Common use of Searches of Personal and Government Property Clause in Contracts

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. Refuse a request to search, inspect, or seize their personal property unless the search, inspection, or seizure is pursuant to a search order or warrant issued by competent authority. This includes the right to refuse to provide passwords or other credentials used to secure personally owned electronic devices. 5. An employee does not have a right to be present when a search or inspection of personal or government-issued property in their possession or custody is conducted under the following circumstances. However, the requirements of Paragraph 8 shall be observed: a. Seized into evidence pursuant to an order or warrant and the search or inspection can only be accomplished at a location other than where the property was initially confiscated due to the technical or scientific nature of the search or inspection methods employed (i.e., forensic-type inspection or testing). b. When a search takes place in a restricted/secure area such as a COMSEC vault or any other type of room or facility where entry is normally restricted per governing regulations and where the employee or their Union representative does not already have the authority to enter. 6. An employee’s right to be present and/or their right to have a Union representative present shall not unduly delay or impede a search or inspection. The mere fact that the employee or their Union representative is physically present in the general area where a search or inspection is taking place will not be considered an impediment. The employee and/or their Union representative shall be allowed within a close enough proximity that they are able to substantively observe the actions of the individual(s) conducting the search, to include the ability to discern and/or identify the types of items being searched or inspected including their contents (as applicable). 7. Prior to any search or inspection IAW this Section, the Agency shall make an affirmative attempt to make positive contact with the employee to let them know that a search is pending and to notify them of their rights IAW this Agreement. When an employee is incapacitated and unable to either be present or appoint a representative, the Agency shall contact the employee’s spouse, next of kin, or other individual with the legal authority to act on behalf of the employee and exercise the rights contained herein on their behalf. The employee’s rights include, but are not limited to: a. Notice of whether the search or inspection is pursuant to an administrative or criminal investigation and whether it is supported by an order or search warrant. When supported by an order or warrant: (1) Providing the employee with a physical copy of the order or warrant authorizing the search or inspection. If the employee is not present, the order or warrant can be served electronically; and, (2) Allowing a reasonable amount of time for the employee to review the order or warrant and seek clarification regarding the content and scope of the search. b. If the search is not supported by an order or warrant, notify the employee that absent an order or search warrant they do not have to consent to the search or inspection of personal property. c. If supported by a search warrant or if the employee consents: (1) Determine whether the employee wishes to be present during the search or inspection; and, (2) Determine whether the employee wishes to have a Union representative present during the search or inspection. 8. A search or inspection authorized by an order or warrant may be conducted outside of the presence of an employee when the Agency exhausts all reasonable attempts to make positive contact. In this case, the Agency shall notify the Union of the pending search and allow them the opportunity to be present regardless of whether it was requested by the employee and as long as that presence does not impede the investigation. The Agency will document the date, time, and reasons for said search and provide the employee and/or the Union with a copy of this documentation within twenty-four (24) hours of conducting the search, to include an inventory of any items seized/confiscated and a point of contact for the investigation and any items seized/confiscated. In so far as a search or inspection of a personally owned electronic device is concerned, the Agency shall provide the employee with a summary of all files or items accessed, downloaded, or reviewed while the item was in the Agency’s custody. 9. Searches should normally be conducted by individuals professionally trained in the collection of evidence, such as 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. 10. When a search or inspection of the work area is conducted as a result of an emergency (e.g., search for a lost tool that causes the grounding of aircraft) or due to surreptitious activity (e.g., a bomb threat or other security incident), the Agency is not required to give employees notification of an impending search nor does an employee have a right to be present during the search if such notice or presence hinders the Agency’s ability to respond.

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). No later than thirty (30) as established days after approval of this Agreement by the Agency (e.g., a facility commander) or host entity. Upon request, DCPAS the Agency shall provide the Union with a list of all current entry control points. The Agency shall also notify the Union anytime an entry control point is opened, closed, or moved. 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., CMDPCOMET, CLRT, or OCI UCI inspections), workplace safety inspections conducted by OSHA, and compliance inspections conducted by local agencies like the state fire marshal. c. Testing conducted pursuant to Article 28. 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. Refuse a request to search, inspect, or seize their personal property unless the search, inspection, or seizure is pursuant to a search an order or search warrant issued by competent authority. This includes the right to refuse to provide passwords or other credentials used to secure personally owned electronic devices. 5. An employee does not have a right to be present when a search or inspection of personal or government-issued property in their possession or custody is conducted under the following circumstances. However, the requirements of Paragraph 8 shall be observed: a. Seized into evidence pursuant to an order or a warrant and the search or inspection can only be accomplished at a location other than where the property was initially confiscated due to the technical or scientific nature of the search or inspection methods employed (i.e., forensic-type inspection or testing). b. When a search takes place in a restricted/secure area such as a COMSEC vault or any other type of room or facility where entry is normally restricted per governing regulations and where the employee or their Union representative does not already have the authority to enter. 6. An employee’s right to be present and/or their right to have a Union representative present shall not unduly delay or impede a search or inspection. The mere fact that the employee or their Union representative is physically present in the general area where a search or inspection is taking place will not be considered an impediment. The employee and/or their Union representative shall be allowed within a close enough proximity that they are able to substantively observe the actions of the individual(s) conducting the search, to include the ability to discern and/or identify the types of items being searched or inspected including their contents (as applicable). 7. Prior to any search or inspection IAW this Section, the Agency shall make an affirmative attempt to make positive contact with the employee to let them know that a search is pending and to notify them of their rights IAW this Agreement. When an employee is incapacitated and unable to either be present or appoint a representative, the Agency shall contact the employee’s spouse, next of kin, or other individual with the legal authority to act on behalf of the employee and exercise the rights contained herein on their behalf. The employee’s rights include, but are not limited to: a. Notice of whether the search or inspection is pursuant to an administrative or criminal investigation and whether it is supported by an order or a search warrant. When supported by an order or a warrant: (1) Providing the employee with a physical copy of the order or warrant authorizing the search or inspection. If the employee is not present, the order or warrant can be served electronically; and, (2) Allowing a reasonable amount of time for the employee to review the order or warrant and seek clarification regarding the content and scope of the search. b. If the search is not supported by an order or a warrant, notify the employee that absent an order or a search warrant they do not have to consent to the search or inspection of personal property. c. If supported by a search warrant or if the employee consents: (1) Determine whether the employee wishes to be present during the search or inspection; and, (2) Determine whether the employee wishes to have a Union representative present during the search or inspection. 8. A search or inspection authorized by an order or a warrant may be conducted outside of the presence of an employee when the Agency exhausts all reasonable attempts to make positive contact. In this case, the Agency shall notify the Union of the pending search and allow them the opportunity to be present regardless of whether it was requested by the employee and as long as that presence does not impede the investigation. The Agency will document the date, time, and reasons for said search and provide the employee and/or the Union with a copy of this documentation within twenty-four (24) hours of conducting the search, to include an inventory of any items seized/confiscated and a point of contact for the investigation and any items seized/confiscated. In so far as a search or inspection of a personally owned electronic device is concerned, the Agency shall provide the employee with a summary of all files or items accessed, downloaded, or reviewed while the item was in the Agency’s custody. 9. Searches should normally be conducted by individuals professionally trained in the collection of evidence, such as 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. 10. When a search or inspection of the work area is conducted as a result of an emergency (e.g., search for a lost tool that causes the grounding of aircraft) or due to surreptitious activity (e.g., a bomb threat or other security incident), the Agency is not required to give employees notification of an impending search nor does an employee have a right to be present during the search if such notice or presence hinders the Agency’s ability to respond.

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 patxxx-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). No later than thirty (30) as established days after approval of this Agreement by the Agency (e.g., a facility commander) or host entity. Upon request, DCPAS the Agency shall provide the Union with a list of all current entry control points. The Agency shall also notify the Union anytime an entry control point is opened, closed, or moved. 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, COMET or OCI CLRT 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. Refuse a request to search, inspect, or seize their personal property unless the search, inspection, or seizure is pursuant to a search written order or warrant issued by a competent authorityauthority (e.g., a warrant). This includes the right to refuse to provide passwords or other credentials used to secure personally owned electronic devices. 5. An employee does not have a right to be present when a search or inspection of personal or government-issued property in their possession or custody is conducted under the following circumstances. However, the requirements of Paragraph 8 shall be observed: a. Seized into evidence pursuant to an a written order or warrant and the search or inspection can only be accomplished at a location other than where the property was initially confiscated due to the technical or scientific nature of the search or inspection methods employed (i.e., forensic-type inspection or testing). b. When a search takes place in a restricted/secure area such as a COMSEC vault or any other type of room or facility where entry is normally restricted per governing regulations and where the employee or their Union representative does not already have the authority to enter. 6. An employee’s right to be present and/or their right to have a Union representative present shall not unduly delay or impede a search or inspection. The mere fact that the employee or their Union representative is physically present in the general area where a search or inspection is taking place will not be considered an impediment. The employee and/or their Union representative shall be allowed within a close enough proximity that they are able to substantively observe the actions of the individual(s) conducting the search, to include the ability to discern and/or identify the types of items being searched or inspected including their contents (as applicable). 7. Prior to any search or inspection IAW this Section, the Agency shall make an affirmative attempt to make positive contact with the employee to let them know that a search is pending and to notify them of their rights IAW this Agreement. When an employee is incapacitated and unable to either be present or appoint a representative, the Agency shall contact the employee’s spouse, next of kin, or other individual with the legal authority to act on behalf of the employee and exercise the rights contained herein on their behalf. The employee’s rights include, but are not limited to: a. Notice of whether the search or inspection is pursuant to an administrative or criminal investigation and whether it is supported by an order or search warranta written order. When supported by an order or warranta written order: (1) Providing the employee with a physical copy of the written order or warrant authorizing the search or inspection. If the employee is not present, the written order or warrant can be served electronically; and, (2) Allowing a reasonable amount of time for the employee to review the written order or warrant and seek clarification regarding the content and scope of the search. b. If the search is not supported by an order or warranta written order, notify the employee that absent an a written order or search warrant they do not have to consent to the search or inspection of personal property. c. If supported by a search warrant written order or if the employee consents: (1) Determine whether the employee wishes to be present during the search or inspection; and, (2) Determine whether the employee wishes to have a Union representative present during the search or inspection. 8. A search or inspection authorized by an a written order or warrant may be conducted outside of the presence of an employee when the Agency exhausts all reasonable attempts to make positive contact. In this case, the Agency shall notify the Union of the pending search and allow them the opportunity to be present regardless of whether it was requested by the employee and as long as that presence does not impede the investigation. The Agency will document the date, time, and reasons for said search and provide the employee and/or the Union with a copy of this documentation within twenty-four (24) hours of conducting the search, to include an inventory of any items seized/confiscated and a point of contact for the investigation and any items seized/confiscated. In so far as a search or inspection of a personally owned electronic device is concerned, the Agency shall provide the employee with a summary of all files or items accessed, downloaded, or reviewed while the item was in the Agency’s custody. 9. Searches should normally be conducted by individuals professionally trained in the collection of evidence, such as 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. 10. When a search or inspection of the work area is conducted as a result of an emergency (e.g., search for a lost tool that causes the grounding of aircraft) or due to surreptitious activity (e.g., a bomb threat or other security incident), the Agency is not required to give employees notification of an impending search nor does an employee have a right to be present during the search if such notice or presence hinders the Agency’s ability to respond.

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 and 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 the employee is currently being worn by the employee wearing it 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.; and, 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). No later than thirty (30) as established days after approval of this Agreement by the Agency (e.g., a facility commander) or host entity. Upon request, DCPAS the Agency shall provide the Union with a list of all current entry control points.. The Agency shall also notify the Union anytime an entry control point is opened, closed, or moved; or, 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 for 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, COMET or OCI CLRT inspections), workplace safety inspections conducted by the Occupational Safety and Health Administration (OSHA), and compliance inspections conducted by local agencies like the state fire marshal. (1) When a potential exists for searches of individuals or their personal property pursuant to a scheduled or periodic inspection under sub-paragraph (b), the Agency shall provide a minimum of twenty-four (24) hours’ advanced notice to the Union and affected employees. Absent notice, an employee can refuse a request to search that does not comply with sub-paragraphs (a) and (b). 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.; and, c. Refuse a request to search, inspect, or seize their personal property unless the search, inspection, or seizure is pursuant to a search an order or warrant issued by competent authority. This includes the right to refuse to provide passwords or other credentials used to secure personally owned electronic devices. 5. An employee does not have a right to be present when a search or inspection of personal or government-issued property in their possession or custody is conducted under the following circumstances. However, the requirements of Paragraph 8 shall be observed: a. Seized into evidence pursuant to an Agency order or warrant and the search or inspection can only be accomplished at a location other than where the property was initially confiscated due to the technical or scientific nature of the search or inspection methods employed (i.e., forensic-forensic- type inspection or testing).; or, b. When a search takes place in a restricted/secure area such as a COMSEC vault or any other type of room or facility where entry is normally restricted per governing regulations and where the employee or their Union representative does not already have the authority to enter. 6. An employee’s right to be present and/or their right to have a Union representative present shall not unduly delay or impede a search or inspection. The mere fact that the employee or their Union representative is physically present in the general area where a search or inspection is taking place will not be considered an impediment. The employee and/or their Union representative shall be allowed within a close enough proximity that they are able to substantively observe the actions of the individual(s) conducting the search, to include including the ability to discern and/or identify the types of items being searched or inspected including their contents (as applicable). 7. Prior to any search or inspection IAW this Section, the Agency shall make an affirmative attempt to make positive contact with the employee to let them know that a search is pending and to notify them of their rights IAW this Agreement. When an employee is incapacitated and unable to either be present or appoint a representative, the Agency shall attempt to contact the employee’s spouse, next of kin, or other individual with the legal authority to act on behalf of the employee and exercise the rights contained herein on their behalf. The employee’s rights include, but are not limited to: a. Notice of whether the search or inspection is pursuant to an administrative or criminal investigation and whether it is supported by an order or search warrantsupports it. When supported by an order or warrantorder: (1) Providing the employee with a physical copy of the order or warrant authorizing the search or inspection. If the employee is not present, the order or warrant can be served electronically; and, (2) Allowing a reasonable amount of time for the employee to review the order or warrant and seek clarification regarding the content and scope of the search. b. If the search is not supported by an order or warrantissued by the Agency, notify notifying the employee that absent an order or search warrant they do not have to consent to the search or inspection of personal property. c. If supported by a search warrant an order or if the employee consents: (1) Determine whether the employee wishes to be present during the search or inspection; and, (2) Determine whether the employee wishes to have a Union representative present during the search or inspection. 8. A search or inspection authorized by an order or warrant may be conducted outside of the presence of an employee when the Agency exhausts all makes a reasonable attempts attempt to make positive contactcontact with the employee, but are unsuccessful. In this case, the Agency shall notify the Union of the pending search and allow them the opportunity to be present regardless of whether it was requested by the employee and as long as that presence does not impede the investigation. The Agency will document the date, time, and reasons for said search and provide the employee and/or the Union with a copy of this documentation within twenty-four one (241) hours business day of conducting the search, to include an inventory of any items seized/confiscated and a point of contact for the investigation and any items seized/confiscated. In so far as a search or inspection of a personally owned electronic device is concerned, the Agency shall provide the employee with a summary of all files or items accessed, downloaded, or reviewed while the item was in the Agency’s custody. 9. It is the Agency’s right to conduct their investigation as they see fit. Searches should normally be conducted by individuals professionally trained in the collection of evidence, such as law enforcement personnel. When trained personnel are not readily available, it is recommended that the Agency seal 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. 10. When a search or inspection of the work area is conducted as a result of an emergency (e.g., search for a lost tool that causes the grounding of aircraft) or due to surreptitious activity (e.g., a bomb threat or other security incident), the Agency is not required to give employees notification of an impending search nor does an employee have a right to be present during the search if such notice or presence hinders the Agency’s ability to respond.