ARTICLE 3

**RIGHTS AND OBLIGATIONS OF THE PARTIES**

**Section 3.01 - Governing Authorities**. In the administration of all
matters covered by this Agreement, the parties are governed by existing
and future laws, existing Governmentwide regulations, and existing and
future decisions of outside authorities binding on the Department.

**Section 3.02 ‑ Rights of Union Recognition**. The Union is the
exclusive representative of the employees in the unit and is entitled to
act and contract for all employees in the unit. The Union is responsible
for representing the interests of all employees in the bargaining unit
without discrimination and without regard to labor organization
membership. Management shall fulfill any bargaining obligations imposed
by law. Soliciting of membership in the Union is internal Union business
and is prohibited on official time.

**Section 3.03 ‑ Union Presence at Formal Discussions**.

\(1\) The Civil Service Reform Act of 1978 provides that the Union shall
be informed of and be entitled to be present at \"all formal
discussions\"[^1] between one (1) or more representatives of Management
and one (1) or more unit employees, or their representatives, concerning
any grievance, personnel policies and practices, and other general
conditions of employment. Consistent with the Act, Management will not
communicate directly with employees regarding conditions of employment
in a manner which under the law will improperly bypass the Union. The
Union representative may participate and ask questions, as appropriate.

\(2\) Meetings held for the purpose of making a statement or
announcement and not to engender a dialogue, if they meet the Federal
Labor Relations Authority (FLRA) criteria, are formal discussions. It is
not necessary that a meeting propose or result in a change in working
conditions or personnel policies or practices to be considered a formal
meeting. In a number of case decisions, the FLRA has noted several
factors relevant to a determination of whether discussions are formal.
These factors are:

\(a\) Whether the individual who held the discussions is a first-level
supervisor or is higher in the management hierarchy;

\(b\) Whether any other Management representatives attended;

\(c\) Where the individual meetings took place, i.e., the supervisor\'s
office, at each employee\'s desk, or elsewhere;

\(d\) How long the meetings lasted;

\(e\) How the meetings were called, i.e., with formal advance written
notice or more spontaneously and informally;

\(f\) Whether a formal agenda was established for the meetings;

\(g\) Whether each employee\'s attendance was mandatory; and

\(h\) The manner in which the meetings were conducted, i.e., whether the
employee\'s identity and comments were noted or transcribed.

FLRA has further stated that this list of eight (8) factors is not
exhaustive, that other factors may be identified and applied as
appropriate in a particular case, and in determining the \"formality\"
of the meeting, the FLRA will consider the totality of facts and
circumstances presented.

\(3\) Examples of discussions which would be formal, if the above
described factors are present, are meetings between bargaining unit
employees and Management representatives to discuss such topics as
reorganizations, space changes, reductions-in-force, and office
relocations. Other examples are employee orientations and exit
interviews. These examples are not intended to be exhaustive.

**Section 3.04 ‑ Proper Notice**. Notice to the Union of a formal
meeting shall be provided to the designated Union representative as soon
as Management has the information stipulated below, but generally not
less than forty-eight (48) hours in advance of the meeting, except in
unusual circumstances. The notice shall include:

\(1\) The general nature of the meeting;

\(2\) Copies of any handouts that will be distributed, if available; and

\(3\) The general identification of who will be expected to attend.

**Section 3.05 ‑ Union Delegations of Authority**. The Union may
delegate its authority as exclusive representative to whatever agent it
deems appropriate. Management shall recognize such agents and conduct
appropriate labor relations business with them, upon receipt of written
delegations. The Union shall hold its agents responsible for complying
with this Agreement and the labor relations chapter of the Civil Service
Reform Act of 1978.

**Section 3.06 - Management Rights**. Nothing in this Agreement shall
affect the authority of Management:

\(1\) To determine the mission, budget, organization, number of
employees, and internal security practices of the agency; and

\(2\) In accordance with applicable laws and its duty to bargain on such
matters, to the extent provided by law:

\(a\) To hire, assign, direct, lay off, and retain employees in the
agency; or to suspend, remove, reduce in grade or pay; or take other
disciplinary action against such employees;

\(b\) To assign work, to make determinations with respect to contracting
out and to determine the personnel by which agency operations shall be
conducted;

\(c\) With respect to the filling of positions, to make selections for
appointments from:

o Among properly ranked and certified candidates for promotion; or

o Any other appropriate source.

\(d\) To take whatever actions may be necessary to carry out the agency
mission during emergencies.

**Section 3.07 - Management Delegations of Authority**. Should a Union
representative be uncertain of which official in management has
authority to represent the Department on a matter of concern, such
information may be requested by the Union. Management shall promptly
reply to such requests.

**Section 3.08 - HUD and Other Surveys**. Management will provide the
Union with an advance copy of all HUD surveys and other non-HUD surveys
on personnel practices, policies and working conditions, if Management
receives them in advance. Results,

analyses, and recommendations produced by these surveys will be shared
with the Union before it is communicated to Bargaining Unit employees.
Surveys initiated with the Union\'s concurrence shall include a
statement on the survey indicating the Union\'s concurrence.

**Section 3.09 - Conduct of Labor-Management Relations**.
Represen­tatives of the parties shall conduct themselves in the
professional manner that their positions and responsibilities warrant.
The parties to this Agreement shall strive to achieve a relationship
based on mutual trust and respect for the job each is required to do.

**Section 3.10 - Agency Regulations**. Management will furnish the
Council with an advance copy of any proposed change in agency
regulations referred to in this Agreement governing personnel policies
and practices, and general conditions of employment. This Section shall
not be construed to require Management to issue, change, or retain a
regulation, but is intended to effectuate stability and fairness in
implementing regulations.

[^1]: ^    ?^ In formal discussions, the Union representative may
    participate and ask questions, as appropriate. In this instance
    \"participate\" means the right to comment, speak and make
    statements.