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FORMAL MEETING

Posted by dadangiskandar on June 27, 2008

Formal Meetings – Investigatory Interview


Formal Meetings Defined:

An exclusive representative of an appropriate unit in an agency shall be given the opportunity to be represented at any formal discussion between one or more representatives of the agency and one or more employees in the unit or their representatives concerning any grievance or any personnel policy or practices or other general conditions of employment. (Title 5 US Code Section 7114 (a) (2) (A))


Elements of a Formal Meeting:

There is no mathematical formula for determining what is and is not a formal meeting. The FLRA looks at the “totality” of the circumstances to decide. A meeting is more likely be ruled formal if,

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a manager above the first line supervisor attends,

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more than one Manager attends,

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it is held in a formal area for meeting rather than right at the employees’ desk,

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it lasted for more than a few minutes (10 minutes),

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it was scheduled in advance rather than arose spontaneously,

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the employees were required to attend,

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a formal agenda was followed or minutes taken,

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there was a discussion of general policy or practices versus the problems of one or two people.

Here’s the latest (1/27/2004) definition of a formal meeting from NTEU’s National Office:

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The four discrete elements of formal meetings:

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1) there must be a discussion;

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2) it must be formal;

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3) it must be between one or more representatives of the agency, and one or more employees in the unit or their representatives; and

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4) it must concern any grievance, personnel policy, practice or general
condition of employment.

The five elements of an investigatory interview remain:

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1) There must be an examination (questioning) of the employee with the intent to solicit information;

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2) The examiner must be a representative of the agency;

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3) The examination must be in connection with an investigation;

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4) The employee must “reasonably believe” the questioning could lead to discipline; and

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5) The employee must request representation

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