210.17 Interviewing Bargaining Unit Employees. Requirements for interviewing bargaining unit employees have been established by statute and case law. See TIGTA’s investigatory interview procedures for bargaining unit employees available on the Internet at . The Civil Service Reform Act of 1978, states, in part, the following: "An exclusive representative of an appropriate unit in an agency shall be given the opportunity to be represented at any examination of an employee in the unit by a representative of the agency in connection with an investigation if the employee reasonably believes that the examination may result in disciplinary action against the employee, and the employee requests such representation." The Supreme Court has held that an Office of Inspector General is acting as a representative of the agency when interviewing bargaining unit employees, and therefore, a right to union representation exists. See for obtaining affidavits. 210.17.1 Contacting the Bargaining Unit Employee. Contact the employee’s manager to schedule an interview with any bargaining unit employee unless there are specific investigative or safety concerns that would make such contact unwise. When contacting the manager, advise the manager of the general subject matter of the interview, including whether the interview involves criminal or non-criminal issues, if known, and whether the employee is the subject of the investigation or a third-party witness. If contacting the employee directly to schedule an interview, provide the employee the following information whenever practical: The general subject of the interview, including whether the interview involves criminal or non-criminal matters, if known, except when doing so would undermine the investigation; If he/she is the subject of an employee investigation or is being interviewed as a third-party witness; If the employee reasonably believes that the interview may result in disciplinary action, the employee is entitled to request representation in the interview; and If the employee wishes to have union representation, the interview will be scheduled to allow the employee to seek representation, so long as it does not unduly delay the interview.
prosecution has been declined, a bargaining unit employee accompanied by a union representative may request a reasonable delay of the interview; His/her right to union representation by providing the employee IRS Form 8111. Ask the employee to acknowledge receipt of the notification by signing IRS Form 8111 and provide the employee a copy of the signed form. Give the employee a reasonable amount of time to secure union representation, if requested. See regarding bargaining unit employee’s right to union representation; and The Privacy Act provisions by providing the employee a copy of Privacy Act Notice 417 and explaining the provisions of the notice to the employee. Place the employee under oath or affirmation by having the employee swear or affirm that his/her testimony will be true, under penalty of perjury. TIGTA procedures regarding the use of Form OI 8112 have been disseminated to bargaining unit employees and are available on the Internet at , paragraphs 12 and 14. During the interview, if the employee makes statements that: Indicate he/she has committed a criminal offense; The nature or extent of which was previously unknown to the interviewing SA and has not been discussed with an AUSA; and, Referral for prosecution appears likely; then Provide the employee his/her rights as stated on Form OI 5230. If the employee waives his/her rights, obtain the employee’s acknowledgement signature on Form OI 5230, provide the employee a copy of the signed form, and continue the interview as appropriate. At the conclusion of the interview, recap the employee’s testimony and document the facts in a Form OI 2028-M. Offer the subject the opportunity to complete an affidavit. Document either that the affidavit was declined by the subject or that it is attached to the Form OI 2028-M. See for use of appropriate during TIGTA interviews. 210.17.4.2 Documentation of Rights and Oath/Affirmation. Document the following, as applicable, in the opening portion of a Form OI 2028-M, statement, or affidavit: The issuance of Form OI 8112; The issuance of IRS Form 8111, and whether the employee waives presence of union representation; The issuance of Privacy Act Notice 417; Any witnesses present; The employee was placed oath or affirmation, as appropriate; and The issuance of Form OI 5230, if it became applicable.