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ARTICLE 9
UNION REPRESENTATION
SECTION 1. Management will recognize four (4) stewards, who will be representatives of unit defined in Article 2. The Branch will provide the Station Manager with a roster containing the names, home address and phone number of all stewards within five (5) administrative days after the effective date of this Agreement. The Branch will notify the Station Manager, in writing, of any changes to the roster within 30 days. Unless so designated in writing, no employee may be recognized as a Union Official.
SECTION 2. The Union shall be granted 208 hours, annually, for official time for representational duties in accordance with Section 3 below. This "bank of time" shall commence with the date of signing of this Agreement and all accrued official time remaining shall expire at the end of each anniversary year. It shall be the responsibility of the Union to maintain and apportion the use of official time in accordance with Section 9 of this Article. The Employer agrees that upon reaching a balance of 75 hours, to reopen this section of Article 9 to negotiate an additional number of hours for representational duties for the remainder of that year. The Union agrees to provide the proof that hours used and hours to be increased are in accordance with the terms and conditions of this Agreement.
SECTION 3. Union stewards will be granted official time as specified in Section 2 to engage in the following representational activities for unit employees which are of mutual interest to both Management and the Branch.
a. Receiving, investigating and attempting to resolve informally employee grievances;
b. Preparation and presentation of formal grievances in accordance with Article 10;
c. Preparing for arbitration in accordance with Article 11;
d. Preparing and presenting issues before the Federal Labor Relations Authority (FLRA);
e. Any other representational time required by the terms of this agreement;
f. Representational opportunities as afforded by 5 USC Section 7114 (a)(2), and as prescribed in 5 USC Chapter 71.
SECTION 4. The following representational activities are excluded from the requirements of Section 2 above.
a. Meeting with management in accordance with Article 8.
b. Arbitration hearings in accordance with Article 11.
c. Representational time to receive information, briefing or training in accordance with Article 12. Section 4.
d. Considering and preparing responses to proposed management directives when the Branch has been specifically requested to do so by management.
SECTION 5. The stewards shall obtain the permission of their supervisor and the supervisor of the section they intend to visit, citing briefly the specific action to be accomplished, where, and by what means. Where Labor Management business is such that use of FTS lines to talk with management officials will facilitate actions, such use is authorized provided prior approval of the supervisor has been obtained and a written record of time, place, to whom and by whom is provided the supervisor. (See Appendix I)
SECTION 6. Solicitations of membership and the conduct of internal union activities will be conducted during the non-duty hours of all concerned.
SECTION 7. When the stewards are performing their official representational duties the need for privacy may arise. Upon request, the Station Manager agrees to provide appropriate space, if available, to meet this need. The granting of this space will not disrupt or otherwise impair the mission of CDA Station.
SECTION 8. There shall be no restraint, interference, coercion or discrimination against the stewards because of the performance of their official representational duties. However, if the steward's use of official time for representational duties interferes with the proper performance of his/her official duties as an employee, the matter will be discussed with the steward in order to find a satisfactory solution. The initial discussion will be between the supervisor and the union official. If this discussion does not resolve this issue, either party may pursue it through the negotiated grievance procedure.
SECTION 9. Official time recording is a bilateral system set up to meet the OPM requirement that management maintain a record keeping system of official time used in the performance of representational duties.
a. A log will be maintained by pay period to record authorized official duty time or FTS use approves for Union officials for representational duties. Format of the Log is at Appendix I.
b. The log (Appendix I) shall be forwarded by the supervisor to the Station Manager, on a bi-weekly basis. When no official time has been used by a steward during a particular week, the steward shall so certify on the report. The appropriate supervisor shall initial the report.
c. No official time other than that provided for in this Article shall be authorized without prior written request and permission from the Station Manager.
SECTION 10. Management agrees that the Branch Steward is authorized to consult with the Station Manager on matters which may be of unit-wide concern or in individual cases which may be of such gravity that such action is deemed appropriate. Meetings with Management shall be pre-arranged between the parties. The Branch Steward and/or Management may request attendance by appropriate management and Union representatives.
SECTION 11. Non-unit representatives of the union shall be granted access to Management premises upon request. Each request shall, be subject to a one-week advance clearance with the Station Manager and shall:
- be in writing
- identify the purpose
Meetings will be arranged by mutual agreement.
SECTION 12. Each steward shall represent the employees of a shift where no steward has been appointed and shall do so without wage cost to the employer because of his/her activities as a steward on a shift other than his/her own. The original union representative in a grievance shall normally stay with the grievance through the formal stage.
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