ARTICLE 3

EMPLOYEE RIGHTS

1. UNION MEMBERSHIP. Each Employee shall have the right to form, join, and assist any labor organization, or to refrain from 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, such rights include the right to:
   
   1. 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
      
   2. engage in collective bargaining with respect to conditions of employment through representatives chosen by Employees.

   Nothing in this Agreement shall abrogate any Employee right provided for by law or Government-wide regulation, or require an Employee to become or remain a member of a labor organization. An Employee shall not be disciplined or otherwise discriminated against solely because he or she has exercised rights of appeal or redress under any available forum or procedure. Union membership shall not be discouraged nor encouraged by the Employer.

2. OUTSIDE ACTIVITIES. Employees are permitted to engage in outside work and activities to the extent that they do not prevent Employees from performing their assigned duties in a satisfactory manner; complying with standards of conduct of Federal Employees; adhering to applicable laws, and government-wide regulations and policies.
   
3. Employees have the right to refrain from investing money, donating to charity or participating in uncompensated activities, meetings or undertakings not related to the performance of official duties. Employees may volunteer to participate in activities sponsored or supported by the USGS or the DOI, but are under no obligation to do so.
   
4. Employees have the right to their privacy during off-duty hours. Employee conduct during off-duty hours will not be used against them in the evaluation of performance or other adverse actions, unless there is a nexus between the Employee’s official position and the activity or such activity adversely reflects on the integrity of the Government, the Department or any component of the Bureau.

5. WEINGARTEN RIGHTS. Employees have the right to a Union representative when they are being examined by any representative of the Employer as part of an investigation when they reasonably believe that the examination may result in disciplinary action against them. Employees must request a representative and may do so at any time prior to or during the investigation. The Parties agree that notification of Weingarten Rights will be posted at all times on bulletin boards where employee information is normally posted.

   The Agency shall notify Employees not less than annually during the month of June of rights assured by Weingarten. The Union may also notify employees annually of these rights via e-mail to all unit Employees. The Agency agrees to create a user group of all unit Employees’ e-mail addresses.

6. EMPLOYEE ACCESS TO INFORMATION. Employees have a right to access information pertaining to conditions of employment such as laws, rules and regulations published by the Office of Personnel Management, the Department of the Interior, the USGS, etc. These publications are available for Employee review in the Bureau personnel office, and DOI. Employees will be permitted to obtain a reasonable number of copies as necessary.
   
7. NONDISCRIMINATION. Employees have the right to work in an environment that is free from discrimination by either the Employer or the Union, on the basis of race, color, creed, religion, sex, national origin, age, marital status, sexual orientation, physical or mental disabling conditions, political affiliation or Union membership.
   
8. Employees will be informed to the fullest extent possible by the Employer of plans and policies affecting them and their conditions of employment. The Employer will communicate what is expected of Employees in terms of their performance, conduct, and work relationships with co-workers, and to whom they are responsible.
   
9. REASSIGNMENT. An Employee may request reassignment at any time. Employer agrees to consider the request and inform the Employee of its decision. The Employee may request the assistance and intervention of higher-level management and/or the Union when the request is due to conflict with his or her work supervisor, team leader, or a coworker. The Employer may utilize reassignment or methods of intervention such as counseling, training, team building, details, or physical separation of the Employees in conflict for a "cooling off" period, to facilitate resolution of the conflict.

10. The Employer shall provide a lockable drawer or cabinet for each Employee for the purpose of protection of personal belongings (wallet/purse).
    
11. Every Employee has the right to be treated with common courtesy and consideration normal in Employer-Employee relations. All efforts will be made to communicate in a manner which is understandable to the Employee. Employees shall not be given warnings, be counseled, have performance reviews or similar meetings except in a setting that protects confidentiality.
    
12. This Agreement does not prevent any Employee, regardless of labor organization or membership, from bringing matters of personal concern to the attention of appropriate officials in accordance with applicable laws, regulations, or agency policies, or from choosing his or her own representative in a statutory appeal action other than the negotiated grievance procedures contained in this Agreement.
    
13. The Union may notify bargaining unit members of the provisions of the Whistle blower Protection Act.
    
14. Employees have the right as an individual to petition any Congressional Member, or to furnish information to either house of Congress or Member of Committee. Employees can contact the Union or member(s) of Congress or the Employer for the status of any bills or other legislative action.