Member Reference

Collective Bargaining Agreement

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Official Reference

2024 AFGE TSA Council 100 and TSA Collective Bargaining Agreement

Effective Date: May 24, 2024

Note: The contract language below is displayed from the official CBA text. It is not summarized or rewritten.

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ARTICLE 26: INTERVIEWS IN CONNECTION WITH AN EXAMINATION BY AN AGENCY REPRESENTATIVE

Official CBA pages 118-122

Official CBA Page 118

ARTICLE 26: INTERVIEWS IN CONNECTION WITH AN EXAMINATION BY AN

AGENCY REPRESENTATIVE

A. PURPOSE: This Article contains the procedures to be followed when bargaining unit

employees are the subjects of or involved with investigative and administrative interviews and

examinations.

B. GENERAL PRINCIPLES:

1. Absent extenuating circumstances, interviews that are “administrative in nature” will be

conducted at the employee’s worksite. Interviews that are criminal in nature will be held at

a location determined by the Agency.

2. If the interview is audio- or video-tape recorded and is used as material relied upon for any

disciplinary or adverse action, TSA will provide a copy of the recording to the affected

employee and/or their designated representative. In cases where a copy cannot be provided,

the employee will be provided an opportunity to review the material.

3. The Parties understand that the Agency may request employees to take polygraph tests.

However, bargaining unit employees will not be required to submit to a polygraph test.

4. In some circumstances, a written statement may be used as a substitute for an oral interview

in connection with an investigation. Generally, when the Agency requests or requires these

types of written statements, the employee will be given a reasonable amount of time to

provide a statement.

5. Agency representatives, Union representatives, and bargaining unit employees will act in

accordance with TSA policy when conducting and/or participating in investigative and

administrative interviews.

6. [Blank] The Parties did not reach agreement on this provision.

7. Except in limited circumstances described in this Article, bargaining unit employees must

cooperate fully with all investigations and inquiries, including but not limited to inquiries

initiated by and/or conducted by supervisors and management officials.

C. NOTICE OF INTERVIEWS:

1. [Blank] The Parties did not reach agreement on this provision.

2. [Blank] The Parties did not reach agreement on this provision.

D. PRELIMINARY INVESTIGATIONS:

1. The Parties understand that the Agency may investigate an incident or situation when

determining whether to issue discipline and will do so in a timely manner.

Official CBA Page 119

2. Disciplinary investigations will be conducted fairly, impartially, and in a timely manner.

Relevant information obtained during the course of the investigation will be documented.

3. An employee who is a subject of an investigation may notify the fact-finder of any potential

witnesses that the employee believes should be interviewed by the Agency. The fact-finder

will determine if the potential witnesses are relevant to the investigation. If the witness is

relevant, then they will be interviewed.

E. WEINGARTEN RIGHTS:

1. As the exclusive representative, the Union will be given the opportunity to be present at

any examination of a bargaining unit employee by a TSA representative in connection with

an investigation if the bargaining unit employee:

a. reasonably believes that the examination may result in disciplinary action against the

bargaining unit employee; and

b. requests representation.

2. [Blank] The Parties did not reach agreement on this provision.

3. Normally, a bargaining unit employee who is a witness in an investigation/inquiry is not

entitled to union representation. However, a bargaining unit employee who is requested or

directed to give information as a witness will be entitled to representation upon request if

they reasonably believe that the examination may result in discipline against the witness.

4. In addition to this Article, TSA MD 1100.63-4, Union Representation During

Examination, contains the policy and procedures concerning this Union right. In the event

of a conflict, the provisions of this Article shall govern.

5. A bargaining unit employee has the right only to a union representative (not a personal

representative) at any interview in connection with an examination of that bargaining unit

employee by a representative of the Agency if they reasonably believe that the examination

may result in disciplinary action against them and they request representation.

6. If the bargaining unit employee exercises their option to have union representation present,

the bargaining unit employee will have a reasonable period of time to secure union

representation.

7. The arrangements made to accommodate union representation pursuant to Section E.6 may

not cause an unreasonable delay of the Agency’s examination. The reasonableness of the

delay will be assessed based on the individual circumstances of each case in consideration

of TSA’s mission.

Official CBA Page 120

8. Where a representative of the Agency denies a bargaining unit employee’s request to be

represented by the Union during an interview, the bargaining unit employee will be

provided with the reason for the denial in writing.

9. The Agency will inform bargaining unit employees of their rights to union representation

under this Article twice per year.

F. RIGHT OF UNION REPRESENTATIVE:

1. When the bargaining unit employee being interviewed is accompanied by a Union

representative, the Union representative may:

a. Actively participate;

b. Assist and consult with the affected bargaining unit employee;

c. Speak or otherwise participate on the record in a formal proceeding;

d. Seek clarification of questions and suggest other avenues of inquiry;

e. Elicit favorable facts from the bargaining unit employee;

f. Engage in private conferences outside the presence of the Agency representative during

an investigatory examination if necessary to afford the Union representative the ability

to effectively represent the bargaining unit employee and does not interfere with the

integrity of the investigation;

g. Have confidential communications with the bargaining unit employee that occur during

the course of representation (unless confidentiality has been waived or the Agency

establishes an overriding need for the information, consistent with applicable case law);

and

h. Suggest other employees who have knowledge of relevant facts.

2. The Union representative may not:

a. Interfere with the integrity of the investigation and/or the Agency’s ability to achieve

the legitimate objectives of the investigation; and

b. Be verbally abusive or interfere with the interview by interrupting the bargaining unit

employee’s answers.

3. The Union may have access to information that will allow the Union to become familiar

with the bargaining unit employee’s circumstances and to effectively assist the bargaining

unit employee and participate in the interview. The Union’s right to obtain relevant

Official CBA Page 121

information for the interview is balanced against the interests of the Agency in investigating

and disciplining misconduct.

G. TSA INVESTIGATIONS OFFICE (INV) WARNINGS: INV will provide appropriate

warnings to the bargaining unit employee who is the subject of an examination that could result

in criminal prosecution.

1. Miranda: When a bargaining unit employee who is the subject of a criminal investigation

is interviewed in the custody of the Agency, the bargaining unit employee shall be given a

statement of their U.S. Constitutional rights in writing on Form INVD-M (see Appendix

B) prior to commencement of questioning. The Form shall be signed and dated, as

appropriate, and a copy will be given to the bargaining unit employee.

2. Garrity: In a voluntary interview involving possible criminal matters, a bargaining unit

employee will be advised in writing of their rights and the consequences of refusing to

answer the questions posed on the grounds that the answers may tend to incriminate them.

The notice shall be on Form INVD-G (see Appendix B). The Form shall also be signed and

dated, as appropriate, and a copy will be given to the bargaining unit employee.

3. Kalkines: In an interview involving possible criminal matters, when the possibility of

criminal prosecution of the bargaining unit employee has been removed, usually by a

declination to prosecute by the Department of Justice, the bargaining unit employee is

required to answer questions. This notice shall be on Form INVD-K (see Appendix B)

which shall be signed and dated, as appropriate, and a copy will be given to the bargaining

unit employee.

4. The Parties understand that the forms referenced in this Section are TSA agency forms that

TSA may update (e.g., based on statutory changes or legal ruling and/or agency

reorganizations). The Parties further agree that the content of the forms is not subject to

any substantive contract negotiation, but may, depending on the nature of the Agency

initiated change(s), be subject to other applicable bargaining.

H. ADDITIONAL ADVISEMENTS: In any interview where the bargaining unit employee is

not the subject of a criminal investigation, or when a bargaining unit employee has been

advised of their rights, the Agency representative may inform the bargaining unit employee

that:

1. The bargaining unit employee must answer any questions and/or disclose any information

known to them concerning the matter being investigated;

2. The bargaining unit employee’s failure or refusal to answer such questions may result in

disciplinary or adverse actions;

3. A false answer to any such question may result in disciplinary/adverse action and/or

criminal prosecution, as appropriate;

Official CBA Page 122

4. The bargaining unit employee may discuss the matters raised in the interview with the

Union, but not with other employees, except as provided by applicable law, regulation or

directive; and

5. When a bargaining unit employee refuses to answer a question in accordance with this

section, the Agency representative may remind the bargaining unit employee of their

obligation to answer.

I. CONCLUSION OF INVESTIGATION: If the investigation results in an administrative

action or no action taken, the Agency will notify, in writing, the employee that was the subject

of the investigation.

J. BACKGROUND INVESTIGATIONS: The following procedures are applicable to any

bargaining unit employee undergoing a background investigation:

1. Employees will be permitted a reasonable amount of duty time to complete the forms

required for their respective background investigation. It is understood that some

employees may need more time than others to complete the forms.

2. When provided under Section J.1, duty time will be scheduled based on operational needs.

3. When, in the rare circumstance, an employee needs to leave the worksite to physically

obtain information/documentation to complete the background investigation that can only

be physically obtained during their scheduled duty hours, management may approve an

employee to leave the work site during duty time.

4. Employees may request copies of their last set of previously completed forms similar to

those that are now required. The employee’s Background Investigation package will

identify where to forward this request.

5. Employees will receive the information to enable them to access and use the system for

electronic submission, when applicable.

6. Generally, investigators should advise all third parties they interview of the purpose of the

Background Interview prior to asking any questions.

7. Once the background investigation is complete, the agency will take necessary steps to

timely notify the employee.

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