§ 588.33 - Filing a formal class complaint.

(a) The complaint must be filed in writing by the class agent or a representative and be signed by the class agent.

(b) It must described specifically the policy of practice that gave rise to the complaint and the resultant personnel action or matter that harmed the class agent.

(c) It must be filed no later than 15 calendar days after the class agent has received the notice of final interview from the EEO counselor. For that purpose, the date a complaint is filed is the date of the postmark, or, if no postmark, the date the complaint is received by one of the officials listed in d below.

(d) Persons to whom class complaints may be submitted.

(1) A formal class complaint may be filed with any of the following:

(i) The responsible activity EEO officer.

(ii) The director of EEO.

(iii) The Secretary of the Army.

(2) EEO activity publications and the EEO counselor will request the class agent to submit a copy of his or her class complaint to the responsible activity EEO officer in every case. Any of the officials listed above will immediately transmit the complaint by the fastest means possible to the responsible activity EEO officer, indicating the date of receipt of the complaint if it is not postmarked.

(e) At all stages, in the preparation and presentation of a complaint, the class agent will have the right to be represented, accompanied, and advised by a representative of his or her own choosing, provided the choice does not involve a conflict of interest or position. The designation of the representative must be made in writing and made part of the class complaint file.

(f) If the agent is employed by the army, he or she will have a reasonable amount of official time to prepare and present his or her complaint. Employees who represent fellow Army employees in discrimination complaint cases must be permitted to use a reasonable amount of official time to carry out that responsibility, whenever it is not inconsistent with the performance of their duties. (See § 588.71(d).) Army employees who represent non-Army employees in a complaint will be granted, at their request, a reasonable amount of annual leave or leave without pay for this purpose.

(g) Upon receipt of the class complaint, the responsible EEO officer will immediately send a copy of the complaint to EEOCCRA (EEOCCRA/SFCR/WASH DC 20310-1813) and OTJAG (DAJA/LTC/WASH DC 20310-2210). Receipt of the complaint will be acknowledged, in writing, by EEOCCRA. The acknowledgement will contain a docket number assigned to the case which will be used in processing the class complaint.