Weingarten Meeting

Checklist

This checklist is to be used in conjunction with and is part and parcel to the “Weingarten
facts, rights and responsibilities” document that was sent to you separately. This
checklist is a refresher for Union representatives and employees to utilize if an employee
is notified that they must participate in a Weingarten meeting. The terms “Weingarten
meeting”, “examination” and “investigative interview” are synonymous in accordance with
FLRA case law.

Once an employee is notified of a Weingarten meeting, the FIRST role of the Union
representative is to determine whether the first meeting is:

__________Criminal

__________Administrative

Please refer to the above-mentioned document for guidance on how to proceed. A

“criminal” proceeding is also covered in Article 6, Section 2 of the CBA.

What constitutes a Weingarten meeting?

_________To examine an employee in connection with an investigation

_________The BUE reasonably believes that disciplinary action may result

_________The BUE has been advised of their right to representation

_________The BUE has requested representation

What may not constitute a Weingarten meeting?

_________The sole purpose is counseling about improper behavior

_________The sole purpose is counseling about poor performance

_________The sole purpose is management warning employee about acts of

misconduct

_________The sole purpose is to convey a decision already rendered

_________Management notifies employee PRIOR to the meeting that no discipline or

adverse consequences will result as long as the employee “believes” that the management
official making such assurances is empowered to make those assurances
Note: Even though the meeting may not meet the definition of a Weingarten meeting, the
right to representation may still be triggered in certain situations. Contact the NWP LR
Lead or the NWP RVP for additional guidance.

What a Union Representative can do during a Weingarten meeting:

• To speak and be proactive during the meeting

• To advise and counsel the employee
• To provide additional information to the agency
• To bear witness to the proceeding
• To take notes
• To ask clarifying questions
• To provide clarifying answers
• To ask the interviewer to rephrase a question such as a “compound” question (one
that elicits two or more pieces of information in a single question)
• To advise the employee not to answer a question as that question has previously
been “asked and answered” unless given a direct order to the contrary
• Assist in providing relevant information
• To raise extenuating circumstances
• To give the employee advice on how to answer a question
• To temporarily stop the meeting in order to have a confidential conversation with the
employee as long as it does not “unreasonably delay” the meeting to the degree of
being considered that it “disrupts” the meeting

Additionally, the FLRA has ruled that a Union representative does not have to and cannot be
forced to divulge information to the agency that was gained from the employee. This is
similar to the “attorney/client privilege.” However, there is an “overriding need” clause that
is contained in our CBA in Article 6, Section 5 and states, “A Union representative, while
performing his/her representational duties, will not be required to disclose information
obtained from a bargaining unit employee who is the subject of an investigation, unless
the confidentiality of the conversation with that employee is waived by the
representative, or an overriding need for the information is established.” Therefore, if
you find yourself in this situation, please contact the NWP LR Lead or the NWP RVP for
guidance on how to handle this situation. (44 FLRA 1021 and 57 FLRA No. 66)

What a Union representative cannot do during a Weingarten meeting:

• Answer a question for the employee

• Tell the employee to not answer a particular question (the employee may be
disciplined for refusing to participate in an investigation
• Disrupt the meeting
• Insist on taping the meeting
The FLRA has also stated that any misconduct on the part of the Union representative
cannot be held against the employee, but “may” lead to discipline of the Union
representative.

To whom, for the agency, does a Weingarten meeting apply?”

Weingarten meetings do not only apply when an employee is called into a meeting with
FAA Air Traffic Management representatives (supervisors, operations managers, ATM etc.)
They also apply to the following:

• All management representatives (air traffic/HR)

• DOT/FAA Security Agents (Article 6, Section 1)
• EEO Investigations (Article 6, Section 1)
• IG interviews/investigations (Article 6, Section 1 and FLRA case law)
• NTSB interviews/investigations (to the extent the provisions are consistent with
NTSB regulations and procedures) (Article 6, Section 1)
• OE/OD Review Boards (Article 64, Sections 6 and 7)
• OE/OD Investigations (Article 64, Section 2b and thereafter)
• Training Review Boards (Article 67, Section 11)

Violations for agency misconduct regarding Weingarten meetings:

File a grievance for the following violations:

• Failure of the agency to notify the employee of the subject matter in advance of the
meeting
• Failure of the agency to notify the employee of his/her right to be accompanied by a
Union representative if he/she desires in advance of the meeting
• Failure of the agency to give the employee a reasonable opportunity to obtain Union
representation
• Failure of the agency to confer confidentially with a Union representative in advance
of the meeting
• Failure of the agency to stop the meeting, if it becomes apparent, for the first time
during the meeting that disciplinary action could result and advise the employee of
his/her right to Union representation
• Failure of the agency, if the meeting is stopped, to allow the employee to obtain
Union representation and to confer confidentially with the Union representative
PRIOR to continuing with the meeting

Since a violation of our CBA is a grievance and a violation of law (5 USC Chapter 71) is a
ULP, and our CBA expands on the law, which one should be filed depends on the violation.
If you find yourself in a situation where the management “violation” is enumerated in both
our CBA and in the law, please contact the NWP LR Lead or the NWP RVP for advice and
counsel on whether or not to file a grievance or a ULP.
If there are any questions, please contact the NWP LR Lead, Mike Hull or the NWP RVP,
Hamid Ghaffari.

Mike Hull
NWP LR Lead