Labor Relations
GSFC-GESTA Collective Bargaining Agreement
Article 5 Employee Rights
SECTION 5.01 Each Unit employee has the right, freely and without fear of penalty or reprisal, to join or assist the Union or to refrain from any such activity. The freedom of employees to assist GESTA extends to participation in the management of GESTA and acting for GESTA in the capacity of a GESTA representative, including presentation of its views to officials of the Executive Branch, the U. S. Congress, or other appropriate authority. Neither Management nor GESTA shall interfere with, restrain, coerce, or discriminate against any employee because of membership or nonmembership in the Union or in the exercise of rights assured by the Civil Service Reform Act (CSRA). New employees shall be notified at the time of employment of their rights under the CSRA.
SECTION 5.02 All Unit employees have the right to bring matters of personal concern to the attention of GESTA representatives and/or appropriate Management officials in accordance with applicable laws, regulations, policies, and the provisions of this Agreement. In bringing such matters to the attention of Management officials, the employee has the right to have a GESTA representative present.
SECTION 5.03 Any Unit employee affected by a reduction in force (RIF) or adverse action has the right to representation by the Union in pursuing an appeal of that action.
SECTION 5.04 Nothing in this Agreement shall be interpreted as requiring an employee to become or remain a member of GESTA or to pay money to GESTA except pursuant to a voluntary, written authorization by a member for the payment of dues through payroll deduction.
SECTION 5.05 The parties agree that all the provisions of this Agreement shall be applied fairly and equitably to all Unit employees.
SECTION 5.06 An employee covered by the terms of this Agreement shall not forfeit any rights or benefits provided under this Agreement while on detail or assignment away from the Center; however, it is understood that employees must conform to the daily operational requirements at the facility or office to which they may be temporarily assigned or detailed.
SECTION 5.07 Unit employees may visit the Office of Human Resources or the Health Unit when it is necessary to do so during working hours and with prior approval from the immediate supervisor which shall not be unreasonably withheld. Except in cases of immediate need of medical attention, the time of visits to one of the above mentioned offices shall be set by the immediate supervisor based on work requirements. With respect to visits to the Health Unit, the employee shall not be required to disclose the medical problem which necessitates the visit. Supervisors, at their option, may obtain written documentation from the Health Unit certifying the visit and the employee's fitness to return to work.
SECTION 5.08 Upon request of the Unit employee, all information related to personnel issues disclosed during a visit with authorized Management officials or the Health Unit shall be considered privileged information; however, such information may be revealed to Management when there is a need to know said information in the performance of its responsibilities. Following disclosure of such information, the employee shall be promptly notified in writing of the name to whom the information was disclosed and the date and reasons for the disclosure.
SECTION 5.09 Both parties recognize that Management has the right and obligation to enter an employee's desk or cabinet if there is a concern about safety or security. However, Management will make every reasonable effort to have the employee present when compelled to enter an employee's desk or cabinet. Management also has the right to enter an employee's desk or cabinet in order to carry out urgent Government business. Such entry shall not be of a routine nature.
In the event of an employee's death, every reasonable effort will be made to contact the employee's family for instructions as to the disposition of the employee's personal effects. Upon election by the employee's family, GESTA may be present when the employee's personal effects are removed from the desk/cabinets.
SECTION 5.10 Employees, individually or collectively, have the right to petition Congress.
