(a) Eligible employees shall have the right to organize, form, join, assist, participate in, and pay dues or contributions to employee organizations, to bargain collectively through an exclusive bargaining representative of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid and protection insofar as such activity is not inconsistent with a collective bargaining agreement in effect. Employees shall also have the right to refrain from any or all such activities.
(b) Eligible employees have the right to request representation by their exclusive bargaining representative and have their representative present during any investigative interview conducted by the County if the eligible employee reasonably believes that the interview involves a matter that could lead to the employee's discipline. The County's Human Resources staff and/or Loudoun County Fire Rescue Office of Professional Standards staff shall inform eligible employees of their right to request representation prior to conducting an interview of the eligible employee as part of a formal inquiry or investigation.
(c) Employees shall have the right to meet informally with County human resources personnel or County management at the employee's request to discuss any employment related or personal matter without the presence of the exclusive bargaining representative. However, if the matter involves a subject governed by the collective bargaining agreement, the matter shall be discussed with the exclusive bargaining representative as soon as practicable without identifying the employee. Any remedy afforded the employee shall be consistent with the terms of the collective bargaining agreement, if applicable. Such employee or employees who use this avenue for presenting complaints, concerns, or questions to the County shall not do so under the name, or by representation, of an employee organization.
(d) Employees shall have the right to hold informal employee conversations and interactions with one another to discuss workplace and employee organization issues with each other while on duty, provided that such conversations do not interfere with the employee's job duties. Employees shall also have the right to use County email systems to discuss employee organization business or activities, or employee organizing activity subject to the terms of the CBA and the County's Department of Information Technology (DIT) email security policies (Note: union recruitment emails are not considered solicitations).
Records in the County's email system may be subject to disclosure by law, in litigation or otherwise and as such, such communications on County email systems are not considered private. The County's access to or disclosure of emails required by law, for use in litigation or administrative hearings, for use in investigations, or for other proper business or governmental purposes shall not be considered a prohibited activity/unfair labor practice.
(Ord. 21-19. Passed 12-7-21.)