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WEINGARTEN RIGHT

Under 5 USC 7114(a)(2)(B), an employee being examined in an investigation (an investigatory examination or interview) is entitled to union representation if the examination is conducted by a representative of the agency, the employee reasonably believes that the examination may result in disciplinary action, and the employees asks for representation. Such examinations are called Weingarten examinations as a result of a private sector case establishing such a right.