1.  UNION MEMBERSHIP:

a.  Employees in the unit shall be protected in the exercise of their right, freely and without fear of penalty or reprisal, to form, join, and assist any labor organization, or to refrain from such activity. This Agreement does not prevent any employee, regardless of labor organization membership, to bring matters of personal concern to the attention of appropriate officials in accordance with applicable laws, regulations, or Employer policies, or from choosing his or her own representative in a statutory appeal action.

b.  Nothing in this Agreement shall abrogate any employee right or require an employee to become or to remain a member of a labor organization except pursuant to a voluntary, written authorization by a member for the payment of dues through payroll deductions.

c.  The Employer shall not discipline or otherwise discriminate against any employee because he or she has filed a complaint or given testimony under the Civil Service Reform Act, this grievance procedure, or any other available procedure for redressing wrongs to an employee.

d.  The Employer will not coerce or in any manner require employees to invest their money, donate to charity, or participate in activities, meetings, or undertakings not related to their performance of official duties.

a.  Any formal discussion between one or more representatives of the Employer and one or more employee(s) or their representatives concerning any grievance or any personnel policy, practice or other general condition of employment.

b.  (Weingarten Rights) Any examination of the 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 representation.   Employees shall be provided annual notification of this right.

4.  Employees have the right to engage in outside activities and employment of their own choosing, and otherwise conduct their private lives as they see fit, provided they meet all applicable laws and regulations.

5.  All unit employees and Employer officials deserve and shall be entitled to be treated with mutual respect, dignity, common courtesy and consideration, and will be treated equitably.

6.  NONDISCRIMINATION: No employee will be discriminated against by either the Employer or the Union on account of race, color, religion, sex, sexual orientation, national origin, age, marital status, disability, or lawful political affiliation.  No employee will be reprised against for participation in protected EEO activity.

7.  OFFICE ATTIRE: Employees will observe reasonable dress, appearance and grooming standards as determined by each regional union/management council where the Regional Director is on the committee.  Where the Regional Director is not on the committee, the decision of the committee shall be referred to the local union representative and the Regional Director for consideration.  If both agree, the policy shall be adopted.  If the union/management council recommendation is not adopted, existing practices shall continue.  All attire standards will be conducive to a working environment that is safe, productive and non-disruptive and conveys a sense of service and professionalism to the public.

8.  NAME PLATES: All employees who are expected to deal with the public will be provided a name plate by the Employer.  The employees' nameplates must be displayed at the workstation.  Employees within each agency will by a majority agree on uniform wording for the nameplates in that agency.

9.  ACCESS TO INFORMATION: Upon written request, employees will be given the opportunity to review State Department and Employer directives and regulations. The employee may be given time during the workday to review these regulations and directives. On written request, the Employer will provide copies of directives and regulations not locally available. In addition, when a written request is imprecise in its request for information, the Employer agrees to help an employee identify and find a specific law, rule, regulation or directive.

10.  Employees have the right to discuss their problems with the Personnel Office, Equal Employment Office or Counselor, Union representative, Employee Assistance Office, and/or a person designated to provide guidance on questions of conflict of interest in accordance with established procedures in this agreement and when timing is acceptable to their supervisor.

11.  Employees are entitled to a reasonable amount of official time whenever discussing, preparing, or filing complaints, and when meeting with Union representatives or management representatives concerning any complaint or working condition of the Employer.

12.  Permission must be obtained from the immediate supervisor and arrangements made with the Regional Director/office Director before the employee leaves the workstation. Normally an employee will be released as soon as possible when requested unless work conditions require his/her presence on the job. When release cannot be accomplished immediately, the employee will be released as soon as possible. An employee not on duty need only make arrangement with the Regional Director/ Office Director.

13.  PERSONNEL OFFICE: The Personnel Office is committed to providing prompt and courteous human resource service to all program areas and to all employees within the Bureau of Consular Affairs.

a.  The employee will have confidential access to a personnel specialist.  The name and phone number for the Agency's servicing personnel specialist shall be posted in a prominent location.

b.  The Employer agrees it is desirable to have representatives from the servicing personnel office visit regional offices annually to provide information, answer questions on personnel issues and perform other responsibilities.  Such visits will be made based upon need, funding, and resources.

c.  Promotions, awards, and personnel actions will be processed in a timely manner.

d.  The Personnel Office will ensure that all personnel actions and errors in personnel or payroll matters are processed or corrected as soon as possible after the employee brings them to the attention of the supervisor, the Regional/Office Director, or the assigned Human Resource Specialist. Action will normally be completed within two (2) pay periods, unless otherwise specified within this Agreement, law, or government-wide regulation.  Within-grade increases will be effective within one pay period after the eligible date for those employees who have met the eligibility requirements.

It is understood that a negative decision on a relocation request may not be grieved unless there is an allegation that the Employer has violated this Agreement or a published law, rule or regulation.

15.  CORRECTIVE ACTIONS: Employees will normally not be admonished, counseled or given verbal warnings except in a setting that protects an individuals' dignity and confidentiality. It is recognized, however, that in some instances the corrective action must be given immediately, on-the-site where the improper behavior occurred.

16.  RECORD RETENTION: Employees will receive copies of all documents placed in their official personnel files and in the administrative files maintained on employees by management at the local level. Records will not be retained longer than the period prescribed by Government wide or Agency regulations. Copies of employee records will be provided to employees upon request and where permitted by regulations.

17.  TESTIFYING: When an employee is requested to testify in his/her official capacity on behalf of the Government, the Employer will determine the appropriate response to the request. If an employee is directed to testify, the Employer will ensure that the employee, to the extent possible, will receive all necessary cash advances and transportation arrangements prior to the commencement of travel.

18.  EMPLOYEE REPORTS: Employees working with the public may request time away from the public area if the employee has been threatened either verbally or physically by an applicant.  The supervisor will evaluate the situation and allow the employee time away from the public area when it appears helpful and when the work requirements permit. The employee will be given time to prepare a report of the incident and present it to the immediate supervisor.

19.  REPLACEMENT PAY: In the event that the employee fails to receive pay on the established payday or electronic transfer of funds (EFT) has not been effected, the employee will immediately notify the supervisor and the Employer will immediately notify Consolidated American Payroll. The Employer will make every effort to ensure that the employee is issued pay as soon as possible. Further, in the event of lost or stolen paychecks, the employee must immediately notify the Employer in writing detailing the facts and requesting a replacement paycheck.

20.  CONFLICT RESOLUTION: Where a conflict exists between an employee and his/her supervisor and the employee and supervisor have tried to resolve the conflict, the employee may request the assistance and intervention of the next higher level of supervision/management.  The Employer will thoroughly explore all factors related to the conflict and attempt to achieve a satisfactory working arrangement between the employee and supervisor.  The parties agree that such meetings between the employee and one supervisor/management official will not be considered a formal meeting unless there is an impact on other employees (see Article 7, Section 4).

21. PERSONAL USE OF GOVERNMENT EQUIPMENT:

a.  Employees may use office equipment if it involves negligible additional expense to the government – such as electricity, ink, small amounts of paper, and wear-and-tear.  Supervisors should be consulted if there is any question over whether such use is in fact “negligible” or “small”.

b.  Employees are authorized to make limited personal local telephone/fax calls and calls that are charged to non-government accounts (e.g., personal telephone credit cards).

c.  All employees shall have access to an e-mail and voice-mail account, where the office has such facilities.

d.  Employees shall be allowed Internet and Passport Services Intranet access, where available.

e.  Use of all of the above equipment and services must not interfere with official business.  Personal use must generally be restricted to personal time.

23. PAST PRACTICES: Where established working conditions or past practices relating to conditions of employment exist that are not in conflict with this agreement or its amendments, the conditions or practices may be continued until either party pursues and accomplishes changes through procedures that conform to legal and regulatory requirements.