Article 3
Employees' Rights

Section 3.01

Each DOE Headquarters employee has the right to form, join, or assist any labor organization, 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 rights. Except as otherwise provided in law and this agreement, such right includes:

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 Government, the Congress, or other appropriate authorities; and

B. to engage in collective bargaining with respect to conditions of employment through representatives chosen by employees.

Each employee has the right to work in an environment free of prohibited discrimination. DOE and NTEU are committed to protecting this right.

Section 3.02

The initiation of a grievance in good faith by an employee will not cause any reflection on the employee's standing with the employee's supervisor or on the employee's loyalty or desirability to the organization. Employees and NTEU stewards who have relevant information concerning any matter for which remedial relief is available under this agreement will, in seeking resolution of such matter, be assured freedom from restraint, interference, coercion, discrimination, intimidation, or reprisal. Supervisors will not lower an employee's performance appraisal due to the employee's decision to confer with the Union or to pursue a grievance.

Additionally, employees have the right to be represented by a designated NTEU steward for the purpose of representing to the Employer any matter of dissatisfaction or in representing the employee to any Government agency or official other than the Employer. In accordance with Article 7 of this agreement, employees are entitled to reasonable amounts of administrative time to confer with the Union with respect to any matter covered by this agreement. Employees are to notify their leave approving official of any anticipated absences greater than 30 minutes in duration. The employee need not tell the supervisor the substantive issue to be discussed with the Union.

Section 3.03

Bargaining unit employees and managers will conduct themselves in a professional and businesslike manner, characterized by mutual courtesy, in their day to day working relationships.

Section 3.04

Employees are only required to make payment to NTEU through voluntary dues. Dues provide a source of funds that enable NTEU to represent employees effectively.

Section 3.05

A. Prior to any examination of any bargaining unit employee by a representative of DOE management in connection with an investigation, the management representative will inform such employee whether the results of the examination are likely to result in disciplinary/adverse action against that employee, and of their statutory right to NTEU representation during questioning, upon request. The employee will be afforded an opportunity to sign a form certifying that he/she has been informed of such rights and will receive a copy of said executed form, upon request. (See Appendix A)

B. When the DOE Headquarters Office of Security interviews a bargaining unit employee in the administrative review process which may result in disciplinary action, the employee must be informed of his/her right to be represented by an NTEU representative as provided by 5 U.S.C. 7114(a)(2)(B). The employee will be afforded an opportunity to sign a form certifying that he/she has been informed of such rights and will receive a copy of said executed form, upon request. (See Appendix A)

C. When the person being interviewed is accompanied by a representative furnished by NTEU the role of the representative includes, but is not limited to, the following rights:

1. to clarify the questions;
2. to clarify the answers;
3. to assist the employee in providing favorable or extenuating facts;
4. to suggest other employees who have knowledge of relevant facts; and
5. to advise employee

Section 3.06

DOE will, in coordination with NTEU, post a jointly-developed notice to all employees on all bulletin boards described in section 8.10, stating a condensed version of employee rights.

The Employer will semi-annually inform bargaining unit employees, in writing, of their rights to an NTEU representative at an examination of an employee by a representative of the Employer in connection with an investigation if the employee reasonably believes that the examination may result in disciplinary action against the employee, and the employee requests the representation.

Section 3.07

Employees have the right to refuse, without fear of employer reprisal, to obey an order that would require the employee to violate a law, including local traffic ordinances, parking prohibitions and speed limits. Employer reprisal is a prohibited personnel practice, addressed under Article 37 of this agreement.

This right does not negate an employee's responsibility to follow all lawful directions, nor management's right to take appropriate action in instances where an employee fails to follow such directions.

Section 3.08

Normally, when there is more than one established work shift per day, those employees who are equally qualified will be given their choice of shift. Where no agreement is reached, conflicts among equally qualified employees will be resolved on the basis of seniority as determined by service computation date.

Section 3.09

The decision on whether and when to resign (including retirement) from employment are voluntary matters of free choice for each employee and may not be coerced. An employee may withdraw a resignation prior to the effective date, if such withdrawal is submitted in writing before a commitment is made to fill the position that would otherwise be vacated by the employee.