ARTICLE 6- RIGHTS OF THE EMPLOYEE

Section a. Each employee shall have the right to form, join, or assist a labor organization, 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 by 5 USC, such right includes the right:

1. 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 government, the Congress, or other appropriate authorities; and

2. to engage in collective bargaining with respect to conditions of employment through representatives chosen by employees in accordance with 5 USC.

Section b. The parties agree that there will be no restraint, harassment, intimidation, reprisal, or any coercion against any employee in the exercise of any employee rights provided for in this Agreement and any other applicable laws, rules, and regulations, including the right:

1. to bring any matters of personal concern to the attention of any Management official, any other officials of the executive branch of government, the Congress, and any other authorities. The parties endorse the concept that matters of personal concern should be addressed at the lowest possible level; however, this does not preclude the employee from exercising the above-stated rights;

2. to be treated fairly and equitably in all aspects of personnel management;

3. to be free from discrimination based on their political affiliation, race, color, religion, national origin, sex, marital status, age, handicapping condition, Union membership, or Union activity;

4. to direct and pursue their private lives without interference by the Employer or the Union, except in situations where there is a nexus between the employee's conduct and their position. This does not preclude a representative of the Employer or the Union from contacting bargaining unit staff for legitimate work-related matters;

5. to become or remain a member of a labor organization; and

6. to have all provisions of the Collective Bargaining Agreement adhered to.

Section c. The Employer agrees to distribute to all employees its understanding of legal protection that can be furnished to employees. Updates will be provided as necessary. Distribution will be in handout form and provided to current employees upon the effective date of this Agreement, and to new employees at the time they are hired.

Section d. If an employee has a problem or situation which the employee desires to discuss with the Union during working hours, upon request to their supervisor in advance and workload permitting, the employee may report to the Union official as approved. If the employee cannot be made available at that time, the supervisor will inform the employee when he/she can be made available. Perceived abuse of this section will be discussed and resolved at the local level. Frequent and repeated requests by the same employee may not be approved if perceived as abusive. When this occurs, the local Union President or designee will be informed.

Section e. Preferences regarding hairstyle and facial hair are a matter of individual concern. Employees will maintain a neat appearance and dress, considering the correctional environment, and such appearance and dress will not interfere with the security or safe running of the institution. The wearing of jewelry is a gender neutral issue. In the event of disputes, and prior to an employee being required to change their dress or appearance, alternatives will be explored.

Section f. Unit employees, including probationary employees, have the right to a Union representative during any examination by, or prior to submission of any written report to, a representative of the Employer 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 employee requests representation.

The Employer recognizes the Union's right to appoint and designate the Union representative of its choice.

Employees will be notified of their right to a Union representative by the Employer if an official examination authorized and/or initiated by the Warden or higher authority of the Bureau of Prisons could potentially lead to disciplinary action of said employee. This notification will be given prior to examination or submission of any written report by the employee. This is not intended to interfere with the routine questions supervisors ask employees in the normal course of a workday nor the routine memorandums that employees are asked to submit. The failure of the Employer to so inform the employee shall not affect the Employer in taking administrative action against the employee.

Section g. The Employer recognizes its statutory duty to annually inform its employees of their rights under Section f. This requirement is found in Section 7114 of 5 USC.

Section h. If the employee requests a Union representative under Sections f. or g., no further questioning will take place until the representative is present, provided that if the representative is not available within a reasonable period of time, the questioning and/or submission of a written report may proceed without the representative being present. Questioning and/or submission of a written report without a Union representative may go forward only where urgent circumstances could interfere with the safe and orderly running of the institution. Such questioning may proceed only when these urgent circumstances are documented and presented to the employee and/or his representative.

Reasonable time is defined as that time necessary for the designated representative from the local Union to travel to the site of the examination. The Union will promptly designate its representative and make reasonable efforts to avoid delay.

For those locations which have no representatives (i.e., CCM offices, new BOP facilities, etc.), reasonable time is the time necessary for the Union designated representative to travel to the examination site.

Section i. Employees being questioned by representatives of the Employer will be informed of the identity of the investigator, unless already known by the employee, and the investigator will present their credentials to the employee being interviewed and their Union representative, if applicable, prior to the commencement of the face-to-face questioning.

1. investigations/examinations under Section f. above will not take place at the residence of the employee without the consent of the employee;

2. time spent in investigations/examinations will be compensated in accordance with applicable pay regulations; and

3. no employee will be required to sign statements or affidavits that the employee believes to be inaccurate or incorrect.

Section j. When the Employer interviews employees to ascertain necessary facts in preparation for action involving a third party hearing, the Employer will provide certain safeguards to protect the employee's rights under 5 USC.

1. the Employer must inform the employee who is to be questioned of the purpose for the questioning, assure the employee that no reprisal will take place if the employee refuses, and obtain the employee's participation on a voluntary basis;

2. the questioning will occur in a context which is not coercive in nature; and

3. the questions will not exceed the scope of the legitimate purpose of the inquiry or otherwise interfere with the employee's statutory rights.

Section k. Any follow-up interviews conducted under Section f. above will be subject to the same requirements as outlined in that section.

Section l. In the interest of respect for all staff, the parties agree that reprimands and counseling sessions will be handled in a private setting whenever possible. Both parties further agree that the Employer and its representatives have the responsibility to instruct, advise, direct, and correct employees in a work setting in a manner that promotes a good working relationship.

Section m. Procedures for serving warrants or subpoenas at the employee's work site/institution are negotiable at the local level. During local negotiations regarding the service of warrants or subpoenas by local authorities (sheriffs, etc.), the privacy concerns of employees are an important consideration.

Section n. There are occasions when it is necessary for the Employer to remove employees from their work site or facility for safety or security reasons. When such an escorted departure is necessary, efforts will be made wherever possible to ensure that such actions are handled in a discrete manner.

Section o. Any employee covered by this Agreement may, without fear of penalty or reprisal, exercise their rights under the Whistleblower Protection Act, which includes the right to disclose gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. This act is codified in 5 USC, Section 1213.

Section p. The parties fully endorse the electronic fund transfer method of payment and strongly recommend that all staff utilize this method.

Employees entering on duty after the effective date of this Agreement will be required to receive their salary payment through electronic fund transfer as a condition of employment.

Employees on duty prior to the effective date of this Agreement may elect to receive their pay in one of three ways:

1. hand-delivered at the duty station;

2. delivered through the U.S. mail to an address of their choice; or

3. by electronic fund transfer to a financial institution of their choice.

Those employees who do not receive salary payments by the established payday will, at the affected employee’s request, receive the salary payment through a draft issued by the Financial Management office. The draft payment will be for the employee’s base salary, including premium, less normal withholdings.

Section q. The Employer and its employees bear a mutual responsibility to review documents related to pay and allowances in order to detect any overpayments/underpayments as soon as possible.

1. should the Employer detect that an employee has received an overpayment/underpayment, the Employer will notify the affected employee in writing;

2. should an employee realize that he/she has received an overpayment/underpayment, the employee will notify their first line supervisor in writing;

3. once it has been determined that an employee has received an overpayment, the Employer will inform the employee of the procedure for applying for a waiver of repayment of funds and, upon the employee's request, the Employer will assist the employee in completing and submitting the proper forms. All waivers are evaluated on a case-by-case basis in accordance with applicable laws, rules, and regulations;

4. the employee will not be required to make any payment on any overpayment of funds until the completion of the waiver process, if the waiver is denied;

5. if the waiver is denied, employees may avoid paying interest on the debt if full payment is made prior to the sixtieth day after the initial written notification; and

6. both parties agree that any repayment by the employee of a salary overpayment will be made to the National Finance Center (NFC) with the assistance of the Employer in accordance with existing regulations. This repayment may be made through payroll deductions or a cash payment for the full amount. This will be done to ensure that all adjustments, i.e., taxes, FICA, etc., are made in a timely fashion.

Section r. If a supervisor maintains an informal file about an employee, the employee shall be given an opportunity to see any notation as soon as practicable, and before the notation is used officially, but no later than fifteen (15) working days after the notation is made.

Section s. All contributions to charities, causes, and functions are to be a matter of personal concern and strictly voluntary in nature.

Section t. In matters relating to employee's indebtedness, the parties agree to abide by the provisions of 5 CFR, Section 2635.809, which states:

"Employees shall satisfy in good faith their obligations as citizens, including all just financial obligations, especially those such as Federal, State, or local taxes that are imposed by law. For purposes of this section, a just financial obligation includes any financial obligation acknowledged by the employee or reduced to judgement by a court. In good faith means an honest intention to fulfill any just financial obligation in a timely manner. In the event of a dispute between an employee and an alleged creditor, this section does not require an agency to determine the validity or amount of the disputed debt or to collect a debt on the alleged creditor's behalf."

ARTICLE 7- RIGHTS OF THE UNION

Section a. There will be no restraint, interference, coercion, or discrimination against any employee in the statutory exercise of any right to organize and designate representatives of their own choosing for the purposes of collective bargaining, presentation of grievances, labor management related activity, representation of employees before the Employer, or upon duly designated Union representatives acting as an agent of the Union on behalf of an employee or group of employees in the bargaining unit.

Section b. In all matters relating to personnel policies, practices, and other conditions of employment, the Employer will adhere to the obligations imposed on it by the statute and this Agreement. This includes, in accordance with applicable laws and this Agreement, the obligation to notify the Union of any changes in conditions of employment, and provide the Union the opportunity to negotiate concerning the procedures which Management will observe in exercising its authority in accordance with the Federal Labor Management Statute.

Section c. The Union will notify the Employer of the identity of its officers and representatives in writing. When additions/deletions to this list are made, the Union will notify the Employer at its earliest convenience.

Section d. Union representatives are authorized to perform and discharge the duties and responsibilities which are assigned to them by the Union in accordance with applicable laws, rules, regulations, this Agreement, and applicable supplemental agreements.

Section e. Union representatives will be permitted to leave their work sites to perform and discharge their representational responsibilities after being properly relieved. This will be done in accordance with the following:

1. local Union representatives desiring to perform and discharge their responsibilities must request the time from their supervisor prior to leaving the work site. When Management initiates the need for a representative, Management will coordinate with the affected supervisor and secure the representative's relief. If initiated by the Union, the representative will inform the supervisor of the anticipated time that the representative will be away from the work site, where the representative may be contacted, and the general nature of the function to be performed (i.e., meeting, complaint, etc.). It is understood that specific individuals or problems will not be discussed;

2. for the purpose of representation (i.e., investigatory examinations, to assist an employee with a problem, disciplinary meetings, etc.), the supervisor will ensure that the designated representative is expeditiously relieved. If the representative is unable to be relieved, the function that the representative requested to be relieved for will be rescheduled to a time when the representative is able to attend.

For the purpose of pre-scheduled meetings to which the Union has membership, the Employer will provide the Union with a list of scheduled meetings for the month. If the Union designates a representative for these meetings, the supervisor will ensure that the designated representative is relieved to attend the meeting; and

3. upon returning to the work site, representatives will notify their supervisor. The supervisor shall calculate the amount of time used and forward it to the timekeeper for the time and attendance record.

Section f. The Employer and the Union agree to the scheduling, at the local level, of at least one Union representative, designated by the Union, to daytime hours of work. Daytime hours of work is defined as those hours between 6:00 a.m. to 6:00 p.m., Monday through Friday. This will be done in accordance with the Employer's rotation policy, if applicable, provided that this does not adversely affect the Union's ability to provide representation.

Section g. Provided that there is no significant disruption of departmental operations, the work schedule of the local Union President and at least two other local Union officers will be adjusted, at the Union's request, to allow these individuals to attend Union meetings. The Union will coordinate the schedule change with the appropriate supervisor(s), and the Union will address any concerns of employees affected by the change.

Section h. Union representatives who are not employees of a specific local Bureau of Prisons managed facility who desire admission to the facility will be allowed access as follows:

1. employees of the Agency who are representatives of the Union will be allowed access to any Bureau of Prisons managed facility in the same manner as any visiting employee;

2. Union representatives who are not employees of the Agency will be allowed access to Bureau of Prisons managed facilities in the same manner as other official visitors; and

3. it shall be the responsibility of the local Union to advise the Employer, in advance and in writing, when visits by Union officials described in (1) and (2) above are planned, whenever possible.

Section i. Council representatives, when scheduled to meet with representatives of the Employer in pre-arranged meetings, will have their work week adjusted, upon written request, if it conflicts with the scheduled meeting.

Section j. In accordance with 5 USC, 552a (Privacy Act):

1. the local President will be notified of any proposals or decisions regarding disciplinary or adverse action against bargaining unit staff, and such notification will include the charge(s) and the proposed/decided upon corrective action; and

2. In cases where a disciplinary action or adverse action has been proposed, but no grievance has been filed, the Union will be notified of the terms of the settlement between the Employer and the employee. This notice will include reference to the date the proposal was issued, but will not include individual identifiers, except as outlined in Section j (1). This will not affect the Union’s entitlement to data pursuant to the statute.

Section k. The Union and the Employer recognize the role of the Union at the local level. The Union's participation in local Institutional Familiarization Training may be a subject for local negotiation. Regardless of Union participation, the Agency will inform new employees at Institutional Familiarization Training of the specific local Union designation and identify the officers of the local Union.

Section l. The Union will be given the opportunity to be present at formal discussions and meetings between the Employer and employees covered by this Agreement concerning grievances, personnel policies and practices, and any other matter affecting general working conditions of employees covered by this Agreement.

The following procedures will be used in providing notice of a formal discussion/meeting to the Union:

1. whenever possible, the Employer will notify the local Union president, or his/her designee, at least twenty-four (24) hours prior to the scheduled discussion/ meeting; and

2. notification will include the date, time, and location of the discussion/meeting. Whenever possible, the notification should also include a brief description of the topic(s) to be discussed.

The Union will inform the Employer of who will represent the Union at the discussion/meeting.

Relief for the Union representative will be accomplished in accordance with Section e. of this article.

Section m. The Union has the right to refer allegations of misconduct by any other employee, including representatives of the Employer, to the Office of Internal Affairs.

Section n. The parties agree that they and their representatives will not make statements or post notices in inmate access areas which would endanger staff or the security of the institution.