human resource

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HRM 310 Collective Bargaining Agreement

Article 4 – Union Rights and Responsibilities Section 1 – Exclusive Representative In accordance with 5 U.S.C. 7114 (a) (1), “A labor organization which has been accorded exclusive recognition is the exclusive representative of the employees in the unit it represents and is entitled to act for and negotiate collective bargaining agreements covering all employees in the unit. An exclusive representative is responsible for representing the interests of all employees in the unit it represents without discrimination and without regard to labor organization membership.” Section 2 – Union Rights

A. In all matters relating to personnel policies, practices, and other conditions of employment, the Parties will have due regard for the obligations imposed by 5 U.S.C., Chapter 71, this agreement, and the concept of a cooperative working relationship.

B. Each party shall recognize and meet with the designated representative(s) of the other party at mutually agreeable times, dates, and places that are reasonable and convenient.

Section 3 – Official Time Union representatives will receive official time for the performance of representational duties in accordance with Article 28 Official Time and Duty Time. Section 4 – Notification of Changes in Conditions of Employment The Location/Agency shall provide reasonable advance notice (minimum of 5 days) to the appropriate Union official(s) prior to changing conditions of employment of bargaining unit employees. The Union will be notified as soon as the Location/Agency knows of the change but not less than 5 days prior to the change with the exception of emergency situations. (Refer to Art 3 Matters Appropriate for Negotiation for Bargaining.) All notifications shall be in writing by U.S. mail, personal service, or email to the appropriate Union official with sufficient information to the Union for the purpose of exercising its full rights to bargain. Section 5 – Investigatory Examinations (Weingarten Rights)

A. As provided in 5 U.S.C., 7114 (a) (2) (B) and Article 15, Disciplinary and Adverse Actions, the Union has the right to be represented at any examination of an employee in the BU by a representative of the Agency in connection with an investigation if:

a. any formal discussion between one or more representatives of the Agency and one or more employees in the unit or their representatives concerning any grievance, or any personnel policy or practice or other general condition of employment;

b. or any examination of an employee in the unit by a representative of the Agency in connection with an investigation if:

i. the employee reasonably believes that the examination may result in disciplinary action against the employee; and

ii. the employee requests representation. B. The Agency supports and will follow statutory and contractual prohibitions against restraint,

coercion, discrimination, or interference with any Union representative or employee in the exercise of their rights.

C. Union will determine which representative will be assigned to any particular investigatory examination.

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D. The Union representative will be given no less than twenty-four (24) hours notification of such meetings unless precluded by a situation that is urgent in nature. Once the employee requests representation, no further questioning will take place until the representative arrives. If the representative is not available due to work schedules or other representational business, the examination will be postponed and rescheduled by mutual agreement.

E. The Union representative may be informed of the subject of the meeting. The Union will have an opportunity to meet with the employee prior to the examination.

Section 6 – Union Representation at Meetings In accordance with 5 USC 7114(a)(2)(A), Representation Rights and Duties, an officially designated union representative will be allowed to attend any meeting with bargaining unit employees and management concerning any grievance or any personnel policy or practices or other general conditions of employment.

Article 5 – Employee Rights Section 1 – General

A. In an atmosphere of mutual respect, all employees shall be treated fairly and equitably and without discrimination in regard to their political affiliation, union activity, labor organization affiliation or nonaffiliation, race, color, religion, sex, pregnancy, national origin, gender, sexual orientation, marital status, age, genetic information, status as a parent, nondisqualifying handicapping conditions, any other non-merit-based factor, unless specifically designated by statute as a factor that must be taken into consideration when awarding such benefits, or retaliation for exercising rights with respect to the categories enumerated above, where retaliation rights are available. Employees will also be afforded proper regard for and protection of their privacy and constitutional rights. It is therefore agreed that management will endeavor to establish working conditions which will be conducive to enhancing and improving employee morale and efficiency.

B. Instructions will be given in a reasonable, respectful, and constructive manner. Such guidance will be provided in an atmosphere that will avoid public embarrassment or ridicule. If an employee is to be served with a warrant or subpoena, it will be done in private without the knowledge of other employees to the extent it is within management's control.

C. No disciplinary or adverse action will be taken against an employee upon an ill-founded basis such as unsubstantiated rumors or gossip.

D. No employee will be subjected to intimidation, coercion, harassment, or unreasonable working conditions as reprisal nor be used as an example to threaten other employees. An employee who exercises any statutory or contractual right shall not be subjected to reprisal or retaliation and shall be treated fairly and equitably.

Section 2 – Personal Rights

A. Employees have the right to engage in outside activities and employment of their own choosing and otherwise conduct their private lives as they see fit in accordance with 5 CFR, 2635; 5 CFR, 735; and 5 CFR, 8301.

B. It is understood that if an employee engages in outside employment it should not impair their ability to perform his or her job.

C. Without prior approval, an employee may participate in the activities, not prohibited by law or government-wide regulation, of national or state political Parties and may participate in the affairs of or accept an award for a meritorious public contribution or achievement given by a

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charitable, religious, professional, social, fraternal, and non-profit educational and recreational, public service, or civic organization.

D. An employee shall not accept a fee, compensation, gift, payment of expense, or any other thing of monetary value in circumstances in which the acceptance may result in or create the appearance of conflicts of interest.

Section 3 – Dignity and Self Respect In Working Conditions Employees, individually and collectively, have the right to expect, and to pursue, conditions of employment which promote and sustain human dignity and self-respect.

Article 6 – Rights to Union Membership Under 5 U.S.C., 7102, each employee shall have the right to form and join a union; to act as a designated Union representative, and to assist the Union, freely, without fear of penalty or reprisal. Each employee shall be protected in the exercise of such rights. This right shall extend to participation in all union activities including service as officers and stewards. Except as otherwise provided, such employee rights include the right to:

1. act for the Union in the capacity of a representative and the right in that capacity to present the views of the Union to heads of agencies and other officials of the Executive Branch of Government, Congress, or other appropriate authorities.

2. engage in collective bargaining with respect to conditions of employment through representatives chosen by employees.

3. be represented by an attorney or other representative other than the Union, of the employee's own choosing, in any appeal action not covered under the negotiated grievance procedure. The employee may exercise grievance or appellate rights, which are established by law, rule or regulation.

Article 7 – Employee Rights During Investigations An employee has the right (commonly known as the Weingarten right) to be represented by the Union during any examination of the employee by a representative of the Agency in connection with an investigation if he or she reasonably believes that the examination may result in disciplinary action against him or her and he or she requests representation. (See Articles Misconduct Investigation and Discipline and Adverse Actions). Section 1 – Rights to Union Representation Management recognizes an employee's right to assistance and representation by the Union, and the right to meet and confer with Union representatives in private during the employee’s duty time, consistent with Article 4, Union Rights and Responsibilities. If the employee and the local representative cannot be released immediately, the employee will be released for a mutually agreed time frame between the Parties. If such release is not made, appropriate relief from time frames will be afforded. The Agency agrees to annually inform all employees of the right to Union representation under 5 U.S.C., 7114 (a) (2) (B) by appropriate means.

Article 8 – Management Rights The Union recognizes the rights of ARS and agrees to demonstrate an affirmative willingness to deal with the appropriate management representatives on matters involving the administration of this agreement. Section 1 – Rights and Obligations of the Employer

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A. This article shall be administered in accordance with 5 U.S.C., Chapter 71, and the terms of this agreement. Management officials of the Agency retain the following rights outlined in 5 U.S.C., 7106, Management Rights:

(A) (1) determine the mission, budget, organization, number of employees, and internal security practices of the Agency; and

(2) in accordance with applicable laws; (a) hire, assign, direct, layoff, and retain employees in the Agency, or to suspend,

remove, reduce in grade or pay, or to take other disciplinary action against such employees; (b) to assign work, to make determinations with respect to contracting out, and to

determine the personnel by which the Agency operations shall be conducted; (c) with respect to filling positions, to make selections for appointments from: (i) among

properly ranked and certified candidates for promotion; and (ii) any other appropriate source; and

(d) take whatever actions may be necessary to carry out the Agency mission during emergencies. (B) Nothing in this section shall preclude any Agency and any labor organization from negotiating:

(1) At the election of the Agency to negotiate on the numbers, types, grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty, or on the technology, methods and means of performing work;

(2) procedures which management officials of the Agency will observe in exercising any authority under this section; or

(3) appropriate arrangements for employees adversely effected by the exercise of any authority under this section by such management officials.

B. Management officials and supervisors retain the right to meet with employees and without the

presence of a union representative concerning any matter not covered by 5 U.S.C., 7114 (a) (2). C. The Director of Human Resources or designee will be the point of contact for labor relations

matters.

Article 9 – Labor Management Relationship Section 1 – Purpose The desire and intent in this Article is to describe and encourage effective labor management relationship. The Agency and the Union are committed to working together at all levels to improve service to the American people, ensure a quality work environment for employees, foster a cooperative, constructive working relationship between employees and management, establish an atmosphere of mutual respect and trust, and to improve the morale of the employee. Section 2 – Scope Union and Management may discuss any topic, including but not limited to:

1. Interpretation and application of this Agreement 2. Interpretation and applicability of rules, regulations, and policies 3. Matters involving personnel policies, practices, and working conditions; 4. Numbers, types, and grades of employees as well as methods, means and technology of

work; and, 5. Correction of conditions causing grievances and misunderstandings 6. Encouragement of good human relations in employer-employee relationships

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7. Promotion of job related education and training 8. Strengthening of morale; etc.

References Adapted from: United States Department of Agriculture. (2019). Collective bargaining agreement between AFGE Local

3247 and ARS, Northern Regional Research Center. https://www.dm.usda.gov/employ/labor/docs/ta/ars/ARS+and+AFGE+Local+3247+(Approved+ by+OHRM+3.20.19)-+CBA.pdf