Welcome to the AFGE Local 3731 Website. We hope you enjoy the site and find it helpful. If you have any suggestion about how to better this site, feel free to Email us. Thank you for being a Member of Local 3731.
UNION MEETINGWednesday, June 06, 2012
4:10 P.M. FCI Wellness Center
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Need a Union Rep?
Did you know anytime you are faced with disciplinary actions you may (and it is highly recommended) request a union representative? Just tell your supervisor you want a union representative before they begin to question you.
All Bargaining Unit Employees of the Bureau of Prisons have the right to be accompanied by a Union Representative to all interviews with management officials, in which the employee reasonably believes the interview might result in disciplinary action (e.g. Investigative, Safety, Accident, Mystery Shopper) to include "NOT THE SUBJECT OF THE INVESTIGATION".
The above right is guaranteed in the 1975 U.S. Supreme Court decision, NLRB v. J. Weingarten, and violation of that right has been found to be an Unfair Labor Practice. Simply stated, your Weingarten Rights provide that you may request, and management must provide, a Union Representative to accompany you to all interviews that you believe might result in disciplinary action.
Your Rights During an OIG Investigation: Garrity and Kalkines
While Weingarten and Miranda Rights will still be afforded, Special Agents use Kalkine or Garrity warnings in interrogations that everyone should become familiar with.
Garrity Rights: This is a voluntary interview. Always request a Union Representative and do not answer any questions. You can leave the interview if they inform you that this is a voluntary statement. Do not go forward until that has been explained and you have signed the waiver and assurance form from OIG. Protects the employee from having to choose between self incrimination and job forfeiture for failing to cooperate. The individual has the right to not be threatened with discharge in order for the OIG to secure incriminating evidence that would be used against them for arrest and prosecution. Miranda Rights would be applicable here.
Kalkines Rights: If the individual is given immunity from criminal prosecution, the employee is required to cooperate in the investigation even if the information solicited could be used for discharging the employee. Special Agents do not have the authority to grant immunity from criminal prosecution. However, if Special Agents provide the form "Administrative Warning: Duty to Cooperate" that means that the OIG has obtained such a waiver of prosecution.
As a reminder the AFGE Local 3731 union wants to remind all bargaining staff of their right to a union representative during any examination that could lead to disciplinary action. This includes Office of Inspector General (OIG), Office of Internal Affairs (OIA) and Special Investigative Services (SIS). The agency does not pick the representative, the union does. The agency also has an obligation to inform you of your right to union representation prior to any examination that they know could lead to disciplinary action, that's even if you don't ask for it, they still must tell you of your right.
In accordance with the Master Agreement, Article 6, section g, and 5 USC, Section 7114, employees are to be informed of the following rights:
Weingarten Rights
Unit employees, including probationary employees, have the right to a Union representative during any examination by, or prior to submission of any written report to, a representative of the Employer in connection with an investigation if:
1. The employee reasonably believes that the examination may result in disciplinary action the employee; and
2. The employee request representation.
Do not fall for the old line "Well, you're not the subject of the investigation" and ask them to call the union president. The union is the one who assigns representation.
Did you know anytime you are faced with disciplinary actions you may (and it is highly recommended) request a union representative? Just tell your supervisor you want a union representative before they begin to question you.
All Bargaining Unit Employees of the Bureau of Prisons have the right to be accompanied by a Union Representative to all interviews with management officials, in which the employee reasonably believes the interview might result in disciplinary action (e.g. Investigative, Safety, Accident, Mystery Shopper) to include "NOT THE SUBJECT OF THE INVESTIGATION".
The above right is guaranteed in the 1975 U.S. Supreme Court decision, NLRB v. J. Weingarten, and violation of that right has been found to be an Unfair Labor Practice. Simply stated, your Weingarten Rights provide that you may request, and management must provide, a Union Representative to accompany you to all interviews that you believe might result in disciplinary action.
Your Rights During an OIG Investigation: Garrity and Kalkines
While Weingarten and Miranda Rights will still be afforded, Special Agents use Kalkine or Garrity warnings in interrogations that everyone should become familiar with.
Garrity Rights: This is a voluntary interview. Always request a Union Representative and do not answer any questions. You can leave the interview if they inform you that this is a voluntary statement. Do not go forward until that has been explained and you have signed the waiver and assurance form from OIG. Protects the employee from having to choose between self incrimination and job forfeiture for failing to cooperate. The individual has the right to not be threatened with discharge in order for the OIG to secure incriminating evidence that would be used against them for arrest and prosecution. Miranda Rights would be applicable here.
Kalkines Rights: If the individual is given immunity from criminal prosecution, the employee is required to cooperate in the investigation even if the information solicited could be used for discharging the employee. Special Agents do not have the authority to grant immunity from criminal prosecution. However, if Special Agents provide the form "Administrative Warning: Duty to Cooperate" that means that the OIG has obtained such a waiver of prosecution.
As a reminder the AFGE Local 3731 union wants to remind all bargaining staff of their right to a union representative during any examination that could lead to disciplinary action. This includes Office of Inspector General (OIG), Office of Internal Affairs (OIA) and Special Investigative Services (SIS). The agency does not pick the representative, the union does. The agency also has an obligation to inform you of your right to union representation prior to any examination that they know could lead to disciplinary action, that's even if you don't ask for it, they still must tell you of your right.
In accordance with the Master Agreement, Article 6, section g, and 5 USC, Section 7114, employees are to be informed of the following rights:
Weingarten Rights
Unit employees, including probationary employees, have the right to a Union representative during any examination by, or prior to submission of any written report to, a representative of the Employer in connection with an investigation if:
1. The employee reasonably believes that the examination may result in disciplinary action the employee; and
2. The employee request representation.
Do not fall for the old line "Well, you're not the subject of the investigation" and ask them to call the union president. The union is the one who assigns representation.
"Justice denied anywhere diminishes justice everywhere" -Martin Luther King Jr.
"WE ARE ONE"
"WE ARE ONE"
The Correctional Peace Officers Foundation is a non-profit organization that was created in 1984 by Correctional Officers for Correctional Officers. It's mission is to support the surviving families of Correctional Officers slain in the line of duty. For more information go to www.cpof.org and find out how you can join.