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Weaseling Out Of Weingarten: Why Outsourcing Investigatory Examinations Does Not Obviate Representational Rights Under The Fslmrs, Craig Westergard

Hofstra Labor & Employment Law Journal

The Federal Service Labor Management Relations Statute (hereinafter "FSLMRS") grants covered federal employees the right to union representation at investigatory examinations conducted by "a representative of the agency." While the Supreme Court has defined the term "agency representative" broadly, some courts have permitted agencies to evade the FSLMRS by outsourcing examinations to third parties. This trend is contrary to Supreme Court precedent, the text of the FSLMRS, and the purposes of the statute, and it deprives federal employees of their representational rights. As such, it should be repudiated.

This article first describes the history of unionization and outlines the substantive …