Cluster 510640 (1988)

See DCIS, 855 F.2d at 101 ("Given the limited function of a Weingarten representative, it is conceivable to us that Congress might conclude that the employee's interest in representation outweighs the limited interference that his or her representative's presence might occasion in [OIG] interviews.").

See DCIS, 855 F.2d at 101 ("Given the limited function of a Weingarten representative, it is conceivable to us that Congress might conclude that the employee's interest in representation outweighs the limited interference that his or her representative's presence might occasion in [OIG] interviews.").

See DCIS, 855 F.2d at 101 (“Given the limited function of a Weingarten representative, it is conceivable to us that Congress might conclude that the employee’s interest in representation outweighs the limited interference that his or her representative’s presence might occasion in [OIG] interviews.”).

A., at 614 (“ ‘[Representative of the agency’ under section 7114(a)(2)(B) should not be so narrowly construed as to exclude management personnel employed in other subcomponents of the agency”); id., at 615 (“ ‘We doubt that Congress intended that union representation be denied to the employee solely because the management representative is employed outside the bargaining unit’ ”) (quoting Defense Criminal Investigative Serv. v. FLRA, 855 F. 2d 93 , 99 (CA3 1988)); Brief for …

A., at 614 (“ ‘[Representative of the agency’ under section 7114(a)(2)(B) should not be so narrowly construed as to exclude management personnel employed in other subcomponents of the agency”); id., at 615 (“ ‘We doubt that Congress intended that union representation be denied to the employee solely because the management representative is employed outside the bargaining unit’ ”) (quoting Defense Criminal Investigative Serv. v. FLRA, 855 F. 2d 93 , 99 (CA3 1988)); Brief for …

Thus, we do not agree with the Third and Eleventh Circuits that section 7114(a)(2)(B) applies to questioning by an OIG agent simply because the inquiry concerns "possible misconduct" of employees "in connection with their work," DCIS/FLRA, 855 F.2d at 100, or because the information obtained might be used "to support administrative or disciplinary actions," FLRA/NASA, 120 F.3d at 1213 .

Thus, we do not agree with the Third and Eleventh Circuits that section 7114(a)(2)(B) applies to questioning by an OIG agent simply because the inquiry concerns “possible misconduct” of employees “in connection with their work,” DCIS/FLRA 855 F.2d at 100, or because the information obtained might be used “to support administrative or disciplinary actions,” NASA FLRA 120 F.3d at 1213 .

Thus, we do not agree with the Third and Eleventh Circuits that section 7114(a)(2)(B) applies to questioning by an OIG agent simply because the inquiry concerns "possible misconduct" of employees "in connection with their work," DCIS/FLRA, 855 F.2d at 100, or because the information obtained might be used "to support administrative or disciplinary actions," NASA/FLRA, 120 F.3d at 1213 .

Thus, we do not agree with the Third and Eleventh Circuits that section 7114(a)(2)(B) apples to questioning by an OIG agent simply because the inquiry concerns “possible misconduct” of employees “in connection with their work,” DCIS/FLRA, 855 F.2d at 100, or because the information obtained might be used “to support administrative or disciplinary actions,” FLRA/ NASA, 120 F.Bd at 1213.

There, the Third Circuit plainly rejected the argument that the Inspector General Act was intended to create "an independent investigatory office ... which would not be subject to interference by any other agency programmatic concerns, including federal labor relations concerns." 855 F.2d at 98 (internal quotation omitted).

In Defense Criminal Investigative Service, the Third Circuit was careful to note that the term "representative of the agency" as used in 5 U.S.C. § 7114 (a)(2) may be defined differently depending on the specific rights and duties at issue. 855 F.2d at 100.

Under these circumstances, we are confident that Congress would regard a[n] [Inspector General] investigator as a 'representative' of the [Defense Department].'' Defense Criminal Investigative Services, 855 F.2d at 100. .

Moreover, the Third Circuit has held that " 'Government corporation,’ defined by 5 U.S.C. § 103 , does not include the DOD [Department of Defense] or any of its parts.” Defense Criminal Investigative Service (DCIS), Dep’t of Defense (DOD) v. Federal Labor Relations Authority, 855 F.2d 93, 98 (3d Cir.1988).

Accord, Defense Criminal Investigative Serv., 855 F.2d at 96 .

Weingarten, 420 U.S. at 256-57 ; see also Defense Criminal Investigative Service v. F.L.R.A., 855 F.2d 93 , 96 (3d Cir. 1988) (explaining Weingarten rights attach when employee makes valid request for union representation); Spartan Stores, Inc. v. N.L.R.B., 628 F.2d 953, 958 (6th Cir. 1980) (stating Weingarten rights ripen only if employee requests union representation); Pacific Tel. & Tel.