ARTICLE 16--EMPLOYEE RIGHTS

Section 3 - Rights to Union Representation

Management recognizes an employee’s right to assistance and representation by the Union, and the right to meet and confer with Union representatives in private during duty time, consistent with Article___ and local supplemental agreements. If the employee cannot be released immediately, the employee will normally be released two (2) hours before the end of her tour of duty. If such release is not made, appropriate relief from time frames will be afforded. The Department agrees to annually inform all employees of the right to Union representation under 5 USC 7114 (a)(2)(B) by postings on official bulletin boards and other appropriate means.

ARTICLE 21—INVESTIGATIONS

Section 1 - General

A. As exclusive representative, the Union shall be given the opportunity to be present at any examination of an employee in the bargaining unit(s) 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. The right to union representation is not intended to interfere with the routine interaction between supervisors and employees in the normal course of a workday.

C. The Department shall annually inform its employees of their right to union representation under 5 USC 7114(2)(B) by posting notice of such rights on bulletin boards and through other appropriate means.

D. If any supervisor or management official of the Department, in advance of or during the questioning of an employee, contemplates the likelihood of disciplinary action, the employee shall be informed of his/her right to union representation prior to further questioning. If an employee in the bargaining unit requests Union representation, management will reschedule the meeting as soon as possible, and the Union will be given the opportunity to be present.

Section 2 - Investigations

A. The Department agrees that before employees conduct a formal investigation, they shall be properly trained.

B. The Department will inform the local union in advance of a formal administrative investigation when a bargaining unit employee is the subject of the investigation or inquiry.

C. Investigations should consider all facts, circumstances, and human factors. An investigation shall be conducted in an expeditious and timely manner.

D. Employees have the right to be represented by the Union while being questioned in a formal investigation or while being required to provide a written or sworn statement. Before such questioning begins or a statement given, employees will be informed of the reasons they are being questioned or asked to provide a statement.

E. If an employee is the subject of an investigation, he or she will be informed of the right to union representation prior to being questioned or asked to provide a statement. The employee will also be informed of the nature of the allegation(s). Once an employee requests union representation, except in very rare and unusual circumstances, no further questioning will take place until the Union is present.

F. Supervisors, employees, and union representatives will not, except as specifically authorized, disclose any information about an investigation. A copy of the statement of the employee will be given to the employee and/or the employee’s representative upon request. If no action was taken as a result of this investigation, the employee who was the subject will receive the findings in a timely manner.

G. Upon request, the subject of the investigation and the Union will be furnished a copy of the complete investigation file (not just the evidence file) and all other relevant and pertinent information which would be provided under Freedom of Information Act (FOIA) or 5 USC Section 7114, which would normally include the Administrative Investigation Board (AIB) report findings.

H. The statement of employee rights and obligations will be consistently applied throughout the AFGE bargaining unit. That statement will be consistent with this Agreement and include the following:

1.      The employee’s right to representation by AFGE,

2.      The right of an employee to a copy of his/her personal statement or testimony, and

3.      The right of employees not to incriminate themselves.

I. When an employee has requested union representation in an investigative proceeding, the union representative may fully and actively represent the employee and is not limited to the role of an observer.

J. An employee's representative shall receive a complete copy of all evidence used to support the Department's action. This includes, but is not limited to, copies of all tapes, testimony/transcripts, recommendation and/or findings, and photographs. The Department will make every effort to provide additional information requested by the employee's representative. The Department will provide a written explanation of any denial of information requested in a timely manner.

K. The participation of bargaining unit employees on an administrative investigating board will be with the consultation of the Union.

Dear Members, this notice meets the 5 day time line for a special meeting called by the local President. We will also be posting this notice on the Union Bulletin Boards on the campus.

CALL FOR ELECTION COMMITTEE

The Election Committee for the 2009 Local 2583 Officer Elections will be elected at the November 18, 2009 Special General Membership Meeting, at 3:00 PM, Wednesday, in Bldg. 15 room G100, at the Vancouver Division VA, 1601 East Fourth Plain Blvd, Vancouver Washington. 

If you are interested in serving on the Election Committee, please attend the November 18, 2009 meeting. If you are unable to attend in person you must submit a letter stating your willingness to serve if nominated. You may have a member deliver your acceptance letter at the meeting.

AFGE Local 2583 Bylaws, Section 13: An Election Committee shall be elected by majority vote of local members present and voting at a meeting preceding the start of the nomination procedure.  See National Constitution, Appendix A, Part 1, Section 2(a).

AFGE National Constitution, Appendix A. Part 1, Sec 2 (a): An election Committee shall be constituted to conduct each election.  The committee shall consist of not less than three members, and if a larger Committee is required, it shall contain an odd number of members. [The Committee] shall meet a reasonable time before the commencement of the nomination procedure. Section 2(b): No member of the Committee may be an incumbent of or candidate for the office for which the election being conducted.

William J. Hainsey

President, AFGE Local 2582