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 34: EQUAL EMPLOYMENT OPPORTUNITY

Official CBA pages 168-169

Official CBA Page 168

ARTICLE 34: EQUAL EMPLOYMENT OPPORTUNITY

A. PURPOSE: This Article outlines the Parties’ commitment to uphold equal employment

opportunity (EEO) principles.

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

B. GENERAL:

1. The Parties jointly support an organizational environment that is free from discrimination,

harassment, and retaliation.

2. The Parties understand that there shall be no discrimination against any bargaining unit

employee on account of race, color, sex (including sexual orientation, gender identity, and

pregnancy), religion, national origin, age, disability, genetic information, parental status,

or prior EEO activity.

3. If bargaining unit employees believe they have been subjected to unlawful discrimination ,

harassment, or retaliation, they may contact the TSA EEO office (known as the TSA Civil

Rights, Equity, Access and Inclusion Division as of the effective date of this Agreement)

via telephone at 877-336-4872 or 800-877-8339 (TTY/ASCII) or via email at

tsa.civilrights@tsa.dhs.gov.

a. If a bargaining unit employee believes that they have been discriminated against on the

grounds set forth in this Article, they may file a grievance, an appeal to the Merit

Systems Protection Board (MSPB) if the action is otherwise appealable to the MSPB,

or an EEO complaint in accordance with Section F of Article 28: Grievance Processes.

C. REASONABLE ACCOMMODATION REQUESTS FOR QUALIFIED BARGAINING

UNIT EMPLOYEES WITH DISABILITIES:

1. In addition to this Article, TSA Management Directive (MD) 1100.73-4, Reasonable

Accommodation Program, and associated Handbook contain the policy and procedures

governing the TSA Reasonable Accommodation Program. In the event of a conflict, the

provisions of this Agreement shall govern.

2. The Parties understand that the Agency will provide reasonable accommodation to

qualified bargaining unit employees with disabilities (i.e. with respect to a bargaining unit

employee, a physical or mental impairment that substantially limits one or more of the

major life activities; a record of such an impairment; or being regarded as having such an

impairment) unless providing the reasonable accommodation would pose an undue

hardship.

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

Official CBA Page 169

4. The Parties recognize that individual accommodations will be determined by the Agency

on a case-by-case basis using the interactive process, taking into consideration factors such

as the employee’s disability, the employee’s suggestions for reasonable accommodations,

existing limitations, the work environment, and whether the accommodation poses an

undue hardship.

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

a. Reassignment will only be considered as a reasonable accommodation of last resort

after all other possible accommodations have been explored and ruled out.

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

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

D. ACCOMMODATION REQUESTS BASED ON A BARGAINING UNIT EMPLOYEE’S

SINCERELY HELD RELIGIOUS BELIEF OR PRACTICE:

1. The Parties understand that the Agency will provide reasonable accommodation for

sincerely held religious beliefs or practices unless providing an accommodation would pose

an undue hardship.

2. Requests for accommodation based on sincerely held religious beliefs or practices must be

made in writing, and should be made using the current TSA form for processing religious

accommodations.

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

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

E. ANNUAL REPORT: The Agency agrees to annually furnish the Union with EEO data that is

posted on TSA.gov in accordance with The Notification and Federal Employee

Antidiscrimination and Retaliation Act of 2002 (No FEAR Act).

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