Your Right to Union Representation During an Investigatory Interview (Weingarten Rights)

Several members have asked for clarification regarding management’s recent mass mailer regarding Weingarten rights (the notice was sent February 10, 2015 at 12:09 p.m. with the subject “Annual Weingarten Right Notice to Bargaining Unit Employees”).  Since management gave only the basic annual notice required by law, we are providing additional information. 

 If you find yourself summoned to an investigatory interview, then you should exercise your Weingarten rights and immediately request union representation.  It is up to you to request a union representative.  Do not wait for management or whomever is questioning you to ask if you want a union representative.  

 

·        What is an investigatory interview?  An investigatory interview happens when 1) any representative of the agency questions you and 2) you reasonably believe that discipline or some other adverse consequence could result.   Note that meetings where management only wants to discuss your performance or work assignments do not typically trigger Weingarten rights. 

 

·        Who is a representative of the agency?  A representative of the agency is anyone acting on behalf of the agency and typically includes: your supervisor or someone else in management, representatives from labor and employee relations (LER) or human resources (HR), or an investigator from the Office of the Inspector General (OIG).  Other people may be acting as representatives of the agency, as well. 

 

·        Why are they called Weingarten rights?  Weingarten comes from the name of the case that established an employee’s right to have a union representative present when being questioned by management about potential misconduct, if the employee requests union representation.

 

The following helpful information is excerpted from NTEU National’s website (www.nteu.org): 

 

Interview Request? Call NTEU First

Federal employees are a scrutinized bunch. They are poked and prodded and sometimes, investigated. If you get summoned to an investigatory interview, even if you are not the focus of the investigation, here is some good advice: contact your local NTEU chapter. It is an important step for two reasons: one, employees generally do not get union representation during such interviews unless they ask for it; and, second, interview requests can come from a number of sources, not all of which are required to notify NTEU of an upcoming interview. Under federal labor law, you have the right to be represented during any interview you reasonably believe could result in discipline—but you have to ask for representation. That is why the first step you should take is to inform NTEU that you have been scheduled for an interview, whether or not you are the principal subject of the interview. Your right to representation is named for the 1975 Supreme Court case that gave rise to it. They are your ‘Weingarten rights.’ That was a private sector legal case, but when the 1978 Civil Service Reform Act was passed, Congress included Weingarten rights for federal employees. It doesn’t matter who scheduled the interview…. so long as the interviewer is acting as a representative of the agency and you reasonably believe discipline could result. Always assume you have the right to representation and be sure to ask for it. “The right to be represented during an investigatory interview is a very important one for federal employees,” said President Colleen M. Kelley. “NTEU representatives can help employees during the interview by clarifying questions or answers, help the employee provide favorable or extenuating facts, and advise the employee or suggest others who may have knowledge of relevant facts.” Remember to ask for representation. It’s your right under the law.

If you have believe you are in need of union representation, please contact NTEU280 immediately.  We are here to assist you. 

 

Amer Al-Mudallal, President, NTEU 280, 202-566-2789

Diane Lynne, Executive Vice President, NTEU 280, 202-566-2786

Anne-Marie Pastorkovich, Senior Vice President, NTEU 280, 202-566-2787

Sean Carter, Chief Steward, NTEU 280, 202-566-2784

 

NTEU Files National Grievance against EPA Over Retroactive Transit Subsidy Benefits

On December 19, 2014, the Tax Increase Prevention Act (TIPA) was signed into law. The legislation retroactively increased the maximum, nontaxable amount of the transportation fringe benefit from $130 per month to $250 per month for calendar year 2014, although it did nothing to extend that benefit into 2015. 

 

Article 57 of the parties’ Collective Bargaining Agreement requires the EPA to “support the transit subsidy program to the maximum allowable as a tax-free benefit under the Internal Revenue Service Code.”

 

After TIPA was enacted, NTEU contacted EPA to ascertain whether the agency would pay retroactive transit subsidies to employees for 2014.  On February 18, 2015, EPA informed NTEU that the agency will not be providing a retroactive transit subsidy for 2014.  Consequently, NTEU has a national grievance against EPA seeking to recover retroactive transit subsidy benefits for bargaining unit employees who incurred public transit costs of more than $130 per month and up to $250 per month in commuting costs.  In accordance with Article 57 the parties’ Collective Bargaining Agreement, EPA must pay the difference between the $130 monthly transportation subsidy and up to the retroactive monthly subsidy of $250 to employees who paid more than $130 per month in public transportation costs for the period of January 1, 2014 through December 31, 2014.

 

NTEU recently received favorable FLRA decisions in both HHS and CBP concerning retroactive transit subsidies, and we expect a similar outcome with our national grievance against EPA.

 

For more information, contact: 
Amer Al-Mudallal, President
NTEU Chapter 280 202-566-2789

Update on Bicycling at EPA HQ

Back in June, we had reported upon issues and concerns NTEU280 had raised with regard to the inadequacy of bike facilities at Federal Triangle.  The urgency came about because of the rapid consolidation of EPA's L Street employees into Federal Triangle.  (About 20% of L Street employees bicycled in at least some of the time, which is an extremely high bicycling participation rate.)   

Many months have passed, and we are happy to report that we have made progress on bicycling facilities issues.  While still at EPA, former Deputy Administrator Bob Perciasepe took a personal interest in bicycle commuters and in facilitating a cooperative approach.  There is now an EPA Bicycle Facilities Workgroup, which includes members representing the bicycling community (HQ bicycling coordinators in Federal Triangle and Potomac Yard), employee unions (NTEU280, AFGE3331), and facilities management (SHEMD, LER).  Working together, we have identified many needs and goals, both short and long term, and we have already begun to make visible progress towards developing safe, clean, attractive, and necessary facilities for bicycle commuters.  For example, employees may have noticed the courtyard racks that were installed in the Fall.  Facilities, working with GSA, was able to refurbish, re-paint and re-use existing racks, meeting a need for additional covered and secure bike parking - and saving funds at the same time. 

NTEU280 is encouraged and enthused to work cooperatively to improve existing bike facilities and to plan for the development of future bike facilities at EPA HQ buildings.

"NTEU: Building a Stronger America" - 2015 - Washington, DC

Representatives of NTEU chapters from all over the country have arrived in DC for the 2015 Legislative Conference.  The theme this year is NTEU:  Building a Stronger America.  Today there was an plenary session, hosted and addressed by President Colleen Kelley.  Among the speakers were Senator Mazie Hirono and NTEU National Vice President Tony Reardon.  Major issues queued up for NTEU members this year include the following items that have a direct impact upon our NTEU280 members: 

• Sequestration and Agency Funding.  You may recall that there was a Bipartisan Budget Act of 2013 that provided temporary relief covering FY14 and FY15.  But absent further action, sequestration is here to stay through 2021 and we could start feeling its sting anew in FY16, when the temproary relief ends.  Therefore, NTEU continues its call to end the sequestration.    
• Federal Employee Pay.  As we are all painfully aware, over the past five calendar years, Federal employees have received only two 1% pay raises, in 2014 and 2015.  (For 2011-2013, there was no adjustment at all to the pay scale.)  There has been no change to locality pay for the past five calendar years.  At the opening address, President Colleen Kelley explained how and why NTEU supports a 3.8% pay raise for 2016.  This modest amount would both take a step towards a more "normal" pay raise and would also address the lagging locality pay.
• Federal Retirement.  Twenty-five years ago, FERS replaced CSRS.  Although from an employee perspective, FERS is less generous than the "old" CSRS system, FERS has achieved its stated goals of being both sound and funded.  Many of us may not realize this, but newer employees have faced "tweaks" to FERS effective December 31, 2012 and December 31, 2013, respectively, and that these "tweaks" have resulted in them paying more for their retirement benefits than those of us hired before those dates.  An employee hired after December 31, 2012, pays 2.3% more of their salary towards retirement benefits.  And, as of December 31, 2013, that amount bumped up by an additional 1.3%, which means that the newest hires are paying 3.6% more for their retirement benefits.  This devaluation of retirement benefits affects recruitment and retention efforts by agencies. 
• Employee Rights in the Federal Workplace.   Most government employees, including those in our bargaining unit, have due process and contractual rights that protect them should management decide to take an adverse action against them.  These due process and contractual rights are valuable as they may protect an employee who, in the course of doing his or her duty, points out ("blows the whistle") waste or other wrongdoing.  These rights also help to ensure that personnel actions are done correctly and are carried out lawfully.  Maintaining employee rights maintains the integrity of government service. 

Although not directly related to our agency, there is a serious issue that directly affects our sister Chapters in CBP.  At the opening address, President Kelley pointed out that DHS was not funded for all of FY15 with the rest of  our agencies - and that their funding, frozen at FY14 levels, only runs through February 27th. Therefore, time is running out to address their budget and avoid a lapse in funding. 

President Kelley reported that the regulations for phased retirement have now happened, and that now NTEU is focusing on getting agencies to actually implement them.  She also spoke about the recent Presidential instruction regarding parental leave and NTEU's focus on moving that issue forward. 

In her opening address, President Kelley welcomed representatives from some newer NTEU Chapters, including those at Commodity Futures Trading Commission and the National Park Service in the National Capital Area.  There is strength in numbers.