It is the intent of the Parties that all employees shall be treated with fairness, dignity, mutual respect and courtesy.

Rules, regulations, and the provisions of this Agreement should be enforced by management, and employees are expected to comply with them. Where management finds that employee conduct is inconsistent with applicable rules, regulations, or the provisions of this Agreement, and that this conduct has been due to lack of enforcement, management should apprize the employee of what is expected prior to starting to enforce that rule, regulation, or provision of this Agreement.

Employees covered by this Agreement shall have the right to form, join, or assist any labor organization, or to refrain from any such activity, freely and without fear of penalty or reprisal, and each employee shall be protected in the exercise of such right. Except as otherwise provided in the Civil Service Reform Act of 1978, such rights include the right:

A. To act for a labor organization in the capacity of a representative and the right, in that capacity, to present the views of the labor organization to heads of Agencies and other officials of the Executive Branch of the Government, the Congress or other appropriate authorities; and

B. To engage in Collective Bargaining with respect to conditions of employment through the Union as provided by law and this Agreement.

Nothing in this Section, or this Agreement, authorizes participation in the management of a labor organization by a management official, or a confidential employee, except as specifically provided in the Civil Service Reform Act of 1978, or by an employee if the participation or activity would result in a conflict or apparent conflict of interest or would otherwise be incompatible with law or with the official duties of the employee.

In seeking remedial relief under this Agreement, the grievant and the duly designated Union representative, if any, shall be free from restraint, interference, coercion, discrimination, and reprisal.

Employees have an obligation to follow and carry out a supervisor's lawful order and/or instruction(s). Failure to carry out a lawful order and/or instruction(s) may result in disciplinary action up to removal.

An employee who believes that the supervisor's order and/or instruction(s) is unlawful, may do any or all of the following:

A. Give the supervisor a written statement expressing the employee's objection to the order;

B. Report the alleged violation to the HHS - Office of Inspector General or 1-800-447-8477; or

C. Verbally inform the supervisor of his concerns.

Nothing in this Agreement shall be construed to preclude an employee from:

A. Being represented by an Attorney or other Representative, other than the Exclusive Representative, of the employee's own choosing in any grievance or appeal action; or

B. Exercising a grievance or appellate rights established by law, rule, or regulation; except in the case of grievance or appeal provisions contained in this Agreement.

A. The Agency recognizes that an employee's financial obligations or obligations alleged by any creditor are private matters. In the event of a dispute between an employee and a private individual or firm with respect to an alleged debt or financial obligation, the Agency will not take any action against the employee which is contrary to law, rule, or regulation.

B. Any NIH official who has authority to take, direct others to take, recommend, or approve any personnel action, shall not discriminate for or against any employee on the basis of conduct which does not adversely affect the performance of the employee or the performance of others; except that nothing in this Subsection shall prohibit the Agency from taking into account in determining suitability or fitness any conviction of the employee for any crime under the laws of any State, the District of Columbia, or the United States.

C. No employee will be required to perform work without being in an official duty status. Private lives and off duty hours of employees will not be infringed upon, to the maximum extent feasible, by the Agency except for bonafide management reasons, in accordance with government wide rules, regulations or law.

A. Definition - For the purpose of this Article; solicitation of employees in the bargaining unit means requests for contribution for the Combined Federal Campaign, participation in savings bond drive, blood drive, or other Agency approved solicitations which have been announced in generally published Agency directives.

B. Participation - Contributions from employees in the Bargaining Unit and participation by employees in the unit to solicit contributions shall be voluntary. There shall be no discrimination against any employee in the unit for nonparticipation or for any level of contributions. An employee in the bargaining unit may be requested to volunteer to solicit contributions. A management or supervisory employee may participate in direct solicitation of employees in the Bargaining Unit which are not under their direct supervision.

C. Contributions for gifts for supervisors, management officials or fellow employees will be strictly voluntary, as provided by law.

The Union shall be notified in advance of studies by management affecting conditions of employment. The Union may request to negotiate on issues related to the studies which impact on the Bargaining Unit to the maximum extent permissible by law. The Union will request bargaining in accordance with the time frames established in Article 2, Section 3. The results of any such study that will create a change in the conditions of employment shall be shared with the Union, in its capacity as the employee's representative, upon completion o f the study. Either independently or through the Union, an employee has the right to respond to any such study conducted by the Agency.

Employees have the right to play radios, cassettes, etc., on the work site so long as the use does not disturb the productivity of the employee or other employees within the work site and does not distract clientele. The use of audio devices will be limited where safety becomes a major concern.

Consistent with the management's right to assign work to employees and to determine methods and means of performing work, employees can normally expect assignments to be made consistent with grade level, position description, and performance. Employees will usually receive instructions from and make reports through established supervisory/managerial channels as described or depicted in pertinent position descriptions, organizational charts, and directives. Exceptions to these practices will not be done on a routine basis, unless in accordance with Article 21, Training. Employees in the unit will be informed of whom they are to look to for supervision and performance appraisal.

The Agency will not ordinarily request or require an employee in the bargaining unit to submit to a polygraph test.

A. The Official Personnel Folder will be maintained, and retained, in accordance with law, Government-wide regulations, and this Agreement.

B. Employees may be granted reasonable amounts of time, upon approval of the Supervisor, to:


1. Examine any of the records in their Official Personnel Folder (SF-66). Any documents that are part of an employee's Official Personnel Folder (OPF) will be available for review upon request of the employee; and

2. Submit to the appropriate Personnel Officer responses to material placed in the records.

Any employee or group of employees in the unit may present disputes to the Employer under the negotiated dispute resolution procedure set forth in Article 31 and have them adjusted, without the intervention of the Union, as long as the adjustment is not inconsistent with the terms of this Agreement and the Union is notified in advance of all meetings and given the right to be present during the dispute resolution proceeding. The Union will be given copies of all dispute replies in such cases. Employee disputes may not proceed to grievance or arbitration without the consent of the Union.

An employee covered by this Agreement may, without fear of penalty or reprisal, engage in the disclosure of information which the employee reasonably believes evidences:

A. A violation of any law, rule, or regulation; or

B. 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.

C. Alleged violation may be reported to OIG on 1-800-447-8477.

A. Any formal discussion between one (1) or more representatives of the Employer and one (1) or more employees in the unit or their representatives concerning any grievance or any personnel policy or practice or other general conditions of employment; or

B. Any examination of an employee in the unit by a representative of the Employer in connection with an investigation if:


1. The employee reasonably believes that the examination may result in disciplinary action against the employee; and
2. The employee requests representation.