Common use of Union Rights and Representation Clause in Contracts

Union Rights and Representation. Section 1. Non-employee representatives of the Union shall have the right to enter the facilities of the Employer and visit with the employees covered by this agreement for the purpose of ascertaining whether the agreement is being observed by the parties and for the purpose of investigating and processing grievances in accordance with the Grievance Procedure contained herein. Union representatives shall notify the Health Commissioner in advance before entering the premises of the Employer. The non-employee union representative must have permission from the Commissioner or his designee; however, such permission shall not be unreasonably denied. Section 2. The Employer recognizes the right of the Union to select local officers, stewards, and alternate stewards to represent the employees on grievances arising under the agreement. Union representatives will also represent employees at predisciplinary hearings, grievance and arbitration hearings, labor management meetings and contract negotiations. The affected employee and union representative shall not suffer any loss of pay for activities conducted during their normal working hours and under the same standards as set forth in Article 7, Section 5. Section 3. The Union shall provide the Employer an official roster of its local officers, committee representatives, assigned Union representatives and stewards, which is to be kept current at all times by the Union and shall include the name, position held, jurisdiction area (for stewards only), and the work address and phone number of non-employee representatives. Section 4. The Union agrees that no representative of the Union, either employee or non- employee, shall interfere with, interrupt, or disrupt the normal work duties of employees. Section 5. The Employer agrees to provide the Union, upon reasonable request, the County of Mahoning, General Health District, Cash Basis, Annual Financial Report. Section 6. The Employer agrees to permit the Union reasonable usage of the Employer’s telephone and employee work email. The Union’s usage of the employee work email shall not place the Employer’s computer system at undue risk and the Union recognizes that there is no right of privacy with regard to the usage of the Employer’s computers. The Employer agrees to permit the Union access to the copy machine on a reasonable and limited basis; however, no extensive copying (i.e., more than 20 pages produced) shall take place without the express permission of the Employer.

Union Rights and Representation. Section 11 - The Union is the exclusive representative of the employees in the bargaining unit and is entitled to act for and negotiate agreements covering all of the employees in the bargaining unit. NonManagement will not communicate directly with employees regarding changes to conditions of employment for which there is an obligation to bargain. A. The Employer agrees to respect the rights of the Union and to meet jointly and negotiate with the Union, when requested, regarding formulation and implementation of any new policy or change in existing policy affecting employees or their conditions of employment, except as provided by law. B. The union, in consonance with its right to represent, has a right to propose new policies, changes in policies, or resolutions to problems in accordance with Article 8, Section 2. This right shall apply at all levels of management within the agency and the labor organization starting with the ▇▇▇▇▇▇▇ and first level supervisor. Representation will normally occur at the lowest level at which a matter can be resolved, and the initial point of contact will normally be the lowest management official and Union official having responsibility and authority to act. If either party at the initial contact feels resolution of a matter is outside its jurisdiction, the matter shall be referred immediately to the next higher level. C. Consistent with law, government-wide regulations and this agreement, the Union has the exclusive right to represent an employee or group of employees in presenting complaints. An employee or group of employees may present a grievance themselves without representation by the Union provided the local is a party to all discussions and the grievance proceeding. The Employer will notify the Local President or designee before such discussions are held. The NFFE shall normally be allowed up to twenty-four (24) hours to provide a representative. The representatives shall be permitted to present the views of the local during the discussions. D. The Union has the right to have a representative present at all discussions between the Employer and an employee or employees, held in the course of proceedings conducted to resolve complaints or grievances submitted by a member of the Unit. The Employer will notify the Local President or designee before such discussions are held. The NFFE shall normally be allowed up to twenty-four (24) hours to provide a representative. The representative shall be permitted to present the views of the Local during the discussions. Section 2 - Management agrees to recognize Union representatives including National Federation of Federal Employees VA Council and local union and national office officials. The Council will supply VA Headquarters in writing, and will maintain on a current basis, a list of officers. The Union at the facility level will supply the facility in writing, and will maintain on a current basis, a list of officers and stewards. A. The Union will be given the opportunity to be represented at any formal discussion between one or more representatives of the Department and one or more employees in the unit or their representatives concerning any grievance or any personnel policy or practices or other general condition of employment. B. The Union shall have be given the right opportunity to enter be represented under 7114(a)(2)(B) at any examination of an employee in the facilities unit by a representative of the Employer Department in connection with an investigation if: (1) the employee reasonably believes that the examination may result in disciplinary action against the employee; and visit with (2) the employees covered by this agreement for the purpose employee requests representation. C. The parties agree that mission accomplishment is of ascertaining whether the agreement is being observed by primary concern to both, and that improved communication and cooperation between the parties can contribute to the solution of mutual problems, and for improved employee relations. Representatives of each party will meet on a regular basis to discuss labor management issues. Such meetings should be held monthly, quarterly, or as local parties agree. Each party shall submit a list of subjects they wish to discuss normally 10 days in advance of the purpose of investigating and processing grievances in accordance meeting. Summary minutes reflecting items discussed should be prepared unless mutually agreed otherwise. These meetings will be conducted during regular duty hours with the Grievance Procedure contained herein. Union representatives shall notify authorized official time if otherwise in a duty status. Additional arrangements concerning these meetings may be negotiated at the Health Commissioner in advance before entering the premises of the Employer. The non-employee union representative must have permission from the Commissioner or his designee; however, such permission shall not be unreasonably deniedlocal level. Section 24 - A union representative wishing to use official time will notify his/her immediate supervisor. Such release will not be arbitrarily withheld. The Employer recognizes the right supervisor must be advised of the general purpose of the request (whether the issue is a grievance, negotiations, investigation of a complaint, EEO, etc.), how the representative may be contacted and the estimated time of return. If the union representative will be delayed beyond the estimated time, he/she will notify the immediate supervisor to request additional needed time. The supervisory will also be notified of the return. If release is not possible at the time requested, due to a work requirement which is pressing, the representative will be released as soon as possible thereafter. If there is an operational necessity that prevents the representative from being released immediately, arrangements will be made for the employee to be released normally within the next tour of duty, or the Union may opt to select local officers, stewards, assign another representative. All grievance time frames and alternate stewards meetings with employees shall be delayed if delay in granting the requested permission to represent the employees on grievances arising under the agreementleave causes either to be missed. Union representatives will also represent employees at predisciplinary hearings, grievance be allowed a reasonable amount of time to notify the Union when they are assigned to a workplace other than their normally assigned workplace and arbitration hearings, labor management meetings and contract negotiations. The affected employee and they need to keep the union representative shall not suffer any loss informed of pay for activities conducted during their normal working hours and under the same standards as set forth in Article 7, Section 5whereabouts. Section 3. The Union 5 - There shall provide be no restraint, coercion, or discrimination against any union official because of the Employer an official roster performance of its local officers, committee representatives, assigned Union representatives and stewards, which is to be kept current at all times by the Union and shall include the name, position held, jurisdiction area (for stewards only), duties in consonance with this Agreement and the work address and phone number of non-Statute, or against any employee representativesfor filing a complaint or acting as a witness under the Agreement, the Statute, or applicable regulations. Section 46 - The Department agrees to meet with the VA Council Officers annually to discuss Union views on items of concern and agrees to review those items that cannot be resolved at the meeting. A. During years in which the Council does not hold its convention, the parties will meet in Washington. The Union Council shall request the meeting, with a preliminary agenda, at least four (4) weeks in advance so that arrangements can be made for the Council officers’ absence from their duties. The Department will provide official time, if otherwise in a duty status, and travel and per diem expenses for up to nine (9) Council officers. The meeting will not exceed one day unless through mutual agreement it is extended. B. During convention years, Management agrees that no representative to meet with the Council Officers (up to 9) on the day prior to the beginning of the UnionCouncil convention. The nine (9) Council officers attending this meeting will be provided official time if otherwise in a duty status, either employee for the day of this meeting. Other VA employees may attend the meeting but they will not be provided excused absence without charge to leave. This does not preclude approval of time for training under other portions of this contract. Management agrees to make every effort to arrange schedules so as to allow the nine (9) designated Council representatives to take annual leave or non- employee, shall interfere with, interrupt, or disrupt leave without pay during the normal work duties of employeesconvention and annual meeting years to the extent the workload allows. The nine (9) representatives should notify management sufficiently in advance so that suitable scheduling can be arranged. Section 5. The Employer agrees to provide A. Internal Union business such as attending local union meetings will be conducted during the Union, upon reasonable request, non-duty hours of the County of Mahoning, General Health District, Cash Basis, Annual Financial Reportemployees involved. Section 6B. Each local shall be allowed two membership drives not to exceed 15 work days each per calendar year. The Employer agrees These membership drives can be conducted at times available to permit all employees. Requests for the Union reasonable usage equipment and facilities needed will be directed to the facility director or designee at least ten (10) work days prior to the commencement of the Employer’s telephone membership drive(s). Details regarding space, equipment, use of facilities, and employee work email. The Union’s usage of the employee work email shall not place the Employer’s computer system at undue risk and the Union recognizes that there is no right of privacy with regard to the usage of the Employer’s computers. The Employer agrees to permit the Union access to the copy machine on a reasonable and limited basis; however, no extensive copying (i.e., more than 20 pages produced) shall take place without the express permission of the Employerother related matters are proper subjects for local supplemental negotiations.

Union Rights and Representation. Section 1. Non-employee representatives The Union is the exclusive representative of the employees in the bargaining unit and is entitled to act for and negotiate agreements covering all of the employees in the bargaining unit. The Employer will not communicate directly with employees regarding changes to conditions of employment for which there is an obligation to bargain. A. The Employer agrees to respect the rights of the Union and to meet jointly and negotiate with the Union, when requested, regarding implementation of any new policy or change in existing policy affecting employees or their conditions of employment, except as provided by law. B. The Union, in accordance with its right to represent, has a right to propose new practices, changes in practices, or resolutions to problems in accordance with this Article. Representation will normally occur at the lowest level at which a matter can be resolved, and the initial point of contact will normally be the lowest Management official and Union representative having responsibility and authority to act. If either Party at the initial contact feels resolution of a matter is outside its jurisdiction, the matter shall have be referred immediately to the next higher level. C. Consistent with law, Government-wide regulation, and this Agreement, the Union has the exclusive right to represent an employee or group of employees in presenting complaints. An employee or group of employees may present a grievance themselves without representation by the Union provided the Union is a party to all formal discussions and grievance meetings. The Employer will notify the Chief ▇▇▇▇▇▇▇, or designee, before such discussions are held. The Union shall normally be allowed up to twenty-four (24) hours to provide a representative. The representative shall be permitted to present the views of the Union during the discussions. D. The Union has the right to enter the facilities of have a representative present at all discussions between the Employer and visit with an employee or employees, held in the employees covered course of proceedings conducted to resolve complaints or grievances submitted by this agreement for the purpose of ascertaining whether the agreement is being observed by the parties and for the purpose of investigating and processing grievances in accordance with the Grievance Procedure contained herein. Union representatives shall notify the Health Commissioner in advance before entering the premises a member of the Employer. The non-employee union representative must have permission from the Commissioner or his designee; however, such permission shall not be unreasonably deniedunit. Section 2. The Employer recognizes the right of the agrees to recognize Union to select representatives including local officersunion, stewardsdistrict, and alternate stewards to represent the employees on grievances arising under the agreementregional officials. The Employer will authorize official time for Union representatives in accordance with Article X section X etc.. The Union will also represent employees at predisciplinary hearingssupply, grievance and arbitration hearingsmaintain on a current basis, labor management meetings and contract negotiations. The affected employee and union representative shall not suffer any loss the Employer with an electronic list of pay for activities conducted during their normal working hours and under the same standards as set forth in Article 7, Section 5Union representatives. Section 3. A. The Union will be given the opportunity to be represented at any formal discussion between one or more representatives of management and one or more employees in the unit or their representatives concerning any grievance or any personnel policy or practices or other general condition of employment. B. The Union shall provide be given the opportunity to be represented at any examination of an employee in the unit by a representative of the Employer in connection with an official roster of its local officers, committee representatives, assigned Union representatives and stewards, which is investigation if: 1. the employee reasonably believes that the examination may result in disciplinary action against the employee; and 2. the employee requests representation thereby invoking his/her ▇▇▇▇▇▇▇▇▇▇ Rights. The Employer agrees to be kept current at all times by normally give the Union and shall include the name, position held, jurisdiction area (for stewards only), and the work address and phone number of non-employee representativesup to 24 hours to provide a representative. Section 4. A Union representative wishing to use official time will notify his/her immediate supervisor. Such release will not be arbitrarily withheld. The Union agrees that no representative supervisor must be advised of the Uniongeneral purpose of the request (whether the issue is a grievance, either employee or non- employeenegotiations, shall interfere withinvestigation of a complaint, interruptetc.), how the representative may be contacted and the estimated time of return. If the Union representative will be delayed beyond the estimated time, he/she will notify the immediate supervisor to request additional needed time. The supervisor will also be notified upon the representative’s return. If release is not possible at the time requested, due to a work requirement which is pressing, the representative will be released as soon as possible thereafter, normally not later than 24 hours, or disrupt the normal work duties Union at their own request may opt to assign another representative. Union representatives will be allowed a reasonable amount of employeestime to notify the Union when they are assigned to a workplace other than their normally assigned workplace. Section 5. The Employer agrees to provide There shall be no restraint, coercion, or discrimination against any Union representative because of the Unionperformance of duties in accordance with this Agreement and the Statute, upon reasonable requestor against any employee for filing a complaint or acting as a witness under the Agreement, the County of MahoningStatute, General Health District, Cash Basis, Annual Financial Reportor applicable regulations. Section 6. The Employer agrees to permit the Union reasonable usage of the Employer’s telephone and employee work email. The Union’s usage of the employee work email shall not place the Employer’s computer system at undue risk and the Union recognizes that there is no right of privacy with regard to the usage of the Employer’s computers. The Employer agrees to permit the Union access to the copy machine on a reasonable and limited basis; however, no extensive copying (i.e., more than 20 pages produced) shall take place without the express permission of the Employer.