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Rights and the Agreement Article 4: Employee Rights Article 5: Union Rights and Representation Article 6: Management Rights Article 7: Union Use of Official Facilities and Services Article 14: New Employee Orientation
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2 Article 6 – Management Rights Same as what is in 5 USC 71 With the addition: The Parties may continue to address Management rights issues under Partnership.
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3 Article 4.1 – Employee Rights The Parties agree to mutually establish and maintain a safe, positive, and professional work environment that The Parties agree to mutually establish and maintain a safe, positive, and professional work environment that promotes good workmanship, promotes good workmanship, values employees for who they are and what they contribute, values employees for who they are and what they contribute, ensures consistent treatment of employees, and ensures consistent treatment of employees, and maintains high standards of employee performance. maintains high standards of employee performance.
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4 Article 4.2 – Employee Rights under Statute Statutory Rights -- Many rights listed in Article 4 duplicate what is in the “statute.” Statutory Rights -- Many rights listed in Article 4 duplicate what is in the “statute.” Right to join a union, or not Right to join a union, or not Engage in collective bargaining Engage in collective bargaining Right to have non-union representative for any appeal not under the negotiated grievance procedure Right to have non-union representative for any appeal not under the negotiated grievance procedure
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5 Article 4.3 – Rights during Investigations Weingarten Right (same as statute) Weingarten Right (same as statute) Annually during June, Management will notify all employees of their Weingarten Right. This notification will include the information sheet entitled “Employee Rights and Responsibilities in Administrative Investigative Interviews” in the annual “Weingarten” reminder notice to employees. The information sheet will be provided to new employees and posted permanently on the HRM website. Annually during June, Management will notify all employees of their Weingarten Right. This notification will include the information sheet entitled “Employee Rights and Responsibilities in Administrative Investigative Interviews” in the annual “Weingarten” reminder notice to employees. The information sheet will be provided to new employees and posted permanently on the HRM website. During an investigation, the employee may ask whether or not they are being directed to answer and will be provided a written statement of this, upon request. During an investigation, the employee may ask whether or not they are being directed to answer and will be provided a written statement of this, upon request.
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6 4.4 and 4.5: Rights to Representation 4.4Right to meet and consult with Union officials concerning working conditions. 4.5Right to be represented by the Union at any meeting to discuss a complaint concerning working conditions. 4.6Right to duty time to pursue rights under the Master Agreement.
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7 4.6 – Employee right to time Right to a reasonable amount of duty time in pursuit of rights under this Master Agreement. Right to a reasonable amount of duty time in pursuit of rights under this Master Agreement. Employee must request release, including length of time needed and the location where they will be. Employee must request release, including length of time needed and the location where they will be. Normally, workload will not preclude the release of the employee. Normally, workload will not preclude the release of the employee. If the employee cannot be released immediately they will be released as soon as the work requirement is met or other arrangements are made If the employee cannot be released immediately they will be released as soon as the work requirement is met or other arrangements are made If employee can’t be released that day, the denial will be given in writing, along with the reason, and timelines will be extended. If employee can’t be released that day, the denial will be given in writing, along with the reason, and timelines will be extended. Union reps should be sure employees they are meeting with are aware of this provision. Union reps should be sure employees they are meeting with are aware of this provision. Employees use TC = 01, not TC = 37. Employees use TC = 01, not TC = 37. This provision does not apply if employees are meeting with the Union on their own time (e.g. lunch or break) This provision does not apply if employees are meeting with the Union on their own time (e.g. lunch or break)
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8 Article 4: Other rights 4.7Right to bring matters of personal concern to the attention of Management. However, if the discussion becomes a formal discussion, then the procedures in Article 5.4 regarding Union notification will apply. 4.8Management will not take reprisal actions against employees for the exercise of any appeal right granted by law, rule, regulation, or this Master Agreement.
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9 Article 4.9 Every individual has the right to be treated with dignity and respect that is normal in an employer-employee relationship
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10 Article 4: Other rights Employees have the right to: 4.10engage in outside activities and employment, within law and ethics regulations. 4.11request reassignment. 4.12 to be informed of the rules, regulations, and policies under which they are obligated to work 4.13confidentiality when being counseled or disciplined. 4.14appropriate disposal of records and to view documents in their OPF within 30 days of request. 4.16due process in debt collections.
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11 Article 4.15 – Electronic Communications All employees will have access to electronic communication system, when practical All employees will have access to electronic communication system, when practical Employees will be provided duty time to access electronic records Employees will be provided duty time to access electronic records Employees will not be penalized for lack of profile Employees will not be penalized for lack of profile Management will not access profile unless required for internal security purposes Management will not access profile unless required for internal security purposes Management will provide policy regarding tracking hardware/software annually Management will provide policy regarding tracking hardware/software annually
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12 Article 5.1 - Union Representation Union has the right to designate its own representatives Union has the right to designate its own representatives a.Designated officers of the FSC have right to represent within the whole bargaining unit Vice-Presidents (or their designees) have the right to represent employees in the management units to which they are assigned (that is Regions, Job Corps, Research). Local officers and representatives may represent within their Local. b.NFFE Office may represent employees in lieu of, or in addition to, Local and FSC representatives.
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13 5.1 – Union representation c.Designation of Representatives: 1)FSC will provide list of FSC Officers to management 2)FSC Vice-Presidents are the designated officials at the intermediate level 3)Local president is the designated official for each Local, but additional reps may be designated for specific matters, line organizations, etc. 4)Articles 9 and 11 have specific designated officials. 5)Union will inform management in writing of all designated representatives. (Must notify within 14 days of a change.)
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14 Designation of Representatives If you do nothing: Your Local President will automatically be the point of contact for your whole Local. If you do nothing: Your Local President will automatically be the point of contact for your whole Local. However, you may also designate reps for specific topics, shifts, locations, work units. However, you may also designate reps for specific topics, shifts, locations, work units. Key: Communicate in writing as to who your reps are. Key: Communicate in writing as to who your reps are. Who do you communicate with? Use the PDL for all supervisors/managers in your unit, if you can. Who do you communicate with? Use the PDL for all supervisors/managers in your unit, if you can.
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15 Sample Designation by topic To: Management From: Sally Dogood, Local President Subject: Designation of Union Representatives NFFE Local 123 is hereby notifying you that the following employees have been designated as Union officers: Sally Dogood, PresidentJohn Steno, Recording Secretary Mark Second, Vice-PresidentCheryl Bank, Secretary-Treasurer In addition, the following employees have been appointed as stewards: Roger StewartErin Abogado The points of contact for management for issues that may arise are as follows: Investigations:Erin Abogado Safety:Roger Stewart All other issues:Sally Dogood
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16 Note: The Local President is the initial point of contact for management for Article 9, Local Management grievances and Article 11 Initial negotiations proposals You cannot change these initial points of contact for management. However, once they send the Local president a proposal or a grievance, the Union can then delegate another official to work on the issue.
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17 Sample Designation To: Management From: Sally Dogood, Local President Subject: Designation of Union Representatives NFFE Local 123 is hereby notifying you that the following employees have been designated as Union officers: Sally Dogood, PresidentJohn Steno, Recording Secretary Mark Second, Vice-PresidentCheryl Bank, Secretary-Treasurer In addition, the following employees have been appointed as stewards: Roger StewartErin Abogado The points of contact for management for issues that may arise are as follows: Supervisor’s Office:John Steno Lake and Stream Ranger Districts:Mark Second Mountain Ranger District:Cheryl Bank
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18 Section 5.2 Union has right to represent employees under the negotiated grievance procedure in this Master Agreement. Union has right to represent employees under the negotiated grievance procedure in this Master Agreement. The Union has the exclusive right to invoke arbitration. The Union has the exclusive right to invoke arbitration. Employees may present a grievance without representation provided that the Union is given opportunity to be present at all discussions. Employees may present a grievance without representation provided that the Union is given opportunity to be present at all discussions. Union has right to be present at any meeting between Management and Bargaining Unit employee(s) where resolution of any grievance is discussed. Union has right to be present at any meeting between Management and Bargaining Unit employee(s) where resolution of any grievance is discussed. Settlement agreements may not conflict with the terms of this Master Agreement. Settlement agreements may not conflict with the terms of this Master Agreement. The Union will be given copies of all settlement agreements, decisions, and correspondence related to Article 9 processes. The Union will be given copies of all settlement agreements, decisions, and correspondence related to Article 9 processes.
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19 5.3 –Obligation to be efficient: In providing effective representation, Union representatives will use the most economical and efficient efforts to resolve representational matters including use of current communication technologies whenever practical in accordance with Article 7. 5.3 –Obligation to be efficient: In providing effective representation, Union representatives will use the most economical and efficient efforts to resolve representational matters including use of current communication technologies whenever practical in accordance with Article 7. 5.4 – Formal discussions: Same as provided for in labor statute 5.4 – Formal discussions: Same as provided for in labor statute
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20 Article 5.5 – Official Time and Travel a.Union Officials will be granted official time for 1)Review Management's proposals 2)Receive, review, prepare, and present grievances. 3)Handle complaints, such as FLSA, MSPB, EEO, OSC, OWCP 4)Prepare for negotiations. 5)Negotiate. (This is in FSLMRS) 6)Prepare reports required by 5 USC7120(c) 7)Visit, phone, and write to elected representatives (only for FSC officers or their designees) 8)Other representational and contract administration (such as: times spent in meetings with mgmt, communicating with BUEs, formal discussions, partnership, researching, etc.) 9)Contact other Union officers
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21 b.Travel and Per Diem (1) Travel and Per Diem will be paid for representatives who are the normally designated reps (as described in Section 5.1). (1) Travel and Per Diem will be paid for representatives who are the normally designated reps (as described in Section 5.1). (2) Travel expenses for other reps will be determined by whether the travel is necessary and promotes the efficient and proper administration of this Master Agreement. (2) Travel expenses for other reps will be determined by whether the travel is necessary and promotes the efficient and proper administration of this Master Agreement. (3) Travel will be requested and approved prior to its commencement pursuant to applicable governing requirements. (3) Travel will be requested and approved prior to its commencement pursuant to applicable governing requirements. Article 5.5 – Official Time and Travel
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22 c.Less than full-time employees (Permanent Seasonal) in off- duty status who are needed to effectively resolve complaints and Labor-Management issues will be paid appropriately for the time spent administering this Master Agreement. d.Pay rates applied to official time will include any shift differentials otherwise applicable to the representative’s agency-assigned work during that shift. e.All official time, including travel to and from meetings or Union sponsored training, will be excludable for Administratively Uncontrollable Overtime (AUO) calculation purposes. Article 5.5 – Official Time and Travel
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23 Article 5, Other Provisions 5.7Membership Drives. Upon request, up to two membership drives at any location within a 1- year period, up to 45-days duration each. Upon request, up to two membership drives at any location within a 1- year period, up to 45-days duration each. Management shall provide the Union with available, reasonable, and visible space; tables; bulletin boards; and easels for use in drives. Management shall provide the Union with available, reasonable, and visible space; tables; bulletin boards; and easels for use in drives. Current government communication technologies shall be made available in accordance with Article 7. Current government communication technologies shall be made available in accordance with Article 7. 5.9The Union will be invited to present their rights and responsibilities to the law enforcement community at any regional annual law enforcement meeting. The Union will also advise all Bargaining Unit employees of their right to Union representation at any other times they determine necessary.
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24 Article 5.6 – Release Procedures Union official and supervisor are expected to communicate: Union official and supervisor are expected to communicate: General nature of the matter (Sec. 5(a)) General nature of the matter (Sec. 5(a)) Approximate length of time Approximate length of time Location Location A way to communicate with union official A way to communicate with union official Ongoing arrangements may made. Ongoing arrangements may made. Request release as far in advance as possible. Extension of time limits when official cannot be released for work- related reasons. Request release as far in advance as possible. Extension of time limits when official cannot be released for work- related reasons. Union officials must notify unit head or supervisor when visiting other worksites Union officials must notify unit head or supervisor when visiting other worksites
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25 Official Time You have the right to use official time for representational purposes – USE IT! You have the right to use official time for representational purposes – USE IT! Each Forest should probably have 20-40 hours of official time each week, just for regular business. More when there are “hot” issues. Each Forest should probably have 20-40 hours of official time each week, just for regular business. More when there are “hot” issues. Initial arrangements Initial arrangements Try to get an ongoing arrangement of time each week to take care of “regular” business such as e-mails, phone calls, talking to BUEs. Try to get an ongoing arrangement of time each week to take care of “regular” business such as e-mails, phone calls, talking to BUEs. Then request additional time for specific meetings or activities. Then request additional time for specific meetings or activities. Over time, you will get a sense of how much time, you need and can refine the requests. Over time, you will get a sense of how much time, you need and can refine the requests.
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26 Denial of Release (5.6b) If a Union Official cannot be released at the requested time due to work requirements, Section 5.6b applies. If a Union Official cannot be released at the requested time due to work requirements, Section 5.6b applies. “….If the Official cannot be released the day of the request, the denial will be in writing and will include the reason for the delay and when the Union Official will be released (normally within 24 hours). If a delay in releasing a Union Official involves a situation with a contractual time limit, the time limit will be extended equal to the delay.”
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27 On-going arrangement – Example 1 To: My Supervisor From: Me As you are aware, I am serving as a steward for Local 276. In accordance with Article 5 of the Master Agreement, I am proposing an on-going arrangement regarding official time for representational functions. In order to perform general representational functions, including e-mail, phone calls, consultation with employees, and researching issues, I am requesting release for 5 hours per week. I will schedule this time around any urgent work that needs to be accomplished. Any additional time needed will be requested on a case-by-case basis.
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28 On-going arrangement – Example 2 To: My Supervisor To: My Supervisor From: Me From: Me As you are aware, I am serving as a steward for Local 276. In accordance with Article 5 of the Master Agreement, I am proposing an on-going arrangement regarding official time for representational functions. In order to perform general representational functions, including e-mail, phone calls, consultation with employees, and researching issues, I am requesting release for 1 hour each day from 1-2pm. During this time I will be in the Union office. Any additional time needed will be requested on a case-by-case basis. As you are aware, I am serving as a steward for Local 276. In accordance with Article 5 of the Master Agreement, I am proposing an on-going arrangement regarding official time for representational functions. In order to perform general representational functions, including e-mail, phone calls, consultation with employees, and researching issues, I am requesting release for 1 hour each day from 1-2pm. During this time I will be in the Union office. Any additional time needed will be requested on a case-by-case basis.
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29 Off-site Scenario An union representative at PSW is working on a grievance that is due next Wednesday. She COMMUNICATES to her supervisor: 1. The general nature of the type of representational matter – grievance 2. The approximate length of time needed – two days: Monday and Tuesday of next week. 3. The location - home The supervisor and Union Official discuss the need in a general nature. The supervisor (in writing) denies the request for Monday and informs the employee they may be released on Tues. and Weds. In the denial, the supervisor informs the employee that there will be important visitors onsite on Monday and the Union Official needs to be there. Grievance timeline is extended one day.
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30 Time Coding For recording time on their T&A, Union representatives use the following Transaction Codes: For recording time on their T&A, Union representatives use the following Transaction Codes: 35 - Negotiations (limited to National-level negotiations) 35 - Negotiations (limited to National-level negotiations) 36 - Mid-term negotiations under Article 11 (all Regional & Local level) 36 - Mid-term negotiations under Article 11 (all Regional & Local level) 37 - All contract administration and representational activities (including partnership activities) except negotiations, and grievances, appeals, complaints. 37 - All contract administration and representational activities (including partnership activities) except negotiations, and grievances, appeals, complaints. 38 - Representing the Union or employees in grievances, appeals, complaints. 38 - Representing the Union or employees in grievances, appeals, complaints.
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31 Article 7.1 – Union office space Union is responsible for care of facilities, services provided by the agency Union is responsible for care of facilities, services provided by the agency Locals and FSC officers shall be provided reasonable office space and equipment which is reasonably private and provides for confidentiality. Locals and FSC officers shall be provided reasonable office space and equipment which is reasonably private and provides for confidentiality. Office space is subject to Local negotiations considering space, cost, and union activity. Office space is subject to Local negotiations considering space, cost, and union activity. Management will retain access to any exclusive office space it provides. Management will retain access to any exclusive office space it provides.
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32 Your office space What do you have? What do you have? What do you need? What do you need? Do you have what you need? Do you have what you need? If not, what do you need to do??? If not, what do you need to do??? Article 7: Article 7: Upon request, each Local and each FSC Officer shall be provided reasonable office space and equipment to conduct representational functions. Upon request, each Local and each FSC Officer shall be provided reasonable office space and equipment to conduct representational functions. Union office space shall be reasonably private and secure to assure confidentiality of records and conversations. Union office space shall be reasonably private and secure to assure confidentiality of records and conversations. Office equipment will include telephone service, computer system and standard office furniture. Office equipment will include telephone service, computer system and standard office furniture. Bargain for a Forest Service computer (not DOL). Bargain for a Forest Service computer (not DOL). Laptop? Especially if you expect to need to do some union work at home. Laptop? Especially if you expect to need to do some union work at home. Office space to be used by the Union is a subject for local bargaining. Office space to be used by the Union is a subject for local bargaining.
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33 Article 7.2 – Union use of electronic communications (EC) Electronic communications include computer, fax, and phone Electronic communications include computer, fax, and phone Union officials may use Agency equipment for communicating with Union officials and BUEs Union officials may use Agency equipment for communicating with Union officials and BUEs Union officials may use EC for representational purposes described in 5.5(a) Union officials may use EC for representational purposes described in 5.5(a) EC may be used for internal union purposes. Communications that include internal business will be clearly marked. EC may be used for internal union purposes. Communications that include internal business will be clearly marked. EC for membership drives must be requested in advance EC for membership drives must be requested in advance EC may not be used for organizational drives EC may not be used for organizational drives
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34 Article 7 – Union use of services 7.3 – Union may use internal mail and any other mail or messenger service the Agency utilizes 7.3 – Union may use internal mail and any other mail or messenger service the Agency utilizes 7.4 – Posting information 7.4 – Posting information Union bulletin boards will be provided at locations where there is an employee information BB Union bulletin boards will be provided at locations where there is an employee information BB Union will be provided space on intranet Union will be provided space on intranet 7.5 – Upon request, Union will be provided a list of all unit employees including name, position, title, grade and step, BUS code, FLSA code, and duty station. 7.5 – Upon request, Union will be provided a list of all unit employees including name, position, title, grade and step, BUS code, FLSA code, and duty station.
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35 Article 7 – Union use of services 7.6 – Publications. Management will provide internet access to FSM, classification standards, and other publications. 7.6 – Publications. Management will provide internet access to FSM, classification standards, and other publications. 7.7 -- Government-owned or -Leased Transportation. Government tranportation may be used when: 7.7 -- Government-owned or -Leased Transportation. Government tranportation may be used when: A transportation is available or a seat is available at no additional cost and A transportation is available or a seat is available at no additional cost and The Union representative has made reasonable efforts to resolve the matter through the use of current communication technologies. The Union representative has made reasonable efforts to resolve the matter through the use of current communication technologies.
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36 Article 13 – New Employee Orientation New employees will be informed that NFFE is the exclusive representative New employees will be informed that NFFE is the exclusive representative Upon request, Union will be given list of all employees added to the BU. (This can be a standing request.) Upon request, Union will be given list of all employees added to the BU. (This can be a standing request.) Supervisors will arrange for new employees to meet a local union official, when practical. Supervisors will arrange for new employees to meet a local union official, when practical. New employee discussions may be formal meetings New employee discussions may be formal meetings Union will be given time to speak at group orientation sessions for new employees Union will be given time to speak at group orientation sessions for new employees
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