The Supreme Court Tuesday heard arguments in a case that will decide whether federal employees have the right to get advice from union representatives during inspector general investigations.
In the case, NASA vs. Federal Labor Relations Authority (98-369), the Supreme Court will decide whether investigators from inspector general offices should be considered representatives of agency management. If they are, then federal employees are entitled to union advice during IG investigations that could lead to disciplinary action.
In 1993, NASA's IG office questioned a Marshall Space Flight Center employee after co-workers claimed the employee was plotting violent attacks against them. The IG obtained papers describing carbon monoxide poisoning and other potential acts of violence against the co-workers.
While the IG investigator allowed the employee to have a union representative present during questioning, the investigator said the representative could not offer advice. The employee was later fired.
The American Federation of Government Employees filed an unfair labor practice charge against NASA, contending that the agency had violated the employee's Weingarten rights. The rights, named for a 1975 Supreme Court decision, require that agency managers allow a union representative to offer advice to an employee during questioning when the investigation could lead to disciplinary action.
The government contends that IGs are independent of agency management, so Weingarten rights do not apply during IG investigations. While one circuit court agreed with the government in a similar case, the 11th circuit court and the Federal Labor Relations Authority sided with AFGE in the NASA employee's case.
The union says that if the Supreme Court rules in favor of the government, agencies could circumvent Weingarten rules by relying on IG investigations for even routine misconduct interviews.
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