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Article
1
Coverage and Recognition
Section
1. Recognition
a.
Local 12, American Federation of Government Employees, AFL-CIO,
is recognized as the sole and exclusive representative of
employees in the bargaining unit as defined in Section 3
of this Article.
b. As the sole and exclusive representative, the Union is
entitled to act for and to negotiate agreements covering
all employees in the bargaining unit. It is responsible
for representing the interests of all employees in the bargaining
unit without discrimination.
c. The Union shall be given the opportunity to be present
at any formal discussion between Management and employees
in the bargaining unit concerning any grievance, or any
personnel policy or practice, or other general condition
of employment of the employees in the bargaining unit.
d. The Department has the obligation to meet and discuss
matters of concern to the Union.
Section
2. Contravention
The Department
agrees that in regard to the bargaining unit, it will not
enter into any other agreement, understanding, or contract
with any other organization, association, or union that shall
contravene or violate this Agreement except as required by
law.
Section
3. Coverage
The bargaining
unit to which this Agreement is applicable consists of all
employees in the Washington, D.C. metropolitan area, except
employees excluded under Section 4 of this Article.
Section
4. Exclusions from Coverage
The following
employees are excluded from the bargaining unit covered by
this Agreement:
a.
All management officials;
b. All supervisors;
c. Employees who act in a confidential capacity with respect
to an individual who formulates or effectuates management
policies in the field of labor-management relations;
d. Employees engaged in personnel work in other than a purely
clerical capacity;
e. Employees primarily engaged in investigation or audit
functions relating to the work of bargaining unit employees
whose duties directly affect the internal security of the
Department but only if the functions are undertaken to ensure
that the duties are discharged honestly and with integrity;
f. Employees who are engaged in administering any provision
of law relating to labor-management relations;
g. All "Schedule C" and Senior Executive Service
employees;
h. Employees in Regional/Field duty stations in the Washington,
D.C. metropolitan area of the Employee Benefits Security
Administration and the Office of Labor-Management Standards;
and
i. Employees on an initial temporary appointment of less
than one year’s duration, or employees on successive
temporary appointments totaling a year or more performing
generally different duties and/or working in different DOL
agencies.
Section
5. Definition
Hereinafter,
throughout this Agreement, the term "employee(s)"
is synonymous with the term "bargaining unit employee(s),"
unless specified otherwise.
Section
6. Disputes over Unit Coverage
a.
When the bargaining unit status of a position changes, the
Agency Vice President/Chief Steward for the affected Agency
will be notified of the change prior to implementation.
b. If requested by the Agency Vice President/Chief Steward,
the Agency will discuss the change in the bargaining unit
status of the position in question prior to effectuating
the change.
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