Editing Article 5 1964 (section)

=== Employee Rights ===
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<li>Right to Participate</li>
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Employees have, and shall be protected in the exercise of, the right, freely and without fear of penalty or
reprisal, to form, join and assist any employee organization or to refrain from such activity. The freedom of
such employees to assist any employee organization shall be recognized as extending to participation in the
management of the organization and acting for the organization in the capacity of an organization
representative, including presentation of its views to officials of the Executive Branch, the Congress, or
other appropriate authority.
Participating in the management of or acting as the representative of an employee organization is not
permitted if such activity would result in a conflict of interest or would be incompatible with law or the
official duties of the employees.
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<li>Conflict of Interest</li>
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"Conflict of interest" shall be applied to include "persons who make or recommend management policies or
who direct, control, or supervise operations or personnel, and those associated with or assisting in such
direction or control;" for example:
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<li>employees who have responsibility for directing and controlling the program operations of the Department;</li>
<li>those supervisors who have significant managerial responsibilities;</li>
<li>employees serving in support activities whose principal duties involve advising or assisting management on program administration and/or manpower utilization in other than a clerical capacity;</li>
<li>employees directly engaged in personnel work in other than a clerical capacity;</li>
<li>employees whose assigned duties require that they represent the interests of the Department at any level in any manner in consultation or negotiations with representatives of any employee organizations.</li></ol>
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<li>Individual's Rights</li>
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The terms of this Agreement do not:
Preclude any employee of the Department from bringing matters of personal concern to the
attention of appropriate officials of the Department in accordance with applicable law, rule,
regulation, or established Departmental policy, or from choosing his own representative in a
grievance or appellate action.
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