Common use of Representational Rights Clause in Contracts

Representational Rights. A. If the employee wishes to discuss a problem or potential grievance with a Union representative, the employee shall have the right to contact and meet with the Union representative on duty time. The employee will be released from duties to contact and meet with the Union representative when he/she requests to exercise this right, unless there is a need to provide immediate service balanced with the employee’s need to meet with a union representative. If the employee’s request to meet with the union representative cannot be immediately approved, management will make a reasonable effort to allow the employee to meet with the union representative by the end of the work day that the request was made. If management cannot accommodate the employee’s request, the employee will be allowed to meet with his/her union representative the next work day. Delaying an employee’s release will extend by one workday any time limits that may apply to the representational matter. B. When the manager is aware that a meeting may result in disciplinary action, the manager will inform the employee of the general purpose of the meeting and will inform the employee of his/her right to have a union representative present if he/she chooses. If the employee reasonably believes that the event may result in a disciplinary action against him/her, he/she may request union representation. Once an employee chooses to exercise this right by requesting representation, no further questioning or action will take place until the employee's representative is present, provided no unreasonable delay occurs. However, this does not apply to routine work related conversations. C. Consistent with 5 U.S.C. 71, the Employer will not communicate directly with employees regarding conditions of employment in a manner which will improperly bypass the Union under law. 1. The Administration will provide the Union with reasonable advance written notice of personnel surveys concerning conditions of employment that involve bargaining unit employees when such surveys are initiated at the SSA national level; the national component level; the regional level; or by ODAR Headquarters or a DOC or PSC. The Administration will also provide the Union with an advance written copy of survey results as soon as possible after completion. If the results of the survey will not be made available in a reasonable amount of time, the Agency will provide the Union with an anticipated receipt date. This section is not intended to preclude any Union involvement in such surveys that may exist in accordance with 5 U.S.C. 71. It is further understood that employee surveys will conform to the requirements of 5 U.S.C. 71. 2. If the agency elects to use focus groups that utilize bargaining unit employees, the agency will consult with AFGE on the number of bargaining unit participants, which employees participate, the topics to be discussed, etc. 1. Consistent with 5 U.S.C. 7114(a)(2)(A), as the exclusive representative of unit employees, the Union shall be given the opportunity to be represented at any formal discussion, including those conducted via electronic communication media (e.g., IVT, conference call), between one or more representatives of the Agency and one or more employees or their representatives concerning any grievance, formal EEO complaint settlement discussions to the extent required by law or any personnel policy or practices or other general condition of employment. The agency will give the designated Union representative sufficient advance notice to exercise its rights under this section. 2. The attendance of the designated Union representative will be acknowledged by the Agency at the start of such formal discussions. In accordance with the statute, the Union's representative will be given the opportunity to ask questions relative to the matter being discussed on behalf of the employees, and may make a brief statement as to the Union's position on the matter under discussion. The parties agree to maintain professional decorum throughout the discussion. Management is under no obligation to delay the start of the meeting if the Union Representative is not present. F. When an employee is being interviewed by an SSA investigative official and criminal charges against the employee are being considered, the employee will be informed that criminal misconduct is involved and will be advised of his/her right to be represented by an attorney and/or the Union at the interview and the right to remain silent. G. In conducting investigations regarding a non-criminal matter that may result in an adverse determination about an employee’s rights, benefits, and privileges, the parties are reminded that the Privacy Act requires that, to the extent practicable, information should be initially collected directly from the subject employee.

Appears in 2 contracts

Samples: National Agreement, National Agreement

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Representational Rights. A. If the employee wishes to discuss a problem or potential grievance with a Union representative, the employee shall have the right to contact and meet with the Union representative on duty time. The employee will be released from duties to contact and meet with the Union representative when he/she requests to exercise this right, unless there is a need to provide immediate service balanced with the employee’s need to meet with a union representative. If the employee’s request to meet with the union representative cannot be immediately approved, management will make a reasonable effort to allow the employee to meet with the union representative by the end of the work day that the request was made. If management cannot accommodate the employee’s request, the employee will be allowed to meet with his/her union representative the next work day. Delaying an employee’s release will extend by one workday any time limits that may apply to the representational matter. B. When the manager is aware that a meeting may result in disciplinary action, the manager will inform the employee of the general purpose of the meeting and will inform the employee of his/her right to have a union representative present if he/she choosesmeeting. If the an employee reasonably believes that the event may result in a disciplinary action against him/her, he/she may request union representation. Once an employee chooses to exercise this right by requesting representation, no further questioning or action will take place until the employee's a union representative is presentpresent (including via technology), provided no unreasonable delay occurs. However, this The union representative cannot answer for the employee. This does not apply to routine work related conversations. C. Consistent with 5 U.S.C. 71, the Employer will not communicate directly with employees regarding conditions of employment in a manner which will improperly bypass the Union under law. 1. The Administration will provide the Union with reasonable advance written notice of personnel surveys concerning conditions of employment that involve bargaining unit employees when such surveys are initiated at the SSA national level; the national component level; the regional level; or by ODAR OHO Headquarters or a DOC or PSC. The Administration will also provide the Union with an advance written copy of the survey results as soon as possible after completion. If the results of the survey will not be made available in a reasonable amount of time, the Agency will provide the Union with an anticipated receipt date. This section is not intended to preclude any Union involvement in such surveys that may exist in accordance with 5 U.S.C. 71. It is further understood that employee surveys will conform to the requirements of 5 U.S.C. 71. 2. If the agency elects to use focus groups that utilize bargaining unit employees, the agency will consult with AFGE on the number of bargaining unit participants, which employees participate, the topics to be discussed, etc. 1. Consistent with 5 U.S.C. 7114(a)(2)(A), as the exclusive representative of unit employees, the Union shall be given the opportunity to be represented at any formal discussion, including those conducted via electronic communication media (e.g., IVT, conference call), between one or more representatives of the Agency and one or more employees or their representatives concerning any grievance, formal EEO complaint settlement discussions to the extent required by law law, or any personnel policy or practices or other general condition of employment. The agency will give the designated Union representative sufficient advance notice to exercise its rights under this section. 2. The attendance of the designated Union representative will be acknowledged by the Agency at the start of such formal discussions. In accordance with the statuteStatute, the Union's representative will be given the opportunity to ask questions relative to the matter being discussed on behalf of the employees, and may make a brief statement as to the Union's position on the matter under discussiondiscussion as long as the representative does not usurp, disrupt, or take charge of the meeting. The parties agree to maintain professional decorum throughout the discussion. Management is under no obligation to delay the start of the meeting if the Union Representative is not present. F. When an employee is being interviewed by an SSA investigative official and criminal charges against the employee are being considered, the employee will be informed that criminal misconduct is involved and will be advised of his/her right to be represented by an attorney and/or the Union at the interview and the right to remain silent. G. In conducting investigations regarding a non-criminal matter that may result in an adverse determination about an employee’s rights, benefits, and privileges, the parties are reminded that the Privacy Act requires that, to the extent practicable, information should be initially collected directly from the subject employee.

Appears in 1 contract

Samples: National Agreement

Representational Rights. A. If the employee wishes to discuss a problem or potential grievance with a Union representative, the employee shall have the right to contact and meet with the Union representative on duty time. The employee will be released from duties to contact and meet with the Union representative when he/she she/they requests to exercise this right, unless there is a need to provide immediate service balanced with the employee’s need to meet with a union representative. If the employee’s request to meet with the union representative cannot be immediately approved, management will make a reasonable effort to allow the employee to meet with the union representative by the end of the work day that the request was made. If management cannot accommodate the employee’s request, the employee will be allowed to meet with his/her union representative the next work daywhen operational needs permit. Delaying an employee’s release will extend by one workday any time limits that may apply to the representational matter. B. When the manager is aware that a meeting may result in disciplinary action, the manager will inform the employee of the general purpose subject matter of the meeting and will inform the employee of his/her her/their right to have a union representative present if he/she choosesshe/they choose(s). This does not apply to routine work-related conversations. If the an employee reasonably believes that the event a meeting with management may result in a disciplinary action against him/her/them, he/she she/they may request union representation. Once an employee chooses to exercise this right by requesting representation, no further questioning or action will take place until the employee's a union representative is presentpresent (including via technology), provided no unreasonable delay occurs. HoweverThe union’s role is advisory in nature for these meetings. The union representative cannot answer for the employee, this does not apply nor tell the employee how to routine work related conversationsrespond. C. Consistent with 5 U.S.C. 71, the Employer will not communicate directly with employees regarding conditions of employment in a manner which will improperly bypass the Union under law. This does not apply to routine work-related conversations. 1. The Administration Agency will provide the Union with reasonable advance written notice of personnel surveys concerning conditions of employment that involve bargaining unit employees when such surveys are initiated at the SSA national level; the national component level; the regional level; or by ODAR OHO Headquarters or a DOC or PSC. The Administration Upon request, the Agency will also provide the Union with an advance written copy of the survey results as soon as possible after completion. If the requested results of the survey will not be made available in a reasonable amount of time, the Agency will provide the Union with an anticipated receipt date. This section is not intended to preclude any Union involvement in such surveys that may exist in accordance with 5 U.S.C. 71. It is further understood that employee surveys will conform to the requirements of 5 U.S.C. 71. 2. If the agency Agency elects to use focus groups that utilize bargaining unit employees, the agency will consult with AFGE on the number of bargaining unit participants, which employees participate, the topics to be discussed, etc. 1. Consistent with 5 U.S.C. 7114(a)(2)(A), as the exclusive representative of unit employees, the Union shall be given the opportunity to be represented at any formal discussion, including those conducted via electronic communication media (e.g., IVTMS Teams or subsequent successor technology, conference call), between one or more representatives of the Agency and one or more employees or their representatives concerning any grievance, formal EEO complaint settlement discussions to the extent required by law law, or any personnel policy or practices or other general condition of employment. The agency will give the designated Union representative sufficient advance notice to exercise its rights under this section. 2. The attendance of the designated Union representative will be acknowledged by the Agency at the start of such formal discussions. In accordance with the statute, the Union's representative will be given the opportunity to ask questions relative to the matter being discussed on behalf of the employees, and may make a brief statement as to the Union's position on the matter under discussion. The parties agree to maintain professional decorum throughout the discussion. Management is under no obligation to delay the start of the meeting if the Union Representative is not present. F. When an employee is being interviewed by an SSA investigative official and criminal charges against the employee are being considered, the employee will be informed that criminal misconduct is involved and will be advised of his/her right to be represented by an attorney and/or the Union at the interview and the right to remain silent. G. In conducting investigations regarding a non-criminal matter that may result in an adverse determination about an employee’s rights, benefits, and privileges, the parties are reminded that the Privacy Act requires that, to the extent practicable, information should be initially collected directly from the subject employee.of

Appears in 1 contract

Samples: National Agreement

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Representational Rights. A. If the employee wishes to discuss a problem or potential grievance with a Union representative, the employee shall have the right to contact and meet with the Union representative on duty time. The employee will be released from duties to contact and meet with the Union representative when he/she requests to exercise this right, unless there is a need to provide immediate service balanced with the employee’s need to meet with a union representative. If an employee wishes to discuss a representational matter with a Union representative, the employee’s request employee shall have the right to contact and meet with the union Union representative cannot be immediately approved, management will make a reasonable effort to allow the employee to meet with the union representative by the end of the work day that the request was madeon duty time. If management cannot accommodate the employee’s requestNormally, the employee will be allowed released from duties to contact and meet with the Union representative when he/she requests to exercise this right. The release may be delayed for up to one workday when release at the requested time would conflict with the need to provide immediate service balanced with the employee’s need to meet with his/her union representative a Union representative, and no harm to the next work dayemployee would result. Delaying an employee’s release will extend by one workday any time limits that may apply to the representational matter. B. When the manager is aware that a meeting may result in disciplinary action, the manager will inform the employee of the general purpose of the meeting and will inform the employee of his/her right to have a union representative present if he/she choosesmeeting. If the employee reasonably believes that the event may result in a disciplinary action against him/her, he/she may request union representation. Once an employee chooses to exercise this right by requesting representation, no further questioning or action will take place until the employee's representative is present, provided no unreasonable delay occurs. However, this does not apply to routine work related conversations. C. Consistent with 5 U.S.C. 71, the Employer will not communicate directly with employees regarding conditions of employment in a manner which will improperly bypass the Union under law. 1. D. The Administration will provide the Union with reasonable advance written notice of written personnel surveys concerning conditions of employment that involve bargaining unit employees when such surveys are initiated at the SSA national level; the national component level; the regional level; or by ODAR OHA Headquarters or a DOC or PSC. The Administration will also provide the Union with an advance written copy of survey results as soon as possible after completion. If the results of the survey will not be made available in a reasonable amount of time, the Agency will provide the Union with an anticipated receipt date. This section is not intended to preclude terminate any Union involvement in such surveys that may exist in accordance with 5 U.S.C. 71. It is further understood that employee surveys will conform to the requirements of 5 U.S.C. 71. 2. If the agency elects to use focus groups that utilize bargaining unit employees, the agency will consult with AFGE on the number of bargaining unit participants, which employees participate, the topics to be discussed, etc. 1. Consistent with 5 U.S.C. 7114(a)(2)(A), as the exclusive representative of unit employees, the Union shall be given the opportunity to be represented at any formal discussion, including those conducted via electronic communication media (e.g., IVT, conference call), discussion between one or more representatives of the Agency and one or more employees or their representatives concerning any grievance, formal EEO complaint settlement discussions to the extent required by law or any personnel policy or practices or other general condition of employment. The agency will give the designated Union representative sufficient advance notice to exercise its rights under this section. 2. The attendance of the designated Union representative will be acknowledged by the Agency at the start of such formal discussions. In accordance with the statute, the Union's representative will be given the opportunity to ask questions relative to the matter being discussed on behalf of the employees, and may make a brief statement as to the Union's position on the matter under discussion. The parties agree to maintain professional decorum throughout the discussion. Management is under no obligation to delay the start of the meeting if the Union Representative is not present. F. When an employee is being interviewed by an SSA investigative official and criminal charges against the employee are being considered, the employee will be informed that criminal misconduct is involved and will be advised of his/her right to be represented by an attorney and/or the Union at the interview and the right to remain silent. G. In conducting investigations regarding a non-criminal matter that may result in an adverse determination about an employee’s rights, benefits, and privileges, the parties are reminded that the Privacy Act requires that, to the extent practicable, information should be initially collected directly from the subject employee.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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