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
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.