Article 42
Right to Representation
History

Section 1. General

Any employee in the bargaining unit has the right to have Union representation for matters covered by the negotiated grievance procedure or as otherwise provided for in this Agreement.

Section 2. Investigative Examinations

a. A Union representative shall be given the opportunity to be present at any examination of an employee in the bargaining unit by a representative of the Department in connection with an investigation if:

(1) the employee reasonably believes that the examination may result in disciplinary action against the employee; and
(2) the unit employee requests representation.

b. If an employee in the bargaining unit requests a Union representative, Management will reschedule (as soon as possible) the meeting with the Union representative given the opportunity to be present. Management will schedule the meeting at a time mutually convenient to Management, the Union, and the employee.
c. The Department will annually inform unit employees of their rights under this Section.

Section 3. Meetings, Discipline, or Potential Discipline

a. An employee in the bargaining unit has the right to have a Union representative present at any meeting between the employee and a supervisor or Management official in which discipline or potential discipline is to be discussed.
b. If discipline or potential discipline enters into a discussion during a meeting between an employee in the bargaining unit and a supervisor or Management official, the employee is entitled to request to be accompanied by a Local 12 representative. If such a request is made, the supervisor or Management official will honor the request and reschedule (as soon as possible) the meeting with the Union representative given the opportunity to be present.

Section 4. Adverse Actions

In major adverse actions involving a suspension of more than fourteen (14) days, a removal, or a reduction in grade or pay taken under 5 U.S.C. 4303 and 7512, the employee will be informed in advance of his/her right to Union representation.