Section 1. Respect in the Workplace
It is the intent of the Department of Labor that all employees shall be treated with
fairness and dignity. It is recognized that employees covered by this Agreement
are not without reciprocal obligations.
Section 2. Compliance with Laws, Rules, Regulations, and Agreement
Laws, rules, regulations, and the provisions of this Agreement should be enforced
by Management and employees are expected to comply with them. Where
Management finds that employee conduct is inconsistent with applicable law, rule,
regulation, or the provisions of this Agreement and that conduct has been due to
lack of enforcement, and where Management wishes to change or correct the
inappropriate conduct, Management should apprise the employees of what is
expected and that the law, rule, regulation, or the provisions of this Agreement will
Section 3. Right to Join or Assist Union
Each employee shall have the right to join or assist the Union or to refrain from
any such activity, freely and without fear of penalty or reprisal, and each employee
shall be protected in the exercise of such right. Except as otherwise provided
under law, such right includes the right:
a. To act for a labor organization in the capacity of a representative and the
right, in that capacity, 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
b. To engage in collective bargaining with respect to conditions of employment
Section 4. Conflict of Interest
This Agreement does not authorize participation in the management of a labor
organization or acting as a representative of a labor organization by a Management
official, supervisor, or a confidential employee, except as specifically provided in
the law, or by an employee if the participation or activity would result in a conflict
or apparent conflict of interest or would otherwise be incompatible with law or with
the official duties of the employee.
Section 5. Right to Remedial Relief for Employees in the Bargaining Unit
In seeking remedial relief under this Agreement, the grievant and the duly
designated Union representative, if any, shall be free from restraint, interference,
coercion, discrimination, and reprisal.
Section 6. Private Lives vs. Official Duties
a. The Department recognizes that an employee’s financial obligations or
obligations alleged by any creditor are private matters. In the event of a
dispute between an employee and a private individual or firm with respect
to an alleged debt or financial obligation, the Department will not take any
action against the employee which is contrary to law, rule, or regulation.
b. Any DOL official who has authority to take, direct others to take,
recommend, or approve any personnel action, shall not discriminate for or
against any employee on the basis of conduct which does not adversely
affect the performance of the employee or the performance of others.
Nothing in this Subsection shall prohibit the Department from taking into
account any conviction of the employee for any crime under the laws of any
State, of the District of Columbia, or of the United States in determining
suitability or fitness.
Section 7. Campaigns or Drives--Solicitation of Employees in the
a. Definition. For the purpose of this Article, solicitation of employees in the
bargaining unit means requests for contribution for the Combined Federal
Campaign, participation in Savings Bond Drive, blood drive, or other
Department-approved solicitations which have been announced in generally
published Departmental directives.
b. Participation. Contributions from employees in the bargaining unit and
participation by employees in the unit to solicit contributions shall be
voluntary. There shall be no discrimination against any employee in the
unit for non-participation or for any level of contributions. An employee in
the bargaining unit may be requested to volunteer or solicit for
contributions. Absent a volunteer, the Department will request the Union to
assist in providing the needed volunteer. No Management or supervisory
employee shall participate in any direct solicitation of employees in the
bargaining unit who are under his/her supervision.
Section 8. Use of Personal Audio Devices
Employees have the right to play personal audio devices on the worksite so long as
the use does not disturb the productivity of the employee or other employees
within the worksite and does not distract clientele.
Section 9. Supervision and Assignment of Work
Consistent with the Management right to assign work to employees and to
determine methods and means of performing work, employees can expect
assignments to be made within reasonable bounds, consistent with grade level,
position description, and performance. Employees will usually receive instructions
from and make reports through established supervisory/managerial channels as
described or depicted in pertinent position descriptions, organizational charts, and
directives. Employees in the unit will be informed of whom they are to look to for
supervision and performance appraisal.
Section 10. Polygraph Tests
The Department will not ordinarily request or require an employee in the
bargaining unit to submit to a polygraph test.
Section 11. Required Membership and Participation in Professional
The Department agrees to pay for membership dues in professional associations
whenever an employee is required to join such an organization by an appropriate
level of Management in connection with the performance of his/her official duties.
Such memberships shall be in the name of the Department for the employee. The
Department also agrees to pay the expenses of employees for attendance at
professional meetings, consistent with budget limitations and accounting
regulations, provided it has been approved in advance by an appropriate level of
Management. To the extent allowable by law and provided it has been approved
in advance by an appropriate level of management, the Department may pay
professional development and certification fees when they are job related.
Section 12. Work Plans
Employees have the right to propose new and innovative ways to carry out the
mission or function of the Department. They may submit individual or joint work
plans which may include elements such as methods to better accomplish a mission
or function of the Department. Appropriate Management will review the plans as
to feasibility. If an employee’s plan is rejected, Management will inform the
employee why it was rejected.
Section 13. Personnel Records
a. Official personnel records will be collected, maintained, or retained in
accordance with law, Government-wide regulations, and this Agreement.
b. Employees and/or their authorized representatives, in accordance with 29
CFR 70a, may be granted reasonable amounts of official time, upon
approval of the supervisor, to:
(1) examine any of their personnel records, except those limited by
Office of Personnel Management and Department of Labor
(2) submit to the appropriate Human Resources Officer responses to
material placed in the records.
Section 14. Complaints
Any complaints directed at individual employees that become part of the personnel
records will be available for review upon request by the employee in accordance
with Section 13 of this Article.