AFGE Local 1298
Dedication - Pride - Selfless Service
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Next Meeting
18 - June - 2024 @ 4:30 PM
Training Center
Fort Worth, Texas
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It has come to the attention of the Union, that the Agency is routinely requesting staff members to take part in polygraph examinations to aid their investigative process. Before you submit to such examinations, KNOW YOUR RIGHTS and understand how the process works! Polygraph examinations are voluntary!
Voluntary Examinations: Polygraph examinations given to federal employees or other individuals may be voluntary, meaning that the examinee may refuse to take the examination with no adverse consequences. For example, witnesses or subjects in a criminal investigation are protected by the Fifth Amendment right against self-incrimination and therefore can refuse to speak with investigators or take a polygraph examination.
Mandatory Examinations: In some cases, polygraph examinations conducted by the FBI, DEA, and ATF are mandatory. In these cases, completion of a successful examination is required for an individual to obtain a desired benefit such as consideration for employment, membership in a foreign investigative unit, or obtaining a security clearance. The consequences of refusing to take a mandatory polygraph examination or of having results that indicate deception vary according to the policy of the component requiring the test.
CLICK HERE if you would like to know how polygraph testing works.
CLICK HERE for an OIG report on polygraph exams.
Focus on Representation
Exercise Your Rights
Exercise Your Rights
Weingarten Rights:
Unit employees, including probationary employees, have the right to a Union representative during any examination by, or prior to submission of any written report to, a representative of the Employer in connection with an investigation if:
1. The employee reasonably believes that the examination may result in disciplinary action the employee; and
2. The employee request representation.
Do not fall for the old line "Well, you're not the subject of the investigation" and ask them to call the Union President!
Your Rights During an OIG Investigation:
Garrity Rights:
This is a voluntary interview. Always request a Union Representative and do not answer any questions. You can leave the interview if they inform you that this is a voluntary statement. Do not go forward until that has been explained and you have signed the waiver and assurance form from OIG. Protects the employee from having to choose between self incrimination and job forfeiture for failing to cooperate. The individual has the right to not be threatened with discharge in order for the OIG to secure incriminating evidence that would be used against them for arrest and prosecution. Miranda Rights would be applicable here.
Kalkines Rights:
If the individual is given immunity from criminal prosecution, the employee is required to cooperate in the investigation even if the information solicited could be used for discharging the employee. Special Agents do not have the authority to grant immunity from criminal prosecution. However, if Special Agents provide the form "Administrative Warning: Duty to Cooperate" that means that the OIG has obtained such a waiver of prosecution.
Commitment: Our commitment is to provide and maintain unity amongst ourselves as well as the Local 1298 membership, and to foster an environment that is informative with open communication, transparency, and accountability.
Vision: Our vision is to strengthen our Union by organizing, mobilizing, educating members, and training up new leaders through strategic and innovative strategies.
Goals: Our goals are to focus on representation, to focus on problems and ways to deal with them, to use collective bargaining as a tool to improve labor management relations, to ensure the Agency continues to recognize “YOU,” the employees, are the most valuable resource to them, and to make sure you are encouraged and reasonably assisted to develop your potential as a BOP employee to the fullest extent practicable.