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.
·
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.
|
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
