EMPLOYEE RIGHTS

Each employee of the bargaining unit has the right, freely and without fear of penalty or reprisal, to form, join and assist the Union or to refrain from any such activity, and each employee shall be protected in the exercise of this right. Except as otherwise expressly provided in the Civil Service Reform Act of 1978, the right to assist the Union extends to participation in the management of the Union and acting for the Union in the capacity of Union representative, including presentation of its views to officials of the Executive Branch, the Congress, or other appropriate authority. The Agency shall take the action required to assure that employees in the bargaining unit are apprised of their rights under the Civil Service Reform Act of 1978 and that no interference, restraint, coercion, or discrimination is practiced within the Agency to encourage or discourage membership in the Union.

An employee's off-duty misconduct shall not result in disciplinary action, unless a nexus can be shown between the employee's off-duty misconduct and the efficiency of the service. Any proposed action for off-duty misconduct will contain a statement of the nexus between the off-duty misconduct and the efficiency of the service.

Employee participation in charitable drives and U.S. Savings Bond campaigns is voluntary. The Agency shall not schedule mandatory briefings/meetings to discuss charitable drives/U.S. Savings Bond participation. Employees will be voluntarily excused from any portion of a briefing/meeting, which discusses these subjects. Solicitations may be made, but no pressure shall be brought to bear to require such participation. Flyers, bulletins, posters, etc., associated with charitable drives may be posted a reasonable amount of time prior to the opening date and shall be removed concurrent with the closing date established in accordance with 5 CFR 950.102(a).

The Agency's nepotism policies shall be uniformly administered throughout the Agency. Both Parties recognize that maintaining family integrity is desirable. In those instances when an employee's spouse or life/domestic partner holds or accepts a position in another FAA facility, the Agency will provide priority consideration to the bargaining unit employee for in-grade/downgrade reassignment through requests for transfer procedures for bargaining unit vacancies at or near the spouse's or life/domestic partner's location before candidates under other placement actions are considered. The Agency retains the right to fill vacancies from other available sources. In that such moves are primarily for the convenience or benefit of the employee, additional travel and transportation costs shall not be allowed for the spouse or life/domestic partner beyond those he/she would be entitled to as a family member. date established in accordance with 5 CFR 950.102(a).

Employees shall not be subjected to prohibited personnel practices as follows:

(a) Any FAA employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority:

i. discriminate for or against any employee or applicant for employment, on the basis of:

• race, color, religion, sex, or national origin, as prohibited under Section 717 of the Civil Rights Act of 1964 (42 USC 2000e-16);

• age, as prohibited under Sections 12 and 15 of the Age Discrimination in Employment Act of 1967 (29 USC 631, 633a);

• sex, as prohibited under Section 6(d) of the Fair Labor Standards Act of 1938 (29 USC 206(d));

• handicapping condition, as prohibited under Section 501 of the Rehabilitation Act of 1973 (29 USC 791); or

• marital status, sexual orientation, or political affiliation, as prohibited under any law, rule, or regulation;

ii. coerce the political activity of any person (including the providing of any political contribution or service) or take any action against any employee or applicant for employment as a reprisal for the refusal of any person to engage in such political activity;

iii. deceive or willfully obstruct any person to withdraw with respect to such person's right to compete for employment;

iv. influenceanypersontowithdrawfromcompetition for any position for the purpose of improving or injuring the prospects of any other person for employment;

v. grant any preference or advantage not authorized by law, rule, or regulation to any employee or applicant for employment (including defining the scope or manner of competition or the requirements for any position) for the purpose of improving or injuring the prospects of any particular person for employment;

vi. takeorfailtotake,orthreatentotakeorfailtotake,a personnel action with respect to any employee or applicant for employment because of:

• any disclosure of information by an employee or applicant which the employee or applicant reasonably believes evidences: a violation of any law, rule or regulation; gross mismanagement, a gross waste of funds, an abuse of authority; or a substantial and specific danger to public health or safety, if such disclosure is not specifically prohibited by law, and if such information is not specifically required by Executive Order to be kept secret in the interest of national defense or the conduct of foreign affairs; or

• any disclosure to the Special Counsel or to the Inspector General of an Agency, or another employee designated by the head of the Agency to receive such disclosures of information which the employee or applicant reasonably believes evidences a violation of any law, rule, or regulation, or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety;

vii. to take or fail to take, or threaten to take or fail to take, any personnel action against any employee or applicant for employment because of:

• the exercise of any appeal, complaint, or grievance right granted by law, rule, or regulation;

• testifying for or otherwise lawfully assisting any individual in the exercise of any right referred to in this Section;

• cooperating with or disclosing information to the Inspector General of any Agency, or the Special Counsel, in accordance with applicable provision of the law; or

• for refusing to obey an order that would require the individual to violate a law;

viii. discriminate for or against any employee or applicant for employment on the basis of conduct which does not adversely affect the performance of the employee or applicant or the performance of others; except that nothing in this paragraph shall prohibit an Agency from taking into account, in determining suitability or fitness, any conviction of the employee or applicant for any crime under the laws of any State, of the District of Columbia, or the United States; or

ix. take or fail to take any other personnel action if the taking of or failure to take such action violates any law, rule, or regulation, implementing or directly concerning, the merit system principles contained in this Section.

(b) Nothing in this Article shall be construed to authorize the withholding of information from the Congress or the taking of any personnel action against an employee who discloses information to the Congress.

i. The head of each line of business or staff organization shall be responsible for the prevention of prohibited personnel practices, for the compliance with and enforcement of applicable civil service laws, rules, and regulations, and other aspects of personnel management. Any individual to whom the head of a line of business or staff organization delegates authority for personnel management, or for any aspect thereof, shall be similarly responsible within the limits of the delegation.

ii. This section shall not be construed to extinguish or lessen any effort to achieve equal employment opportunity through affirmative action or any right or remedy available to an employee or applicant for employment in the civil service under:

• Section 717 of the Civil Rights Act of 1964 (42 USC 2000e-16), prohibiting discrimination on the basis of race, color, religion, sex, or national origin;

• Sections 12 and 15 of the Age Discrimination in Employment Act of 1967 (29 USC 631, 633a), prohibiting discrimination on the basis of age;

• Section 6(d) of the Fair Labor Standards Act of 1938 (29 USC 206(d)), prohibiting discrimination on the basis of sex;

• Section 501 of the Rehabilitation Act of 1973 (29 USC 791), prohibiting discrimination on the basis of handicapping condition; or

• the provision of any law, rule, or regulation prohibiting discrimination on the basis of marital status, sexual orientation, or political affiliation.

FAA regulations on outside employment and financial interests shall be uniformly administered throughout the bargaining unit.

Bargaining unit employees may have access to any of the Agency's facilities after prior coordination with the management of the facility to be visited. Approvals shall not be unreasonably denied.

Employees covered by this Agreement shall have the protection of all rights to which they are entitled by the Constitution of the United States.

Radios, television sets, appropriate magazines/publications, pagers/cellphones, and electronic devices will be permitted in designated non-work areas at all facilities for use at non-work times. Between the hours of 10:00 PM and 6:00 AM, radios and appropriate printed reading material will be permitted in operational areas, as traffic permits. The operation of weather radios shall be permitted in operational areas.

Pagers/cellphones/cellphone watches/fitness trackers will be permitted in operational areas but shall be set in the “off” (powered down) position. If the device cannot be powered down (turned off), it shall not be permitted in operational areas. Issues arising from non-compliance with this Section will be addressed using Article 8 and/or Article 52 of this Agreement prior to formal measures being initiated.

In the performance of his/her official duties, or when acting within the scope of his/her employment, the employee is entitled to all protections of the Federal Employees Liability Reform and Tort Compensation Act of 1988 (P.L. 100-694) regarding personal liability for damages, loss of property, personal injury, or death arising or resulting from the negligent or wrongful act or omission of the employee.

Any bargaining unit employee authorized by the Agency to attend any meetings scheduled by the Agency away from the facility shall be entitled to duty time, travel and per diem allowances, if applicable.

There shall be no prohibition on the approval of an employee's LWOP request based solely on the employee having other types of leave accrued.

Employees covered by this Agreement shall not have their reassignment unreasonably denied or delayed pending employee records/files (medical, security, eOPF/EPF, or other DOT/FAA files) review and/or transfer or for inter-service area budgetary constraints.