Examinations of Employees - Weingarten Discussions: Another situation where the union is entitled to representation concerns meetings you may have with employees in connection with an investigation. This provision is often referred to as employees' Weingarten rights. The Federal Service Labor-Management Relations Statute establishes three conditions for a Weingarten discussion:

1. A bargaining unit employee has requested representation by the union; and

2. One or more management representatives are examining the bargaining unit employee in connection with an investigation; and

3. The employee reasonably believes that the examination may result in disciplinary action against him/her.

Once you have determined that all three conditions exist, you may not continue the examination without providing the union an opportunity to be represented. Your options are:

--grant the request and notify the union in advance that a meeting to examine a bargaining unit employee will be held, and, if the union elects to attend, you must allow the union to make relevant comments;

--discontinue the interview and rely on evidence already available or that which might be obtained by other means; or

--offer the employee a clear choice to: (1) continue the interview without representation; or (2) have no interview.