Weingarten Representation Rights

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Section 7114, Civil Service Reform Act of 1978, provides certain rights to bargaining unit employees being questioned by management during an investigation. 

These rights are also spelled out in Article 5, Section 5.03 of the Master Labor Agreement between AFMC and AFGE, Article 16, Section c, of the Nonappropriated Funds Labor Agreement, and Article 7, Section 5, of the Command Labor Agreement between AFMC and IAFF (firefighters).       

If a supervisor is questioning an employee and the employee believes discipline may result from the interview, the employee is entitled to be represented by the union if specifically requested by the employee. 

The following three ingredients must all be present for this right to be exercised:

  • The supervisor or management official must be asking questions,
  • The employee must have a reasonable basis to believe discipline could result,
  • And, the employee must request union representation.     

This does not entitle employees to representation when normal day-to-day matters are being discussed or questions are not asked. 

A counseling session to be entered on the AF Form 971, Supervisor’s Employee Brief, and the delivery of a proposed disciplinary action would be two examples of instances when the right does not arise.      

If you have a question concerning representation rights under the investigatory interview circumstances, please contact the Labor Relations Office at DSN 468-2363 or 478-926-2363.