Official CBA Page 170
ARTICLE 35: PROTECTING AGAINST PROHIBITED PERSONNEL PRACTICES
A. PURPOSE: This Article outlines certain information regarding protecting against prohibited
personnel practices. In addition to this Article, TSA MD 1100.23-1, Merit System Principles
and Prohibited Personnel Practices, provides TSA policy, procedures, and responsibilit ies
regarding prohibited personnel practices. In the event of a conflict, the provisions of this
Collective Bargaining Agreement shall govern.
B. DEFINITIONS:
1. Prohibited Personnel Practice: The Parties understand that, for purposes of this Article,
"prohibited personnel practice" means any action described in Section C.
2. Personnel Action: The Parties understand that, for purposes of this Article, "personnel
action" means:
a. An appointment;
b. A promotion;
c. An adverse action (a suspension of more than 14 days, including an indefinite
suspension, an involuntary demotion for performance/conduct, or a removal) or other
disciplinary action;
d. A Letter of Counseling or Letter of Guidance and Direction;
e. A detail, transfer, or reassignment;
f. A reinstatement;
g. A restoration;
h. A reemployment;
i. A performance evaluation;
j. A decision concerning pay, benefits, or awards, or concerning education or training if
the education or training may reasonably be expected to lead to an appointment,
promotion, performance evaluation, or other action described within 5 U.S.C. §
2302(a)(2);
k. Any other significant change in duties or responsibilities, or working conditions;
l. A decision to order psychiatric testing or examination; and
m. The implementation or enforcement of any nondisclosure policy, form, or agreement.