ARTICLE

16.

Section 1 - General

In an atmosphere of mutual respect, all employees shall be treated fairly and equitably and without discrimination in regard to their political affiliation, Union activity, race, color, religion, national origin, gender, sexual orientation, marital status, age, or non-disqualifying handicapping conditions. Employees will also be afforded proper regard for and protection of their privacy and constitutional rights. It is therefore agreed that Management will endeavor to establish working conditions which will be conducive to enhancing and improving employee morale and efficiency.

A. Instructions will be given in a reasonable and constructive manner. Such guidance will be provided in an atmosphere that will avoid public embarrassment or ridicule. If an employee is to be served with a warrant or subpoena, it will be done in private without the knowledge of other employees to the extent it is within Management's control.

B. No disciplinary or adverse action will be taken against an employee upon an ill-founded basis such as unsubstantiated rumors or gossip.

C. No employee will be subjected to intimidation, coercion, harassment, or unreasonable working conditions as reprisal nor be used as an example to threaten other employees.

D. When employees receive conflicting orders, they have a right to follow the last order given as long as they advise the Management official who issued the latest order that there is a conflict.

Section 2 - Rights to Union Membership

Each employee shall have the right to form and join a Union; to act as a designated Union representative, and to assist the Union without fear of penalty or reprisal. This right shall extend to participation in all Union activities including service as officers and stewards.

Section 3 - Rights to Union Representation

Management recognizes an employee's right to assistance and representation by the Union, and the right to meet and confer with Union representatives in private during duty time, consistent with Article___ and local supplemental agreements. If the employee cannot be released immediately, the employee will normally be released two (2) hours before the end of her tour of duty. If such release is not made, appropriate relief from time frames will be afforded. The Department agrees to annually inform all employees of the right to Union representation under 5 USC 7114 (a)(2)(B) by postings on official bulletin boards and other appropriate means.

Section 4 - Use of Recording Devices

No electronic recording of any conversation, between a bargaining unit employee and VA official may be made without mutual consent except for Inspector General investigations or other law enforcement investigations. When a recording is made, the employee will be given the opportunity to review the transcript for accuracy and will be provided with a copy of the tape and transcript if one is made. Information obtained in conflict with this Section will not be used as evidence against any employee.

Section 5 - First Amendment Rights

Employees have the right to present their views to Congress, the Executive Branch, or other authorities and to otherwise exercise their First Amendment rights without fear of penalty or reprisal.

Section 6 - Access to Documentation

Employees have a right to be made aware of and receive copies of any information specific to them personally maintained under their name and/or social security number. This includes any documentation which is not covered by official records referenced in Article __ of this Agreement.

Section 7 - Personal Rights

Employees shall have the right to direct and fully pursue their private lives, personal welfare, and personal beliefs without interference, coercion, or discrimination by the Employer so long as such activities do not conflict with job responsibilities.

Section 8 - Dignity and Self Respect In Working Conditions

Employees, individually and collectively, have the right to expect, and to pursue, conditions of employment which promote and sustain human dignity and self-respect.

Section 9 - Whistle-Blower Protection

Employees shall be protected against reprisal of any nature for the disclosure of information not prohibited by law or Executive Order which the employee reasonably believes evidences a violation of law, rule or regulation, or evidences mis-management, a waste of funds, an abuse of authority, or danger to public or employee health or safety.

Section 10 - Unlawful Orders

An employee has the right to refuse orders that would require the employee to violate the law. This refusal to obey an unlawful order will not subject the employee to disciplinary or adverse action.

Section 11 - Counseling

A. Counseling shall be reasonable, fair, and used constructively to encourage an employee's improvement in areas of conduct and performance. It should not be viewed as disciplinary action. At any counseling session where an employee has the right to Union representation, the employee shall be advised of that right at the beginning of the session.

B. Oral Counseling

When it is determined that oral counseling is necessary, the counseling will be accomplished during a private interview with the concerned employee and Union representative if requested and appropriate. If after such a meeting, the employee is dissatisfied and wishes to pursue a grievance, the employee may proceed to either Step 1 or to Step 2 of the grievance procedure. If there is to be more than one Management official involved in a counseling session with an employee, the employee will be so notified in advance and the employee may have a Union representative at the session.

C. Written Counseling

1. Written counseling will be accomplished in the same manner as specified above, except that two copies of a written statement will be given to the employee.

2. A written counseling for misconduct may only be kept or used to support other personnel actions for up to six months unless additional related misconduct occurs, and then it may be retained up to one year.

3. A written counseling for performance may only be retained and used beyond the appeal period of the annual performance rating to support a timely personnel action related to that rating or any timely action taken during that period.

4. In the case of probationary employees, written counselings may be kept up to the time a decision is made whether or not the employee will be continued beyond the probationary period.

Section 12 - Group Meetings

The Department agrees that group meetings of employees serve as a useful means of communication and agrees that regular and periodic (preferably monthly) group meetings will be held within each service, department, or unit to discuss concerns of both the Department and employees. The Union shall be notified of such meetings and given the opportunity to attend.