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., search warrant). This does not apply to vehicle inspections conducted at entry control points. 6. Searches should normally be conducted by individuals properly trained in the collection of evidence, such as military or civilian law enforcement personnel. When trained personnel are not readily available, it is recommended that the suspected item(s) or area(s) be sealed by the Agency pending the arrival of such trained personnel in order to prevent tampering or mishandling of evidence. However, it is the Agency’s right to conduct their investigation as they see fit. 7. When a search of the work area is conducted as a result of surreptitious activity, such as a bomb threat or a terrorist attack, the Agency is not required to give the employees notification of an impending search.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
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. This section does not apply to inspections of government issued property or equipment required by Department of the Army or Air Force regulations during the course of scheduled or periodic evaluations (e.g. COMET or UCI).
2. Pursuant to an investigation, an Agency-directed search or inspection of an employee’s personal property, or individually-issued 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 may 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 open, search, 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 or inspection of an employee's personal property (e.g. clothes, privately owned vehicle, book bag, etc.) or government-issued said property or equipment in possession of the employee is required to be conducted as a result of a criminal investigation legally authorized search (e.g.i.e., 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.
54. The Agency will will, in writing, 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., search warrant). This does not apply to vehicle inspections conducted at entry control points.
65. Searches should normally be conducted by individuals properly trained in the collection of evidence, such as military or civilian law enforcement personnel. When trained personnel are not readily available, it is recommended that the suspected item(s) or area(s) be sealed by the Agency pending the arrival of such trained personnel in order to prevent tampering or mishandling of evidence. However, it is the Agency’s right to conduct their investigation as they see fit.
76. When a search of the work area is conducted as a result of surreptitious activity, such as a bomb threat or a terrorist attack, the Agency is not required to give the employees notification of an impending search.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement