ARTICLE

21.

Section 1 - General

A. As exclusive representative, the Union shall be given the opportunity to be present at any examination of an employee in the bargaining unit(s) by a representative of the Department in connection with an investigation if:

1. The employee reasonably believes that the examination may result in disciplinary action against the employee, and

2. The unit employee requests representation.

B. The right to union representation is not intended to interfere with the routine interaction between supervisors and employees in the normal course of a workday.

C. The Department shall annually inform its employees of their right to union representation under 5 USC 7114(2)(B) by posting notice of such rights on bulletin boards and through other appropriate means.

D. If any supervisor or management official of the Department, in advance of or during the questioning of an employee, contemplates the likelihood of disciplinary action, the employee shall be informed of his/her right to union representation prior to further questioning. If an employee in the bargaining unit requests Union representation, management will reschedule the meeting as soon as possible, and the Union will be given the opportunity to be present.

Section 2 - Investigations

A. The Department agrees that before employees conduct a formal investigation, they shall be properly trained.

B. The Department will inform the local union in advance of a formal administrative investigation when a bargaining unit employee is the subject of the investigation or inquiry.

C. Investigations should consider all facts, circumstances, and human factors. An

investigation shall be conducted in an expeditious and timely manner.

D. Employees have the right to be represented by the Union while being questioned in a formal investigation or while being required to provide a written or sworn statement. Before such questioning begins or a statement given, employees will be informed of the reasons they are being questioned or asked to provide a statement.

E. If an employee is the subject of an investigation, he or she will be informed of the right to union representation prior to being questioned or asked to provide a statement. The employee will also be informed of the nature of the allegation(s). Once an employee requests union representation, except in very rare and unusual circumstances, no further questioning will take place until the Union is present.

F. Supervisors, employees, and union representatives will not, except as specifically authorized, disclose any information about an investigation. A copy of the statement of the employee will be given to the employee and/or the employee's representative upon request. If no action was taken as a result of this investigation, the employee who was the subject will receive the findings in a timely manner.

G. Upon request, the subject of the investigation and the Union will be furnished a copy of the complete investigation file (not just the evidence file) and all other relevant and pertinent information which would be provided under Freedom of Information Act (FOIA) or 5 USC Section 7114, which would normally include the Administrative Investigation Board (AIB) report findings.

H. The statement of employee rights and obligations will be consistently applied throughout the AFGE bargaining unit. That statement will be consistent with this Agreement and include the following:

1. The employee's right to representation by AFGE,

2. The right of an employee to a copy of his/her personal statement or testimony, and

3. The right of employees not to incriminate themselves.

I. When an employee has requested union representation in an investigative proceeding, the union representative may fully and actively represent the employee and is not limited to the role of an observer.

J. An employee's representative shall receive a complete copy of all evidence used to support the Department's action. This includes, but is not limited to, copies of all tapes, testimony/transcripts, recommendation and/or findings, and photographs. The Department will make every effort to provide additional information requested by the employee's representative. The Department will provide a written explanation of any denial of information requested in a timely manner.

K. The participation of bargaining unit employees on an administrative investigating board will be with the consultation of the Union.