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    Labor Management Relations Glossary

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    Weingarten Right

    Under § 7114(a)(2)(B), an employee being examined in an investigation (an investigatory examination or interview) is entitled to union representation if the examination is conducted by a representative of the agency, the employee reasonably believes that the examination may result in disciplinary action, and the employees asks for representation. Such examinations are called Weingarten examinations as a result of a private sector case establishing such a right. Congress specifically referred to the case when it drafted § 7114(a)(2)(B) (a similar provision did not exist under the EO 11491 program). A performance evaluation is not a Weingarten exam--see 5 FLRA No. 53. In resolving a split in the circuits, the Supreme Court held that Inspector General agents are representatives of the agency for the purposes of section 7114(a)(2)(B). NASA et al. v. FLRA, et al., No. 98-369, 6/17/99.

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