|
REPRESENTATION RIGHTS
Section 1.
a. This Section applies to meetings conducted
by all Management representatives, including DOT/FAA security agents, EEO
investigators, and agents of the Inspector General. The above provisions
shall apply to meetings conducted by the National Transportation Safety
Board (NTSB) to the extent the provisions are consistent with NTSB
regulations and procedures. Additional representational rights in
operational error/deviation situations are covered in
Article 52,
Operational Error/Deviation Investigation, Reporting and Review, of this
Agreement.
b. An employee will be given an opportunity to obtain union representation
for any examination by a representative of the Agency 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 employee requests representation.
c. When it is known in advance that the
subject of a meeting is to discuss or investigate a disciplinary, or
potential disciplinary situation, the employee shall be so notified in
advance. The employee shall also be notified of his/her right to be
accompanied by a Union representative if he/she so desires, and shall be
given a reasonable opportunity both to obtain such representation, and
confer confidentially with the representative before the beginning of the
meeting.
d. If during the course of a meeting it becomes apparent for the first time
that discipline or potential discipline could arise, the Employer shall stop
the meeting and inform the employee of his/her right to representation if
he/she so desires and provide a reasonable opportunity to both obtain
representation and confer confidentially before proceeding with the meeting,
if requested. The Union retains the right to determine its representatives
in accordance with Article 23, Union Representation and Official Time for
Representational Duties, of this Agreement.
Section 2. During investigatory
meetings, the Union representative has the right to offer clarifying questions
and answers, help the employee provide favorable information, identify
employees who might also have knowledge of relevant facts, and advise the
employee.
Section 3. A Union representative, while performing his/her
representational duties, will not be required to disclose information obtained
from a bargaining unit employee who is the subject of an investigation, unless
the confidentiality of the conversation with that employee is waived by the
representative, or an overriding need for the information is established.
Section 4. If management denies an employee's request for a union
representative, and such denial is subsequently determined to be a harmful
error in a disciplinary action, that disciplinary action may not be sustained.
Section 5. The Union shall be given advance notice and the opportunity
to designate a representative to attend any formal discussion between one (1)
or more representatives of the Employer and one (1) or more employees in the
unit or their representatives concerning any grievance or any personnel
policies or practices, or other general condition of employment. This
provision also applies to formal discussions conducted by telephone.
|