prolonged.

b. The employee will be informed in writing of each charge and specification(s).

c. The employee will be informed in writing of the proposed penalty.

d. The employee will be informed in writing of any aggravating or mitigating factors that

were considered in determining the proposed penalty.

e. The bargaining unit employee will have a reasonable amount of time, but not less than

seven (7) days, to present an oral and/or written reply to the proposal. This time limit

may be extended for good cause shown.

f. A bargaining unit employee may be represented by an individual of their choosing

consistent with TSA MD 1100.63-3, Employee Representation, in preparing and

presenting any reply. If the employee elects to have a representative, the employee must

provide the name of their representative to the Deciding Official in writing, and must

provide written notice of any subsequent change in representation.

g. The bargaining unit employee and/or the employee’s designated representative, if any,

will be provided a listing and copy of the materials relied upon with the proposed letter.

In cases where it is not possible to provide a copy, the employee and/or designated

representative, if any, will be provided an opportunity to review the material relied

upon.

h. The bargaining unit employee will be advised of the name of the Deciding Official and

the individual the employee may contact to make arrangements for a reply or to ask

any questions.

i. [Blank] The Parties did not reach agreement on this provision.

j. The employee will be informed of any change in duty status, if applicable.

k. The Parties understand that bargaining unit employees will be allowed a reasonable

amount of time of up to eight (8) hours of duty time as approved by management, to

review the material relied upon, and to prepare and present their reply. Time will be

granted on a case-by-case basis. If the matter for which duty time was requested and

approved consumes less time than was approved, the bargaining unit employee must

Official CBA Page 126

immediately report back to duty. Management may approve additional time on a case-

by-case basis.

4. Decisions on Proposed Disciplinary (Not Including LORs) or Adverse Actions:

a. If additional material is relied upon, the bargaining unit employee and/or the

employee's designated representative, if any, will be provided a listing and copy of the

additional materials and an opportunity to reply prior to a decision being issued. In

cases where it is not possible to provide a copy, the employee and/or designated

representative, if any, will be provided an opportunity to review the additional material

relied upon.

b. Decisions will be in writing.

c. The employee will be informed in writing of the decision on each charge, including the

basis for the decision on each sustained charge.

d. The employee will be informed in writing of any considerations given to any relevant

replies or supporting documents provided by the employee or their representative.

e. If at least one charge is sustained, the employee will be informed in writing of the

penalty determination including any relevant mitigating and aggravating factors

considered, as appropriate.

f. The employee will be informed in writing that the action will be maintained in the

employee’s eOPF.

g. If the decision is unfavorable to the employee, the employee will be informed of the

applicable grievance procedures and/or appeal rights as outlined in Article 28:

Grievance Processes.

E. UNFOUNDED ALLEGATIONS:

1. No record of an allegation of misconduct determined to be unfounded will be placed in an

employee’s personnel files.

2. Where it has been ultimately determined through administrative action or applicable third

party adjudication that a disciplinary or adverse action was unjustified or unwarranted, the

Agency will take the required action(s) to correct and/or remove the action from the

employee’s personnel files (including their eOPF).

F. LAST CHANCE AGREEMENTS AND OTHER ALTERNATIVES TO DISCIPLINE:

1. Alternatives to discipline may benefit both the bargaining unit employee and the Agency.

The objectives of alternatives to discipline include:

Official CBA Page 127

a. Improving communications and interpersonal working relationships between

supervisors and employees;

b. Correcting behavioral problems;

c. Reducing the costs and delays inherent in traditional disciplinary actions; and

d. Minimizing contentiousness between the Parties.

2. Alternatives to discipline include, but are not limited to Last Chance Agreements, SMART

Agreements, and Letters of Counseling. Alternatives to discipline may be applied where

disciplinary or adverse action would otherwise be appropriate.

3. The Parties understand the decision to offer an alternative to discipline is within the

Agency’s discretion and may be offered to the bargaining unit employee or their

representative, at any stage of the disciplinary process.

4. Last Chance Agreements and SMART Agreements must be in writing and provided to the

bargaining unit employee. The decision to accept a Last Chance Agreement or SMART

Agreement is within the employee’s discretion and may be rejected.

5. For Last Chance Agreements, the duration of the agreement generally should not exceed

one (1) year.

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