Office of Professional Responsibility Appellate Board (OPRAB)
(formerly known as the Disciplinary Review Board (DRB))
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Certain disciplinary actions may be appealed to the TSA Office of Professional Responsibility Appellate Board (OPRAB) pursuant to TSA MD 1100.77-1. The following actions are appealable:
- Suspensions of fifteen (15) days or more;
- Indefinite Suspension;
- Demotions; and
- Removals.
Matters Excluded from the OPRAB
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Probationary employees cannot appeal removal actions.
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OPRAB does not have the authority to resolve Equal Employment Opportunity (EEO) complaints.
- If an employee believes that an adverse action was prompted by prohibited discrimination, he or she may pursue their complaint through the Equal Employment Opportunity Commission (EEOC); however, the employee cannot bring a complaint in front of both the OPRAB and the EEOC.
Key Components of Appeals
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OPRAB appeals must contain:
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copies of the proposal notice;
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the employee's reply (if any);
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the decision notice, any documentary evidence relied on;
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relief requested; and
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a written designation of representation that contains the signature of the TSA employee.
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A sample statement could be as simple as I, [name], designate [AFGE/representatives name] as my representative for the purpose of filing an appeal on my behalf with the Office of Professional Responsibility Appellate Board. [Signature].
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The OPRAB will not accept an email as a designation.
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Timelines are crucial
Similar to the grievance process, OPRAB timelines are significant and need to be watched closely.
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After the Agency issues the Notice of Proposed Discipline, the TSA employee has 7 days to respond to the allegations in writing, if he/she so chooses.
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Based upon the Proposal and the Response, the Agency issues a Notice of Decision.
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Once the Decision is issued, The TSA employee has 30 days to file an appeal with the OPRAB.
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After the OPRAB issues its decision, the employee has 30 days to file a request for reconsideration;however, the OPRAB only reconsiders a decision if it appears that it misinterpreted facts or misapplied TSA policy.
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Note: the TSA employee can request an extension with the OPRAB.
