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Article 38: Union Access to Employer Space, Services and Bulletin Boards
The Union, upon appropriate advance request and approval, may use an Employer conference room or other meeting space, when available. Generally, such use must be for representational purposes. If meeting space is used for internal Union business, the meetings must be conducted during non-duty hours (including, during a lunch break). The Employer may rescind approval for the Union's use of meeting space if the Employer needs it. When requesting or reserving meeting space, the Union representative must indicate that the Union is sponsoring the meeting. The Union will exercise reasonable care and due consideration for the maintenance of the meeting space.
The Employer will provide the Union with a window office of at least the same square footage of office space provided to an Associate Director under the SEC Space Management Program policy in effect at the Agency, and a conference room at the SEC's Washington, D.C. headquarters building. The Union also will be provided an office of approximately one hundred fifty (150) square feet at the New York Regional Office (NYRO). In all other locations, because of the need to conduct some business in private, the Employer will provide the Union access to vacant private space, subject to operational needs, upon reasonable notice and on an "as needed" basis.
Each Union office (Headquarters, NYRO) will ensure the Union privacy and will be equipped with a locking door, a desk, one four-drawer locking file cabinet, four office chairs, one bookcase, one table, one bulletin board, an ID telephone with voicemail and TTY, a computer with internet and Commission intranet access, and one laser printer.
In those Regional Offices where no Union office is provided, private offices occupied by employees who serve as Union representatives may be used in connection with Union representational activities. These private offices also will ensure privacy and security. At each of these Regional Offices, the Employer will provide the Union with one four-drawer-locking cabinet, and the cabinet at each Regional Office will be kept in a Union representative's office.
Union representatives may use the Employer's telephones, fax machines, and photocopiers in connection with representational activities for which official time is authorized for that representative(s) under Article 39 (Official Time). This use is subject to the operational priorities of the Employer and may be reviewed periodically by the Employer and the Labor-Management Relations Committee (LMRC). A Union representative, while on official time, may use the computer workstation assigned to him/her in connection with representational activities.
Employer equipment, including computers, printers, copying equipment, fax machines and telephones may not be used for internal Union business, except pursuant to the Employer's policy permitting employees to use such equipment for reasonable personal use (see memo to all employees entitled "Personal Use of Government Office Equipment"). Internal Union business includes, but is not limited to, the solicitation of membership, elections of Union officials, and collection of dues.
The Union may use the Employer's televisions and videocassette players for Union-sponsored local training and meetings with employees (excluding internal Union business) when such equipment is reasonably available and has been requested in advance. The Employer will reasonably consider the Union's request to use the Agency's videoconference equipment/facilities in connection with activities for which official time is authorized. In such cases where a request is granted, the Union will bear all costs associated with the use of such equipment/facilities.
The Employer will print at its own expense copies of the Agreement for distribution to all bargaining-unit employees. The Employer also will provide the Union with a total of three hundred (300) printed copies of the Agreement. The Employer also will provide the Union with an electronic copy of the Agreement on diskette. The Employer will provide copies of this Agreement in Braille or on audiotape if requested by a visually impaired employee.
The local Union chapter may receive representational correspondence concerning the labor relations program via U.S. Postal Service mail or private express mail addressed to the Union or the local chapter at any of the Employer's locations. The Union is not authorized to receive mail relating to internal Union business. The Employer also agrees to allow the Union to use the intra-agency mail system for distributing mail pertaining to Union representational matters. Other than for safety/security concerns, the Employer will not open mail addressed to the Union local chapter. The Employer accepts no responsibility for lost, damaged, returned, opened or misrouted mail.
The Union may use the Employer's e-mail system to communicate with the Employer, other Union representatives, an employee, or small groups of employees regarding representational matters, and to communicate with the Employer regarding the application/interpretation of the Agreement. The Union may communicate brief announcements of meeting times, agendas, special events, or other activities via the Employer's E-mail system to all bargaining unit employees (and not to other employees) regarding representational matters, but may not use the agency's e-mail system for announcements of internal union business (e.g. membership drives, fundraising events, elections). Announcements about internal union business activities, however, may be placed on Union bulletin boards and on the Union's web-site. Permissible e-mails also may provide notice that additional information about the representational matter appears on the Union's bulletin boards or on the Union's national or local web-sites. Further, and notwithstanding the provisions of Section 3, the Union also may use the Employer's e-mail system to communicate messages to dues-paying members of the Union.
The Employer will provide the Union with a quarterly list of bargaining unit employees on diskette that contains employees' names, grades/levels and steps, series, titles, assigned organizational code and adjusted base salary for all employees in the bargaining unit. The Employer also will provide a key for its organizational codes, identifying the code for each organizational component and location. The list will identify employees who are in dues withholding status and employees' work schedule (e.g. temporary, term, permanent, full-time or part-time). This list is for the Union's internal use only.
The Employer will provide NTEU with all operating policies and procedures applicable to bargaining unit employees, as well as any other Employer directives issued to all employees in the last two years regarding personnel policies or practices. In addition, the Employer will provide the Chapter President with reasonable access to a copy of the most recent edition of the Broida FLRA and MSPB books.
The Employer will provide to the Union exclusive use of one 2 ½’ by 3 ½’ uncovered bulletin board per floor where bargaining unit employees are located. The Employer and the Union shall mutually agree to the specific location of such bulletin boards. However, such bulletin boards are not permitted to be located in the elevator lobbies and are subject to any restrictions of building management.
The Union will title the designated bulletin boards with headers indicating that such bulletin boards are sponsored by the Union. Material will be posted on the bulletin boards directly by the Union at the Union's expense.
The Union's bulletin boards will not contain materials that reflect adversely on the integrity of the Employer, any individual, other labor organizations, government agencies, or activities of the federal government. The Union may post any material from the public media (e.g., newspaper articles or columns) that relate to the operations of the Agency or the labor-management relationship. If the Employer objects to any posted item, the Employer will remove the item and inform the Union promptly. The Union will not post materials in any other public or common space in the Employer's premises (e.g., on other bulletin boards) other than on the Union's designated bulletin boards.
Upon reasonable advance written notice to the Employer's Labor Relations Office, the Union may distribute printed material to bargaining unit employees in non-work areas of the Employer's premises provided that distribution is performed by an employee during his/her non-duty time, the distribution does not create a litter problem, work disturbance, or employee traffic problem, and the material being distributed is not libelous or scurrilous.
The Union will be permitted to distribute materials in employees' mailboxes subject to the following constraints:
- Reasonable advance written notice of a planned distribution is given to the Employer's Labor Relations Office.
- The distribution will be performed by employee(s) during his/her non-duty time and the distribution occurs on a weekday between 6:30 a.m. and 9:00 a.m. or between 5:30 p.m. and 8:00 p.m.
- The distribution will not be performed in areas in which no bargaining unit employees are located.
- The distribution does not create a litter problem or a work disturbance.
- The distributed materials are not libelous or scurrilous.
All Union communications will clearly identify the Union as the source of the communication. Employees should not read the materials during duty time.