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Article 46 Right to Representation
Posted On: Nov 21, 2013

Article 46

Right to Representation

Section 1. General

Any employee in the bargaining unit has the right to have Union representation for

matters covered by the negotiated grievance procedure or as otherwise provided

for in this Agreement.

Section 2. Investigative Examinations

a. A Union representative shall be given the opportunity to be present at any

examination of an employee in the bargaining unit by a representative of

the Department 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 unit employee requests representation.

b. If an employee in the bargaining unit requests a Union representative,

Management will reschedule (as soon as possible) the meeting with the

Union representative given the opportunity to be present. Management will

schedule the meeting at a time mutually convenient to Management, the

Union, and the employee.

c. The Department will annually inform unit employees of their rights under

this Section.

Section 3. Meetings, Discipline, or Potential Discipline

a. An employee in the bargaining unit has the right to have a Union

representative present at any meeting between the employee and a

supervisor or Management official in which discipline or potential discipline

is to be discussed.

b. If discipline or potential discipline enters into a discussion during a meeting

between an employee in the bargaining unit and a supervisor or

Management official, the employee is entitled to request to be accompanied

by a Local 12 representative. If such a request is made, the supervisor or

Management official will honor the request and reschedule (as soon as

possible) the meeting with the Union representative given the opportunity

to be present.

Section 4. Adverse Actions

In major adverse actions involving a suspension of more than fourteen (14) days,

a removal, or a reduction in grade or pay taken under 5 U.S.C. 4303 and 7512,

the employee will be informed in advance of his/her right to Union representation.

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