NASA v. FLRA

The Federal Service Labor-Management Relations Statute (FSLMRS) permits union participation at an employee examination conducted “by a representative of the agency” if the employee believes that the examination will result in disciplinary action and requests such representation. The NASA Office of Inspector General (OIG) began investigating a government employee. An investigator from the OIG’s office interviewed the employee and, while a union representative was allowed to attend the interview, the representative’s participation was curtailed. Because of this limitation on the representative’s participation, the union filed an unfair labor charge with the Federal Labor Relations Authority (FLRA).