Download the Latest
NTEU Chapter 338, Newsletter Today!

Catch up on the last news and information in this edition of the NTEU Chapter 338, newsletter. We discuss topics that affect our customers, the bargaining employee.

Chapter 388, Newsletter

John Fauchia
Chapter President

"A note from the Chapter President"

Chapter 338’s ability to effect substantive changes at FLETC depends on our members’ participation levels and most importantly, our dues-paying levels. The Chapter will only be successful in the long-term if more people choose to participate. It’s as simple as that.

A friend of mine in the Border Patrol who served as a union official and later as a Supervisor once told me [paraphrasing]:

“In the federal government, the Union is a necessary evil, just like management. If everyone in government was competent, qualified, and professional, there would be no need for either of them. Until we live in that world, I’ll pay my dues and everyone else should too.”


Bargaining Unit Employees


Dues Paying Members


Membership Rates

NTEU Field Office Tips
Weingarten Rights


You may have heard of “Weingarten Rights,” but what are they? You are not alone if you do not know precisely when you have Weingarten Rights as an employee. “Is it whenever I meet with a manager, and they are asking me questions?” or “Is it when I receive discipline?” Employees are often unclear about the lines that Weingarten can draw in the workplace. The following information can help.

5 USC 7114 (a)(2)(B) of the Federal Service Labor-Management Relations Statute (Statute) states that an exclusive representative (the union) shall be given the opportunity to be represented at any examination of an employee by a representative of the agency in connection with an investigation if the employee reasonably believes the examination may result in disciplinary action and the employee requests representation. This stemmed from Supreme Court Case and is essentially replicated in Article 18, Section 3 of the NTEU/FLETC Collective Bargaining Agreement.

For management to trigger these rights, the situation must meet four elements. There must be 1) an examination of a bargaining unit employee by an agency representative; 2) that examination must occur in connection with an investigation; 3) the employee must reasonably

Read more in this edition of the
NTEU Chapter 338, newsletter >>

believe that the examination may result in discipline, and 4) the employee must request representation.

We can get far into the weeds here, but let’s look at some basic considerations. What you must first consider is, whether there is an examination. Is a manager asking you questions or are they just giving you feedback (even if it’s negative) or counseling? If there are questions to which you must provide a response, it very much could qualify as an examination.

The second question is whether management is conducting the questioning pursuant to an investigation. Importantly, the employee must reasonably believe discipline could result from the questioning. This belief is measured from the perspective of the employee and whether that person in fact feels as though the answers to the questions could trigger disciplinary action against them. This applies whether the employee being questioned is the subject of an interview or a witness. Finally (and importantly), as the employee, you should ask the questioner for a union rep if you think the elements of Weingarten have been met.

There are no magic words to recite, just simply ask the questioner for a representative or to speak with the union. Although FLETC is obligated to notify employees of their rights annually, it is up to you to know your rights in an individual situation and ask for a rep. Even if you are not sure, you may ask and be sure to document that you asked. If you are ever in doubt, contact a union steward who can provide you guidance or representation if appropriate.

Newsletter Disclaimer

Copyright notice: copyright details; intellectual property rights reserved (newsletter).
No advice: newsletter contains information, not advice; no reliance on the information in the newsletter.
Limited warranties: accuracy of newsletter content; exclusion of warranties etc in relation to the newsletter.
Limitations and exclusions of liability: caveats to limits of liability; interpretation of limits of liability; no liability for force majeure; no liability for business losses; no liability for loss of data or software; no liability for consequential loss; aggregate liability cap under the document.

National NTEU News

The voice of federal employees. The media consistently turn to NTEU as a key source for the perspective of federal employees. We are bold when speaking out on matters important to federal workers, and we make sure that the perspective of federal employees is front and center in the 24/7 news cycle.

Contact Us

We are here Monday thru Friday
from 7:30 am EST to 4:30 pm EST.

Check out this edition of the NTEU Chapter 338 FLETC UNION newsletter.

This Edition >>

Follow Us
Want to keep up with our latest adventures?

Coming Soon!