Article 5
NTEU Rights

Section 5.01

NTEU shall be given the opportunity to be represented at any formal discussion between one or more representatives of the Employer and one or more employees in the unit or their representatives concerning any grievance or any personnel policy or practice or other general condition of employment. Accordingly, NTEU will receive as much advance notice as possible. In the absence of a written, signed, implemented, and functioning partnership agreement at the first tier level or in the event of a unilateral withdrawal from partnership by Management, a minimum of five (5) days of notification is required prior to formal discussions with bargaining unit employees. If there is a unilateral withdrawal from the partnership by NTEU, there will be a two (2) day notification requirement. Notification must include an agenda of the meeting's subject matter. Management and NTEU are strongly encouraged to jointly develop agendas and conduct formal discussions with employees. Notification shall be accomplished in accordance with the terms of Article 7, Section 7.04. In any formal discussion held pursuant to this section, the NTEU representative shall be introduced by the Chair. The NTEU representative may ask relevant questions, will be provided the time it needs to express its issues/concerns and positions regarding the subject of the meeting, and may request meetings and formal discussions with one or more employees in the unit. Management is encouraged to accommodate NTEU's request.

Section 5.02

NTEU has the right and responsibility to represent all employees in the bargaining unit in matters where NTEU is the exclusive representative. However, consistent with applicable statute, regulations and case law, NTEU may refuse to represent certain employees, e.g., non-NTEU members, in matters where NTEU is not the exclusive representative, e.g., where NTEU has no contractual duty, such as proposed disciplinary and adverse actions, or processes.

Section 5.03

In conjunction with NTEU, DOE will semi-annually notify employees of NTEU rights and employee rights regarding participation in NTEU in accordance with title 5 U.S.C. 7101, 7102, and 7116 and DOE's commitment to protect those rights. This notification is in accordance with the intention of Executive Order 12871 regarding Labor/Management Partnerships.

In addition, NTEU and DOE will jointly develop and send a quarterly memorandum to all managers reminding them of their responsibilities for notifying the Headquarters Labor Relations of upcoming meetings.

Section 5.04

The Employer will make available to NTEU upon request, a list of those employees within a work group, who are subject to like job assignments, ranked by Federal service EOD date.

Section 5.05

Within 30 days of the effective date of the Collective Bargaining Agreement, NTEU and Management will begin to jointly develop an education program on the Collective Bargaining Agreement. The education program will be jointly delivered to bargaining unit employees, supervisors and managers, beginning 90 days, or as mutually agreed, following the effective date of the Collective Bargaining Agreement. The education program will be mandatory and will be presented as frequently as necessary.

Section 5.06

One week of each year, to be designated by the NTEU National Office, will be recognized as Labor Recognition Week. During that week, local chapters may use the Employer's cafeterias, break rooms and snack bars in Headquarters offices and posts of duty to set up exhibits to publicize the contributions of NTEU and organized labor to society. Meeting rooms may also be made available. All employees shall receive one hour of official time to participate in Labor Recognition Week activities. Local NTEU Chapters shall be provided with twenty (20) cumulative hours of official time to prepare and conduct Labor Recognition Week activities conducted in accordance with provisions of Articles 7 and 8. Each chapter shall have the right to display a banner during Labor Recognition Week which conforms to regulations and laws, announcing Labor Recognition Week.

Section 5.07

NTEU will have the opportunity to participate in employee newsletters and publications, jointly determined to be appropriate by management and NTEU, under common ground rules applicable to other organizations.

Section 5.08

NTEU has the sole right and responsibility of designating those individuals who will represent and speak on behalf of NTEU. In this regard, NTEU must advise management of NTEU designations in a timely manner.