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EMPLOYEE RIGHTS AND OBLIGATIONS
Section 1. Each employee of the bargaining unit has
the right, freely and without fear of penalty or reprisal, to form, join, and
assist the Union or to refrain from any such activity, and each employee shall
be protected in the exercise of this right. Except as otherwise expressly
provided in the Civil Service Reform Act of 1978, such rights include the
right to act in the capacity of a representative and the right to present the
views of the labor organization to heads of agencies and other officials of
the Executive Branch of the Government, the Congress, or other appropriate
authorities; and the right to engage in collective bargaining with respect to
conditions of employment through representatives chosen by employees.
Section 2. An employee�s off the job conduct shall not result in
disciplinary action unless such conduct clearly hampers his or her
effectiveness as an employee or affects the public�s confidence in the FAA.
Section 3. No employee shall have disciplinary action taken against
him/her because of an occasional debt complaint, unless it is established that
the employee�s nonpayment of a just debt has or will have a harmful effect on
the performance of his/her duties, or the ability of the Employer to perform
its assigned mission. The Employer shall not assist the creditor or process
server in any manner, except as required by law.
Section 4. Employee participation in charitable drives and in U.S.
Savings Bond campaigns is voluntary. Solicitations may be made but no pressure
shall be brought to bear to require such participation.
Section 5. Applicable regulations, such as FAA conflict of interest,
nepotism, and regulations on aviation employment shall be uniformly
administered throughout the FAA.
Section 6. The Employer agrees that, except where there is reasonable
cause to suspect criminal activity, management shall not enter lockers unless
the employee or a Union representative has been given the opportunity to be
present.
Section 7. Privacy will be provided for formal counseling sessions.
These sessions shall be held away from the hearing and view of other employees
to the maximum extent possible.
Section 8. In those instances when an employee's spouse holds or
accepts a position in another FAA facility, the Employer will provide priority
consideration to the bargaining unit member for ingrade/downgrade reassignment
through Internal Placement Procedures (IPP) for bargaining unit vacancies at
or near the spouse's location before candidates under other placement actions
are considered. The Employer retains the right to fill vacancies from other
available sources. In that such moves are primarily for the convenience or
benefit of the employee, additional travel and transportation costs shall not
be allowed for the spouse beyond those he/she would be entitled to as a family
member.
Section 9. Employees shall be free from reprisal for the exercise of
any appeal right granted by law, rule, regulation or the terms of this
Agreement.
Section 10. Employees shall be protected against reprisal for the
lawful disclosure of information which the employee reasonably believes
indicates a violation of any law, rule, regulation, mismanagement, a gross
waste of funds, an abuse of authority, or a substantial and specific danger to
public health and safety. However, employees are not protected against the
disclosure of classified information or records covered by the Privacy Act.
Section 11. Employees covered by this Agreement shall have the
protection of all rights to which they are entitled by the Constitution of the
United States.
Section 12. An employee cannot be disciplined for invoking his/her
Fifth Amendment privilege against self-incrimination in refusing to answer
questions. However, the employee can be disciplined for refusing to answer if
he/she has been adequately informed that his/her replies, and information
derived from those replies, cannot be used against him/her in a criminal case.
Section 13. Employees shall be permitted to read and discuss this
Agreement in operational areas when it does not interfere with operational
activities. Discussion of union-related issues in operational areas shall not
be treated differently from discussions about other non-operational issues.
Section 14. Radios, television sets, news publications, and electronic
devices provided by bargaining unit employees shall be permitted in designated
non-work areas at all flight service facilities for use during non-work times.
All pagers must be set on a non-audible position and are allowed in work areas
so long as their use does not interfere with safe and efficient air traffic
operations.
Section 15. In the performance of his/her official duties, the employee
is entitled to all the protections of the "Federal Employees Liability Reform
and Tort Compensation Act of 1988," (P.L. 100-694) regarding liability for
damages, loss of property, personal injury, or death caused by the negligent
or wrongful act or omission of the employee.
Section 16. The Parties recognize that outside aviation-related
employment for certain flight service employees may be of benefit. Employees
have the right to engage in outside aviation-related employment provided such
employment does not constitute a conflict of interest.
Section 17. Each employee shall be furnished each pay period a written
statement showing pay, deductions, leave status, and other information in a
manner which protects the privacy of this information.
Section 18. Employees may make claims for damage to or loss of personal
property resulting from incidents related to the performance of their duties
while in a duty status. The Employer agrees to assist a claimant in the proper
filing of any such claim.
Section 19. Employees shall be provided all rights and entitlements
afforded by Public Law 103-94 (Hatch Act Reform Amendments of 1993).
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