Searches of Personal and Government Property. 1. The search of work areas must be reasonable in scope, balancing an employee’s expectation of privacy against the Agency’s need to supervise and operate the workplace. The requirements of this section apply to when the search or inspection affects one or more bargaining unit employees.
2. Pursuant to an investigation, an Agency-directed search or inspection of an employee’s personal property, or government property in possession of the employee at the time of the inspection or search, shall be conducted in accordance with applicable Government-wide regulations, as well as any Agency directives in place at the time this Agreement goes into effect. Employees shall be entitled to request that a Union representative be present during any search conducted IAW with this section. This section does not apply to inspections of government issued property or equipment required by Department of the Army or other governing entity regulations during the course of scheduled or periodic evaluations or inspections (e.g. COMET or UCI or similar processes).
3. Emergencies notwithstanding (see Paragraph 5), and pursuant to an administrative investigation, the Agency shall not open or inspect an employee's personal property (e.g. clothes, privately owned vehicle, book bag, etc.) or government-issued property or equipment in possession of the employee outside of their presence.
4. If a search of an employee's personal property (e.g. clothes, privately owned vehicle, book bag, etc.) or government-issued property or equipment in possession of the employee is required to be conducted as a result of a criminal investigation (e.g., pursuant to a search warrant), the Agency shall:
a. Make an affirmative attempt to contact or notify the employee to let them know that a search is pending;
b. Ascertain whether the employee wishes to be present during the search or inspection;
c. Determine whether the employee wishes to have a Union representative present during the search or inspection; or,
d. If the employee cannot be physically present, whether they wish to have a Union representative present in their stead. Note: The request for a Union representative shall not unduly delay the search or impede the purpose for which the search is conducted.
5. The Agency will document in writing the date, time, and reasons for said search and provide the employee with a copy of this documentation within 24-hours of conducting the search, to include any official documents authorizing the search (i.e...
Searches of Personal and Government Property. 1. The search of work areas must be reasonable in scope, balancing an employee’s reasonable expectation of privacy against the Agency’s need to supervise and operate the workplace. Pursuant to an investigation, an Agency-directed search or inspection shall be conducted in accordance with applicable Agency and Government-wide regulations in place at the time this Agreement goes into effect. The requirements of this Section apply to searches or inspections affecting one or more bargaining unit employees.
2. As used in this Section, the terms search and inspection are interchangeable and apply to searches or inspections, whether visual, physical, or electronic of an employee as well as their personal property or government-issued property in their possession or custody at the time of the search or inspection. This includes but is not limited to:
a. Visual and/or physical searches to include pat-down searches or inspections of an employee’s body or body cavities. It also includes but is not limited to searches of clothing/apparel/footwear (whether it is currently being worn by the employee or not), vehicles (except in situations covered by Paragraph 3), physical storage containers (e.g., book bags, suitcases, briefcases, hardened cases, etc.), storage lockers, etc.
b. Physical or electronic search or inspection of cell/smart phones, computers, or other electronic communication or storage devices.
3. This Section does not apply to:
a. Vehicle inspections conducted at established bona fide entry control points (i.e., gate inspections) as established by the Agency (e.g., a facility commander) or host entity. Upon request, the Agency shall provide the Union with a list of all current entry control points.
b. Scheduled or periodic inspections of government property or equipment required by governing regulations and/or conducted by authorized local, state, or federal agencies with oversight or responsibility over such inspections. These include but are not limited to workplace inspections required by DoD or US Army or Air Force regulations (e.g., CMDP, CLRT, or OCI inspections), workplace safety inspections conducted by OSHA, and compliance inspections conducted by local agencies like the state fire marshal.
4. An employee has a right to:
a. Be present during any search or inspection of their personal property or of government- issued property in their possession or custody.
b. Have a Union representative present prior to and during any search or inspection.
c. Refu...
Searches of Personal and Government Property. 1. The search of work areas must be reasonable in scope. Pursuant to an investigation, an Agency-directed search or inspection shall be conducted in accordance with applicable Government-wide regulations in place at the time this Agreement goes into effect. The requirements of this Section apply to searches affecting one or more bargaining unit employees.
2. As used in this Section, the terms search and inspection cannot be used interchangeably. This Section applies to searches, whether visual, physical, or electronic conducted by the Agency of an employee as well as their personal property or government-issued property in their possession or custody at the time of the search. This includes but is not limited to:
a. Visual and/or physical searches to include pat-down searches of an employee’s body or body cavities. It also includes but is not limited to searches of clothing/apparel/footwear (whether it is currently being worn by the employee or not), vehicles (except in situations covered by Paragraph 3), physical storage containers (e.g., book bags, suitcases, briefcases, hardened cases, etc.), storage lockers, etc.
b. Physical or electronic search of cell/smart phones, computers, or other electronic communication or storage devices.
3. In order for a search to be legal and/or official, it must be approved by an Agency representative with the authority to issue such an order. The Agency has the right to determine who has the authority to issue such an order.
4. This Section does not apply to:
a. Vehicle inspections conducted at established bona fide entry control points (i.e., gate inspections).
b. Scheduled or periodic inspections of government property or equipment required by governing regulations and/or conducted by authorized local, state, or federal agencies with oversight or responsibility over such inspections. These include but are not limited to workplace inspections required by DoD or US Army or Air Force regulations (e.g., COMET, CLRT, ORI, or UCI inspections), workplace safety inspections conducted by OSHA, and compliance inspections conducted by local agencies like a state fire marshal.
c. Investigations conducted by outside law enforcement or other government agencies with jurisdiction.
5. An employee has a right to:
a. Be present during any search of their personal property or of government-issued property in their possession or custody except for circumstances covered by Paragraph 6, as long as that presence does not unduly delay or imped...
