JOINT BASE SAN ANTONIO, Texas –
Title 5, U.S. Code, Chapter 71, is commonly referred to as the “Federal Service Labor-Management Relations Statute,” or the “statute” for short. It governs the federal sector labor relations program throughout covered government agencies for more than 1.9 million employees.
One requirement of the statute is that agencies must annually remind bargaining unit employees of their “Weingarten Rights.”
However, some may not know what a "Weingarten Right" actually is. A duly recognized union is entitled to represent bargaining unit employees in meetings with management in connection with an investigation.
The Federal Labor Relations Authority, or FLRA, the federal agency charged with the administration and enforcement of the statute, has consistently held that three conditions must be met for a meeting to be considered a “Weingarten” meeting:
(1) One or more agency representatives are examining (questioning) a bargaining unit employee in connection with an investigation;
(2) The employee reasonably believes that the examination may result in disciplinary action against the employee; and
(3) The employee requests union representation.
In accordance with 5 U.S.C. 7114(a)(3), agencies shall annually inform its employees of their rights under paragraph 7114(a)(2)(B) to request union representation in meetings with management in connection with an investigation, if the criteria put forth above is met.
Questions regarding “Weingarten Rights” or general questions regarding the Federal Service Labor-Management Relations Statute may be directed to the staff of the Labor Management Relations Office, Civilian Personnel Services.
For more information at Joint Base San Antonio-Fort Sam Houston, call 808-0205; at JBSA-Lackland, call 671-4528; and at JBSA-Randolph, call 652-7700.