AFSA NEWS Notes from the Office of General Counsel Your Weingarten Rights AFSA would like to remind members of the right to union or other representation (e.g., private counsel) during certain interviews conducted by their agency that could lead to disciplinary action. Under the Foreign Service Act of 1980, as amended, Foreign Service members in AFSA’s bargaining unit have the right (“Weingarten Right”) to be represented by AFSA in an investigative interview if they reasonably believe it could result in disciplinary action, and they request representation. Weingarten Rights are not like Miranda warnings. The investigating official is not required to inform employees of this right at the beginning of each interview. When employees invoke their Weingarten Right, investigating officials must either allow a reasonable period of time for a union representative to attend the interview (3 FAM 4322.3(h)) or advise the employee that they do not wish to wait until union representation is available and plan to carry on their investigation without interviewing the employee. The employee then has the choice to stop the interview or to proceed without representation. We strongly advise employees to stop the interview and contact AFSA immediately. All Foreign Service members, regardless of bargaining unit status, have the right to have a legal or other representative (e.g., a co-worker) present during a Diplomatic Security, Office of Inspector General, Office of Security, or other investigatory interview (3 FAM 4322.3(g) and 4325.2). AFSA is available to assist its members in such interviews. Alternatively, employees may retain private counsel to represent them. If an employee maintains a professional liability insurance policy, they should contact their insurance carrier to see if the carrier will provide private counsel. If employees are contacted by DS, OIG, or their agency’s office of security, they should ask the individual requesting the interview if they are the subject of the investigation and whether their participation is required (i.e., compelled) or voluntary. We strongly advise that employees seek guidance and representation from AFSA or private counsel prior to agreeing to any interview. We encourage you to review our guidance on investigations, which can be found at https://bit.ly/ AFSAweingarten. To contact AFSA, email us at afsa@state.gov or member@afsa.org. n AFSA Governing Board Meeting, July 17, 2024 The Governing Board met on July 17, 2024. Committee on Elections The board agreed to appoint an individual to serve on the Committee on Elections. Foreign Service Journal Editorial Board The board agreed to appoint an individual from FCS to serve on The Foreign Service Journal Editorial Board. Awards and Plaques Committee The board agreed on the winners of the William R. Rivkin, Avis Bohlen, M. Juanita Guess, Nelson B. Delavan, and Mark Palmer awards. n MED has taken pains to emphasize that the new procedures will not result in anyone who has a Class 2/OZ clearance, or a family member with such a clearance, being forced to serve at a post without the medical or educational resources to support them and their family. Everyone will have an administrative opt-in to make sure the medical clearance is attached to their file to prevent them from being assigned to a post without those resources. Those who feel comfortable, however, managing their and/or their family’s care at a post even though there are resource concerns will not be barred from an assignment to that post. The referenced cables include links to FAQs and other resources providing more information about these changes, as well as POCs for more information, including AskMED@state. gov, and we encourage our members to familiarize themselves with those. Members with questions that aren’t addressed by those resources can contact AFSA at member@afsa.org. n —Heather Townsend Medical Clearance Continued from page 59 60 OCTOBER 2024 | THE FOREIGN SERVICE JOURNAL
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