Article 5: Employee and Union Rights

5.1 Employee Rights

5.1.1

The parties agree that all employees in the bargaining unit are entitled to all of the rights and privileges delineated in this Agreement. There shall be no rights implied beyond the specific terms of this Agreement and the Union shall be the exclusive representation of those rights.

5.1.2

The collective bargaining agreement will be the exclusive remedy for an employee and/or the Union to contest or otherwise challenge any action on the part of the Employer affecting rights of employees or the Union contained in this Agreement.

5.2 Union Rights

5.2.1

The parties agree that the Union shall be entitled to all of the rights and privileges delineated in this Agreement. There shall be no rights implied beyond the specific terms of this Agreement.

5.2.1.1

Union officials and/or representatives not employed by the College shall have reasonable access to the College's premises for the purpose of conferring with the College's representatives and employees for the administration of this Agreement, provided that prior arrangement is made through the College's Labor Relation's Office.

5.2.1.2

Neither the Union nor the Local Union, nor any employee shall conduct Union business on the College's premises except:

5.2.1.2.1
Solicitation of Union membership during lunch and break periods will be allowed.

5.2.1.2.2
Upon approval, Union representatives may confer with the College and employees regarding the administration of this Agreement.

5.2.1.2.3
Notices, papers, leaflets, handbills and/or literature that have been approved by the College's Labor Relation’s Officer may be posted on employee bulletin boards so long as nothing political, inflammatory, derogatory or disruptive to good labor/management relations is contained in the materials that are posted. The parties agree that only mailings posted through the United States Postal Service may be sent through the College’s mail service. Employees disseminating information in accordance with this provision shall do so only on non-CNM paid time.

5.2.1.2.4 
The Union shall have the right to use the electronic mail systems or other similar communication systems of CNM to communicate with the bargaining unit regarding collective bargaining and the administration of the agreement, investigation of grievances or other disputes, and matters involving the governance or business of the Union. Nothing inflammatory, derogatory, or disruptive to good labor management relations shall be contained in the email or written documents to be distributed and/or posted by Union representatives. For email communications to the entire bargaining unit utilizing the CNM email system the Union agrees to provide a copy in advance. The College shall not unreasonably delay or deny the Union’s request. Email communication between a Union Representative and an individual or individuals in the bargaining unit shall not be subject to approval. College Resources shall not be used for any Union activity including but not limited to political issues or a campaign for an individual candidate or an organization unless specifically authorized elsewhere in this agreement unless the parties agree to an exception. In the event the College believes that a violation of this article has occurred it shall be brought to the attention of the Union President and the distribution in question shall be halted.

5.2.1.2.5 
CNM shall permit the Union to use facilities for the purpose of conducting meetings with the bargaining unit without undue interference and as long as such meetings do not interfere with the operations of the employer.

5.2.1.3

The Local Union will furnish the CNM Labor Relations Officer, in writing, the names and respective authorities of Local Union representatives who have been designated to perform duties of the Local Union. Individuals whose name does not appear on this list shall not be recognized and afforded any rights and/or privileges of this Agreement. The list will be updated when deletions or additions have occurred.

5.2.1.4

Upon approval from the CNM Labor Relations Officer or designee, Local Union Representatives may be released from duty to confer with College representatives and employees regarding grievances or the administration of this Agreement. Such time off will be without pay. Such time will not be considered time worked for the purpose of computing overtime. Individuals whose name does not appear on this list shall not be recognized and afforded any rights and/or privileges of this Agreement. The list will be updated when deletions or additions have occurred.

5.2.1.5

For the purpose of complying with Union leave requests, requested time off of one (1) day or less shall be requested at least twenty-four (24) hours in advance, except in an emergency situation. Requests for absences of more than one (1) day shall be in writing and at least three (3) working days in advance.

5.2.1.6

Extended Leave Without Pay for Union Business. Local Union representatives who are Employer employees are eligible for extended leave without pay for the purpose of conducting Union business subject to the following conditions.

5.2.1.6.1
A written request must be submitted at least fourteen (14) calendar days in advance of the time of the requested leave.

5.2.1.6.2
The representative shall suffer no loss of seniority.

5.2.1.6.3
The representative shall be eligible to continue group benefits as contained in the Agreement, provided he/she pays both the employee's and Employer's portion of the premium cost.

5.2.1.6.4
The representative will be returned to the job title vacated, or one of equal pay.

5.2.1.7

The College agrees that the Union will be provided public information only as indicated below. The Union agrees that all information requests will comply with the following provisions and requests that are not in conformance with the provisions of this Article will not be honored.

5.2.1.7.1
All requests will be limited to information that is directly relevant to the Unions responsibility to represent employees or pursuant to the Public Records Act.

5.2.1.7.2
The Union shall make such request in writing to the Colleges Labor Relations Officer.

5.2.1.7.3
The CNM Labor Relations Officer, or designee, shall meet or confer via telephone with Union representative and the Labor Relations Officer, or designee, will determine which portions of the requested information complies with sub section 5.2.1.7.1 above.

5.2.1.7.4

Upon request, but no more than three times per year, the Employer will furnish the Union a list of all bargaining unit employees including all information as contemplated in PEBA, Section 10-7E-15, (F) (1-3) Exclusive Representation.

5.2.1.7.5
The union may request additional information, subject to 5.2.1.7.3.

5.2.1.8

The College agrees that the Union will be provided 30 minutes on employer paid time to meet with new employees or make a presentation during new employee orientation, at a time determined by the College.