AFSCVA36-701 governs notice of bargaining unit employees’ statutory right to representation during certain investigative examinations.
View AFSCVA36-701 on armypubs.army.mil
It explains the statutory conditions for representation, identifies employees excluded from coverage, and distinguishes investigative examinations from routine work-related discussions. It also describes the employee categories covered by the provision and identifies the servicing Labor Relations Office as the point for questions.
Applies to: All bargaining unit employees are covered by this provision.
Often referred to as the “Weingarten right” after a 1975 United States Supreme Court decision, this right was extended to Federal employees by the Federal Labor Relations Statute.
Excluded from coverage are professional employees, employees engaged in personnel work, supervisors, managers or employees who have been designated as confidential employees.
An investigative examination is an interview concerning alleged misconduct where the employee has reason to believe that he or she may be subject to disciplinary action.
Routine work-related conversations, instructions or guidance given by a supervisor and performance reviews are examples of discussions that are not covered.
Questions may be addressed to the servicing Labor Relations Office.