Article 1
Coverage and Recognition
History

Section 1. Recognition

a. Local 12, American Federation of Government Employees, AFL-CIO, is recognized as the sole and exclusive representative of employees in the bargaining unit as defined in Section 3 of this Article.
b. As the sole and exclusive representative, the Union is entitled to act for and to negotiate agreements covering all employees in the bargaining unit. It is responsible for representing the interests of all employees in the bargaining unit without discrimination.
c. The Union shall be given the opportunity to be present at any formal discussion between Management and employees in the bargaining unit concerning any grievance, or any personnel policy or practice, or other general condition of employment of the employees in the bargaining unit.
d. The Department has the obligation to meet and discuss matters of concern to the Union.

Section 2. Contravention

The Department agrees that in regard to the bargaining unit, it will not enter into any other agreement, understanding or contract with any other organization, association or union that shall contravene or violate this Agreement except as required by law.

Section 3. Coverage

The bargaining unit to which this Agreement is applicable consists of all employees in the Washington, D.C., metropolitan area, except employees excluded under Section 4 of this Article.

Section 4. Exclusions from Coverage

The following employees are excluded from the bargaining unit covered by this Agreement:

a. All management officials;
b. All supervisors;
c. Employees who act in a confidential capacity with respect to an individual who formulates or effectuates management policies in the field of labor-management relations;
d. Employees engaged in personnel work in other than a purely clerical capacity;
e. Employees primarily engaged in investigation or audit functions relating to the work of bargaining unit employees whose duties directly affect the internal security of the Department but only if the functions are undertaken to ensure that the duties are discharged honestly and with integrity;
f. Employees who are engaged in administering any provision of law relating to labor-management relations;
g. All "Schedule C" and Senior Executive Service employees; and
h. Employees on temporary appointment of six (6) months or less.

Section 5. Definitions

a. Hereinafter, throughout this Agreement, the term "employee(s)" is synonymous with the term "bargaining unit employee(s)," unless specified otherwise.
b. Hereinafter, throughout this Agreement, the term "consult" or "consultation" means meaningful discussion to review a management plan or proposal with the opportunity to make suggestions prior to Management's final decision.

Section 6. Disputes Over Unit Coverage

a. When the bargaining unit status of a position changes, the Chief Steward for the affected Agency will be notified of the change prior to implementation.
b. If requested by the Agency's Chief Steward, the Agency will discuss the change in the bargaining status of the position in question prior to effectuating the change.