The Foreign Service Journal, October 2015

50 OCTOBER 2015 | THE FOREIGN SERVICE JOURNAL STATE VP VOICE | BY ANGIE BRYAN AFSA NEWS Views and opinions expressed in this column are solely those of the AFSA State VP. Contact: BryanA@state.gov | (202) 647-8160 Thanks to the popularity of police-themed television shows, most Americans have grown up knowing about Miranda rights. But how many of you know what Wein- garten rights are? Instead of skipping ahead to the next article, indulge me and continue reading—it could have a profound effect on your career. In 1975 the Supreme Court ruled that, “in union- ized workplaces, employees have the right…to the pres- ence of a union steward dur- ing any management inquiry that the employee reason- ably believes may result in discipline.” In the Foreign Service context, if you’ve been called in for questioning by Human Resources, Diplomatic Security or the Office of the Inspector General, and you reasonably believe that the interview could lead to disci- plinary action such as a letter of reprimand, suspension without pay or termination for misconduct, you have the right to have an AFSA rep- resentative accompany you (or, if overseas, have an AFSA representative participate via speaker phone or some other similar arrangement). These rights have become known as Weingarten rights. The twist? By contrast with Miranda rights, the office doing the questioning does not have to inform you of your Weingarten rights. It’s up to you not only to know them, but also to refuse to answer questions until you can secure AFSA representa- tion. When you invoke your Weingarten rights, the inves- tigating official must allow a reasonable period of time for a union representative to attend the interview. Many of you (in fact, I hope most of you) are read- ing this and thinking, “Fine, but I’m not planning on doing anything wrong. If I don’t have anything to hide, why should I insist on having an AFSA representative with me? Wouldn’t that make me look guilty?” Over and over again, AFSA has seen cases where well-meaning employees consent to interviews without requesting our assistance. Perhaps they’ve been told that they aren’t the subject of the investigation, and that they’re being called in merely as witnesses. Perhaps they’ve been told that coop- erating will help clear up the matter more quickly, or that the investigators have “just a few questions” for them. Regardless of what they’ve been told, however, once that interview begins, the employee is on the hook not only for whatever behav- ior is being investigated, but also for potentially lying about it. Many people, particularly those who are deeply honest and law-abiding, become extremely nervous when interviewed by a law enforce- ment official. It can be easy to get tripped up or unintentionally give inconsistent responses, which leave employees vulnerable to charges of lying to a law enforcement officer—a separate crime in and of itself that can lead to the end of one’s career with the government as well as to prison time. The presence of an AFSA representative during both witness and subject inter- views serves several useful purposes. The AFSA representative (1) ensures that the investi- gator affords the employee all of his or her rights and conducts the interview in an appropriate and profes- sional manner; (2) requests clarification of questions and/or clarifies the employ- ee’s answer(s); (3) confers privately with the employee, if necessary, to answer his/ her questions or provide guidance; and (4) reviews sworn statements that may be requested or required. AFSA cannot do any of the above if the employee has not exercised his or her Wein- garten rights and insisted on the presence of an AFSA representative. While AFSA will, of course, agree to be present dur- ing subsequent interviews, for some employees there may be no second interview, depending on the informa- tion already volunteered. The initial interview may result directly in disciplinary charges, criminal charges or pressure to resign in lieu of such charges being filed. Save yourself the stress and the legal problems and invoke your Weingarten rights from the beginning— they’re there for a reason. For a more in-depth look at why it’s so crucial to know your rights, please see AFSA’s guidance on OIG and DS investigations at www. afsa.org/ig-and-ds- investigation-guidance. n If you’ve been called in for questioning by Human Resources, Diplomatic Security or the Office of the Inspector General, and you reasonably believe that the interview could lead to disciplinary action, you have the right to have an AFSA representative accompany you. Know (and Invoke) Your Rights