Rules and Regulations

Weingarten Rules

Weingarten Rights and are based on a 1975 Supreme Court decision (NLRB v. J. Weingarten).

Under the Supreme Court’s Weingarten decision, when an investigatory interview occurs, the following rules apply:

RULE 1: You have the right to have a union steward or union representative present, and you have the right to speak privately with your representative before the meeting and during the meeting. Your steward has the right to play an active role in the meeting and is not just a witness.
You must make a clear request for union representation before or during the interview; management is not obligated to inform you of your right to representation.

If your manager refuses to allow you to bring a representative, do not refuse to attend the meeting, but do not answer any questions either. Take notes. Once the meeting is over call your representative at once.

RULE 2: After you make the request, your supervisor or manager can do one of three things: 

RULE 3: If your request for union representation is denied and your manager/supervisor continues to ask you questions, he or she is committing an unfair labor practice and you have a right to refuse to answer. Your manager or supervisor may not discipline you for such a refusal.

AAFES Rules and Regulations

Useful references:

*Disclosure: to access the most updated information about AAFES rules and regulations, please refer to the publications posted on the AAFES Employees portal. If you can't access the employee portal, please contact your supervisor and/or AAFES IT support.

The Statute

§ 7102. Employees' rights

Each employee shall have the right to form, join, or assist any labor organization, or to refrain from any such activity, freely and without fear of penalty or reprisal, and each employee shall be protected in the exercise of such right. Except as otherwise provided under this chapter, such right includes the right--

      (1)     to act for a labor organization in the capacity of a representative and the right, in that capacity, to present the views of the labor organization to heads of agencies and other officials of the executive branch of the Government, the Congress, or other appropriate authorities, and

      (2)     to engage in collective bargaining with respect to conditions of employment through representatives chosen by employees under this chapter.

§ 7106. Management rights

(a)     Subject to subsection (b) of this section, nothing in this chapter shall affect the authority of any management official of any agency--

      (1)     to determine the mission, budget, organization, number of employees, and internal security practices of the agency; and

      (2)     in accordance with applicable laws--

      (A)     to hire, assign, direct, layoff, and retain employees in the agency, or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such employees;

      (B)     to assign work, to make determinations with respect to contracting out, and to determine the personnel by which agency operations shall be conducted;

      (C)     with respect to filling positions, to make selections for appointments from--

      (i)     among properly ranked and certified candidates for promotion; or

      (ii)     any other appropriate source; and

      (D)     to take whatever actions may be necessary to carry out the agency mission during emergencies.

(b)     Nothing in this section shall preclude any agency and any labor organization from negotiating--

      (1)     at the election of the agency, on the numbers, types, and grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty, or on the technology, methods, and means of performing work;

      (2)     procedures which management officials of the agency will observe in exercising any authority under this section; or

      (3)     appropriate arrangements for employees adversely affected by the exercise of any authority under this section by such management officials.

Motor Vehicle Operator specific