Section 1.
Each employee shall have the right, freely and without fear of penalty or reprisal, to form, join, and assist the Association or to refrain from any such activity, and each employee shall be protected in the exercise of this right. The right to assist the Association shall include participation in the management of the Association and acting for the Association in the capacity of an Association representative. The Library shall not interfere, restrain, coerce, or discriminate against any employee for the purpose of encouraging or discouraging membership in or representation by the Association.
The Library, pursuant to 5 U.S.C. 7114(a)(3), shall notify unit employees and supervisors annually of an employees right to be represented by the Association at any examination by a representative of the Library 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. In addition, employees shall be notified of their right to Association representation 1) prior to any discussion when the manager expects that disciplinary action may result, or 2) during the course of the discussion if it becomes clear that the matter has the potential to result in disciplinary action.
Section 2.
Nothing in this Agreement shall require any employee to become or to remain a member of the Association or to have money deducted from the employee’s pay for the Association except pursuant to a voluntary written authorization for such payroll deductions.
Nothing herein shall prevent CRS employees from volunteering to offer Association representation services. Participation or non-participation in these representation services shall have neither a favorable nor an adverse effect on the employees promotion review.
Section 3.
There shall be no discrimination by the Library or the Association against any employee based on race, color, religion, national origin, sex or sexual orientation, age, marital status, non-disqualifying handicapping condition, political affiliation, or any other ground that is specifically prohibited by law, or regulation applicable to the Library.
Section 4.
Employees shall not be required to disclose any information relating to any matter specified in Section 3 except as required by law, job qualification, or Library regulations.
Section 5.
- Employees in all CRS organizational units shall have reasonable access to all Library regulations, written statements and other memoranda relating to personnel policies and practices and working conditions within their respective divisions and offices and upon establishment of a demonstrated need, the employee may request and receive a copy.
- Amendments to such Library regulations or written statements of new regulations and statements shall be posted on division bulletin boards upon issuance, and will be issued to all stewards.
- Any new employee hired by CRS after the effective date of this Agreement shall be given a copy of this Agreement, as well as publications detailing Library and CRS services and benefits. Employees transferring into the unit shall be given a copy of this Agreement and shall be provided with published information about CRS and its mission.
Section 6.
The Library shall render to each employee regular, prompt and accurate payment for the performance of his/her duties.
- If an employees pay for regular hours worked is deficient by one-half or more, the employee may request early compensation for the loss by submitting to the CRS Office of Finance and Administration 1) a copy of the certified T&A report verifying the number of hours worked and 2) a written and signed statement that the deficiency will cause a hardship if not corrected before the next pay date. The Library will restore the balance of pay within two work days of the official pay date or within two work days of the submission of the request, whichever is later.
- If an employees pay for regular hours worked is deficient by less than one-half, the employee must submit to the CRS Office of Finance and Administration a copy of the certified T&A report verifying the deficiency. Every reasonable effort will be made to correct the pay shortage in the next regularly scheduled paycheck.
- In the event an employee advances his/her personal funds for Library or CRS approved and sponsored travel and/or training, the Library shall ensure that the employee is reimbursed as soon as practicable, but no later than 90 days after the employee submits a proper request for repayment.
Section 7.
- Employees shall have the right to visit the following individuals and offices during working hours:
- Human Resources Directorate, including the Workers Compensation Officer and Retirement Officers;
- Equal Employment Opportunity (EEO) Officers and EEO Counselors;
- Supervisors and management officials higher than the employee’s immediate supervisor;
- Employee service offices, including but not limited to, the Health Services, Employee Assistance, Disbursing, and Administrative Offices;
- Association Officers and Stewards;
- Dispute Resolution Center.
Employees have the responsibility to exercise this provision judiciously and only for appropriate purposes.
- An employee must inform his or her immediate supervisor (or designee) before visiting on official time any of the offices or individuals described in paragraph A above, with the exception of 1) CRS supervisors and management officials higher than the employees immediate supervisor and 2) designated or elected Association representatives in the employees own division or office. In requesting approval, employees will not be required to disclose confidential and/or privileged information. The immediate supervisor’s permission will normally be granted except when in his/her opinion workload or other organizational needs such as training or meetings precludes such approval. Such approval will not be arbitrarily, capriciously, or discriminatorily denied. The supervisor will keep the employee’s whereabouts confidential except for other managers on a need-to-know basis. In all cases involving the exceptions enumerated above, the employee will leave a note indicating the time of leaving and expected return.
Section 8.
Each employee shall have a reasonable amount of official time, during his/her official work schedule, normally not to exceed ten (10) hours, if necessary, for preparation of a grievance and ten (10) hours, if necessary, for preparation for arbitration. All time spent pursuant to this section shall be reported to the supervisor and recorded on a form (Grievance/Arbitration Preparation Time Form) by the supervisor. The employee will initial the form and a copy will be provided to CREA. Official time available to any employee for such purpose shall not normally exceed a total of 15 percent of any given work week for any and all of the employee’s grievances and appeals. The use of official time shall not include such time spent presenting grievances and/or appeals to appropriate management officials or arbitrators. The use of official time for these purposes is subject to prior supervisory notice, and shall be subject to workload or other organizational needs. Employees shall not abuse this grant of official time by unduly absenting themselves from their assigned work. Determination as to whether official time is being used within reasonable limits will be made by the Library, after discussion and consultation with the President of the Association or his/her designee. This determination may be grieved under Article 31 Grievance Procedure. (A supervisor may always require an employee to account for the use of official time and whereabouts under sections 7A and 8; however, in any discussions with their supervisors relating to these Sections, employees shall not be required to disclose confidential and/or privileged information.) The Library reserves the right to require supervisory approval prior to the exercise of any employee rights under Sections 7A and 8 for legitimate job related reasons.
Section 9.
It is the policy of the Library not to intervene in matters of disputed employee debt. In the event of a dispute between an employee and a private individual or a firm with respect to an alleged debt or financial obligation, the Library shall not furnish any debt collector with information about an employee, without the employee’s permission, except to verify (but not disclose) employment status, length of service, and salary level.
Section 10.
The Library agrees to offer notary services to all employees to meet official needs. Notaries will provide free services to employees to meet their personal needs provided such arrangements do not interfere with official work. A list of notaries will be provided in the Library and CRS telephone directories.
Section 11.
The Parties recognize that any management action with respect to employee conduct off duty and off Library premises shall be taken in conformance with Library regulations (see LCR Volume9 Chapter 1700 in particular), applicable laws, or directives from higher authority.
This section does not waive, supersede, or limit any legal rights of the Association to bargain over or otherwise address any subsequent proposal by the Library to institute any program or drug or polygraph tests of employees.
Section 12.
The Library agrees to continue to make every reasonable effort to assist employees in finding local day care facilities. The Library shall continue its on going program for the identification of local day care facilities, including information on occupancy, capacity, rate, locations, hours of operation and locality licensing required, and shall publish a list of such facilities for interested employees. The Library agrees to make this information available to all new employees and to others upon request to the Women’s Program Office.
Section 13.
In accordance with the Americans With Disabilities Act and appropriate LCRs, including LCR 9-121*, the Library shall provide services to qualified individuals when needed for the accomplishment of official work.
Section 14.
Employees shall dress in good taste as reflected by a clean appearance and appropriate dress.
Section 15.
Prior to enforcing an LCR involving personnel policies, practices, and conditions of employment, where the Library believes that it may have been lax in enforcement, the Library agrees to consult with the Association regarding the matter.
* LCR 9-121 was formerly LCR 2025-8, “Accommodations and Remedies for Discrimination Pursuant to the Americans with Disabilities Act (ADA)”.