Anniston Army Depot

Weingarten Rights and Federal Service Labor-Management Relations Statute Rights

From Staff Reports | Anniston CPAC Office


Supervisors and managers have every right to communicate with their employees, but when it comes to questioning employees, which may result in discipline, the bargaining unit employee also has rights.

Title VII of the Civil Service Reform Act of 1978, Public Law 95-454, provides that a bargaining unit employee, upon request, has the right to union representation during an investigation conducted by management, where the employee being questioned reasonably believes that the investigation may result in discipline. This right is commonly referred to as an employee's "Weingarten Rights'' after a 1975 U.S. Supreme Court decision involving a company of that name which granted this same right to workers in private industry. The provisions of the Civil Service Reform Act granting Federal employees similar rights are based upon this decision; hence, the nickname "Weingarten Rights.''

In effect, the law provides that the Union shall be given the opportunity to represent an employee during an examination, when the employee invokes his/her Weingarten Rights.

Weingarten Rights

In accordance with the requirements of 5 USC 7114(a)(3), this is to advise bargaining unit employees that:

An exclusive representative of an appropriate unit in an agency shall be given the opportunity to be represented at any examination of an employee in the unit by a representative of the agency in connection with an investigation if - (a) the employee reasonably believes that the examination may result in disciplinary action against the employee; and (b) the employee requests representation.

The Agency recognizes the rights afforded to employees under the Federal Service Labor­Management Relations Statute ("The Statute") to bargain collectively, organize and to participate in any labor organization of their choosing. As a bargaining unit employee, this notice is to inform you of these rights.

Employee Rights

5 U.S.C. §7102 provides:

Each employee shall have the right to form, join, or assist any labor organization, or to refrain from any such activity, freely and without fear of penalty or reprisal, and each employee shall be protected in the exercise of such right. Except as otherwise provided under this chapter, such rights include the right:

1) to act for a labor organization in the capacity of a representative and the right, in that capacity, to present the views of the labor organization to heads of agencies and other officials of the executive branch of the Government, the Congress, or other appropriate authorities, and
2) to engage in collective bargaining with respect to conditions of employment through representatives chosen by employees under this chapter.

5 U.S.C. §7114, in part, provides:

(a)(l) A labor organization which has been accorded exclusive recognition is the exclusive representative of the employees in the unit it represents and is entitled to act for, and negotiate collective bargaining agreements covering, all employees in the unit. An exclusive representative is responsible for representing the interests of all employees in the unit it represents without discrimination and without regard to labor organization membership. (2) An exclusive representative of an appropriate unit in an agency shall be given the opportunity to be represented at--
(A) any formal discussion between one or more representatives of the agency and one or more employees in the unit or their representatives concerning any grievance or any personnel policy or practices or other general condition of employment; or
(B) any examination of an employee in the unit by a representative of the agency in connection with an investigation if--
(i) the employee reasonably believes that the examination may result in disciplinary action against the employee; and ii) the employee requests representation.

As required by the Act and Executive Order 14025, you are hereby given bi-annual notice of these rights.

For further information, you may contact the Civilian Personnel Advisory Center, Labor Management Relations Specialist at Ext. 6919.