R 071435Z MAY 12

ALCOAST 222/12
COMDTNOTE 12711
SUBJ: EMPLOYEE REPRESENTATION RIGHTS IN ACCORDANCE WITH (IAW) 5 USC
7114-THE WEINGARTEN RULE
A. 5 USC 7114-THE WEINGARTEN RULE
1.  IAW the Federal Service Labor Management Relations Statute,
Reference (A), employees in bargaining units are entitled to
representation from the union holding exclusive recognition during
certain investigatory examinations by officials of their agency. This
right is often referred to as THE WEINGARTEN RULE stemming from a
1972 Supreme Court case decision.
2.  Reference (A) allows that an exclusive representative of an
appropriate unit in an agency shall be given the opportunity to be
present at any examination of an employee in the unit if all of the
following conditions are met:
      a.  The bargaining unit employee has requested representation
by
the exclusively recognized union,
      b.  The meeting is for management to examine the bargaining
unit
employee in connection with an investigation, and
      c.  The bargaining unit employee reasonably believes that
disciplinary action may result from the meeting. If any of the above
3 conditions are not met, management has no obligation under
Reference (A) to allow an employee representation.
3.  If the employee requests representation during a meeting that
they believe may result in disciplinary action, a supervisor or
examining official must either:
      a.  Terminate the investigatory examination until the exclusive
representative is given an opportunity to be present at any further
examination of the employee, or
      b.  Terminate the examination at that point and carry out the
investigation or other management action on the basis of information
which is otherwise available.
4.  The Master Level Agreement (MLA), between AFGE and the U.S. Coast
Guard, strongly encourages supervisors to inform bargaining unit
employees of their rights to union representation prior to conducting
an examination of the employee in connection with an investigation
where disciplinary action is likely forthcoming. In all cases, be
sure to refer to your applicable negotiated agreement and other
policies and practices to determine if they contain any additional
management obligations under this right.
5.  All supervisors, management officials, and other officials of the
U.S. Coast Guard are required to comply with the provisions of
Reference (A) during investigatory examinations where the employee is
entitled to and requests representation by the exclusively recognized
labor organization.
6.  Questions regarding this right should be addressed to Joanne
Turner, COMDT (CG-1214), at 202-475-5337.
7.  Mr. Curtis B. Odom, Acting Assistant Commandant for Human
Resources, sends.
8.  Internet release authorized.