Article 3
Employee Rights
History

Section 1. Respect in the Workplace

It is the intent of the Department of Labor that all employees shall be treated with fairness and dignity. It is recognized that employees covered by this Agreement are not without reciprocal obligations.

Section 2. Compliance With Laws, Rules, Regulations, and Agreement

Laws, rules, regulations, and the provisions of this Agreement should be enforced by Management and employees are expected to comply with them. Where Management finds that employee conduct is inconsistent with applicable law, rule, regulation, or the provisions of this Agreement and that conduct has been due to lack of enforcement, and where Management wishes to change or correct the inappropriate conduct, Management should apprise the employees of what is expected and that the law, rule, regulation, or the provisions of this Agreement will be enforced.

Section 3. Right to Join or Assist Union

Each employee shall have the right to join or assist the Union or to refrain from any such activity, freely and without fear of penalty or reprisal, and each employee shall be protected in the exercise of such right. Except as otherwise provided under law, such right includes the right:

a. To act for a labor organization in the capacity of a representative and the right, in that capacity, to present the views of the labor organization to heads of agencies and other officials of the executive branch of the Government, the Congress, or other appropriate authorities; and
b. To engage in collective bargaining with respect to conditions of employment through representatives.

Section 4. Conflict of Interest

This Agreement does not authorize participation in the management of a labor organization or acting as a representative of a labor organization by a Management official, supervisor, or a confidential employee, except as specifically provided in the law, or by an employee if the participation or activity would result in a conflict or apparent conflict of interest or would otherwise be incompatible with law or with the official duties of the employee.

Section 5. Right to Remedial Relief for Employees in the Bargaining Unit

In seeking remedial relief under this Agreement, the grievant and the duly designated Union representative, if any, shall be free from restraint, interference, coercion, discrimination, and reprisal.

Section 6. Private Lives vs. Official Duties

a. The Department recognizes that an employee's financial obligations or obligations alleged by any creditor are private matters. In the event of a dispute between an employee and a private individual or firm with respect to an alleged debt or financial obligation, the Department will not take any action against the employee which is contrary to law, rule, or regulation.
b. Any DOL official who has authority to take, direct others to take, recommend, or approve any personnel action, shall not discriminate for or against any employee on the basis of conduct which does not adversely affect the performance of the employee or the performance of others; except that nothing in this Subsection shall prohibit the Department from taking into account in determining suitability or fitness any conviction of the employee for any crime under the laws of any State, of the District of Columbia, or of the United States.

Section 7. Campaigns or Drives--Solicitation of Employees in the Bargaining Unit

a. Definition. For the purpose of this Article, solicitation of employees in the bargaining unit means requests for contribution for the Combined Federal Campaign, participation in Savings Bond Drive, blood drive, or other Department-approved solicitations which have been announced in generally published Departmental directives.
b. Participation. Contributions from employees in the bargaining unit and participation by employees in the unit to solicit contributions shall be voluntary. There shall be no discrimination against any employee in the unit for non-participation or for any level of contributions. An employee in the bargaining unit may be requested to volunteer or solicit for contributions. Absent a volunteer, the Department will request the Union to assist in providing the needed volunteer. No Management or supervisory employee shall participate in any direct solicitation of employees in the bargaining unit who are under his/her supervision.

Section 8. Studies

Regarding proposed studies by Management affecting conditions of employment, the Union shall be notified in writing prior to the study with the reason stated for the study. The results of any such study shall be shared with the Union, in its capacity as the employees' representative, in writing, upon completion of the study. Either independently or through the Union (but with the understanding that there must be one voice on the matter), an employee has the right to respond to any study conducted by the Department.

Section 9. Use of Personal Audio Devices

Employees have the right to play radios, cassettes, etc., on the worksite so long as the use does not disturb the productivity of the employee or other employees within the worksite and does not distract clientele.

Section 10. Supervision and Assignment of Work

Consistent with the Management right to assign work to employees and to determine methods and means of performing work, employees can expect assignments to be made within reasonable bounds, consistent with grade level, position description, and performance. Employees will usually receive instructions from and make reports through established supervisory/managerial channels as described or depicted in pertinent position descriptions, organizational charts, and directives. Employees in the unit will be informed of whom they are to look to for supervision and performance appraisal.

Section 11. Polygraph Tests

The Department will not ordinarily request or require an employee in the bargaining unit to submit to a polygraph test.

Section 12. Required Membership and Participation in Professional Organizations

The Department agrees to pay for membership dues in professional associations whenever an employee is required to join such an organization by an appropriate level of Management in connection with the performance of his/her official duties. Such memberships shall be in the name of the Department for the employee. The Department also agrees to pay the expenses of employees for attendance at professional meetings, consistent with budget limitations and accounting regulations, provided it has been approved in advance by an appropriate level of Management.

Section 13. Work Plans

Employees have the right to propose new and innovative ways to carry out the mission or function of the Department. They may submit individual or joint work plans which may include elements such as methods to better accomplish a mission or function of the Department. Appropriate Management will review the plans as to feasibility. If an employee's plan is rejected, the Department will inform the employee, in writing, as to why it was rejected.

Section 14. Services for Visually Disabled and/or Hearing Impaired Employees

a. Qualified Readers and Interpreters for Employees with Disabilities. The Department shall maintain a list(s) of qualified employees who may be requested to interpret for hearing-impaired or read for visually disabled employees when needed to assist in the accomplishment of official work. Any employee in the bargaining unit who performs such a service shall be allowed official time in which to do such work.
b. Taped documents. The Department shall maintain and provide, for the use of visually disabled employees, taped copies of:

(1) this Agreement; and
(2) regulations and other documents needed by visually disabled employees in their jobs, in accordance with Section 504 of the Rehabilitation Act.

c. Teletypewriter for Employees with Hearing Impairments. The Department will continue to maintain a teletypewriter in buildings where there are employees with hearing impairments, for those employees' use.
d. With respect to the provisions of this Section, as existing technology becomes outdated, the Department will provide modern technology consistent with budgetary limitations.

Section 15. Travel

Consistent with Management's right to assign work and direct employees and in accordance with law and government regulations, Management will consider employees' personal needs with respect to scheduling travel, and Management will not ordinarily require travel on the weekends for activities over which the Department has control.

Section 16. Personnel Records

a. Official personnel records will be collected, maintained, or retained in accordance with law, Government-wide regulations, and this Agreement.
b. Employees and/or their authorized representatives, in accordance with 29 CFR 70a, may be granted reasonable amounts of official time, upon approval of the supervisor, to:

(1) examine any of their personnel records, except those limited by Office of Personnel Management and Department of Labor regulations; and
(2) submit to the appropriate Personnel Officer responses to material placed in the records.

Section 17. Complaints

Any complaints directed at individual employees that become part of the personnel records will be available for review upon request by the employee in accordance with Section 16 of this Article.