The Federal Labor Relations Authority (FLRA) has ruled that unions have the right to receive
notice of, and an opportunity to attend, EEO investigative interviews held with bargaining unit
employees. SSA, Office of Hearings and Appeals, Boston Regional Office and AFGE, Local 1164, 59
FLRA 160 (2004).
In order for a union to have the right to representation under the Federal Service
Labor-Management Relations Statute (Statute), there must be: (1) a discussion; (2) which is
formal; (3) between a representative of the agency and a unit employee or the employee’s
representative; (4) concerning any grievance or any personnel policy or practice or other general
condition of employment. After a contract investigator contacted and interviewed three employees
as witnesses for another employee
