The Federal Service Labor-Management Relations Statute (FSLMRS), 5 U.S.C. Chapter 71, Section 7114(a)(2)(B) provides Federal employees represented by a labor organization the right to request a union representative in conjunction with investigations conducted by agency representatives under certain conditions. This memorandum (PDF, 260 KB) fulfills the USDA's obligation under the FSLMRS to annually remind employees of their rights and the conditions when those rights may be exercised.
As a bargaining unit employee represented by a labor organization, you have the right to request representation from your certified labor organization at any investigative examination/interview where you reasonably believe the examination might result in disciplinary action being taken against you. You may make this request at any time prior to or during the interview. If you request union representation, your agency may opt to: (1) suspend questioning and grant your request then resume the interview; (2) discontinue the interview; or (3) offer you the choice to proceed with the interview without a Union representative or to forego the interview.
Sources of additional information concerning your rights to representation include union officials within the labor organization having exclusive recognition for employees in your work unit, the collective bargaining agreement for your bargaining unit, and the Federal Labor Relations Authority (FLRA) at www.flra.gov.