INTERROGATION BY
THE OFFICE OF INSPECTOR GENERAL
OR
POSTAL INSPECTION SERVICE
INSTRUCTORS:
Patricia ‘Pat’ Williams, Assistant Director Clerk Division
Shirley Jean Taylor, National Business Agent, Clerk Division
Patricia ‘Pat’ Davis-Weeks, National Business Agent, Clerk Division
Terry Martinez, National Business Agent, Maintenance Division
SYNOPSIS OF ARBITRATION
AWARDS BASED ON
INSPECTORS INVESTIGATIVE
MEMORANDUMS
• Removal for making threatening remarks to coworkers
• Removal for Improper Conduct Based on Seeking
Sick Leave on the same days while incarcerated
• Discharge for hiding money under papers in cash
drawer
• Removal for misrepresentation of facts to obtain
OWCP benefits
• Removal for failing to disclose employment
information on a CA-17 form
• Removal for misappropriation of funds
• Removal for Embezzlement
• Discharge for misrepresenting injury
• Discharge for not accounting for postal funds
Purpose of
Postal Inspection Service
• The mission of the Postal Inspection Service
is clear- “To enforce applicable laws and
regulations as they relate to the U.S. Mail,
Postal Service accountable items, Postal Funds
and conduct of Postal employees”.
Employee and Labor Relations
Manual Part 666.6
• The Contract requires Postal Employees to
cooperate in all Postal Investigations, including
those administered by Postal Inspectors and/or
OIG.
• This provision falls under Article 19 of the
Collective Bargaining Agreement.
TYPES OF OIG
INVESTIGATIONS
• Employee witness to incident of
misconduct
• Investigation leading to discipline or
possible criminal charges
• Investigation leading to possible criminal
charges
SHOP STEWARD’S
RESPONSIBILITY
•
•
•
•
•
Advise and actively assist the employee
Attempt to clarify the facts
Assist the employee in articulating an explanation
Take notes of questions and answers
Ask questions or seek clarification to prepare a record
in the event of unforeseen discipline of the employee
• If believe employee may be subject of criminal
investigation, advise employee to remain silent and
not sign any statements/forms until seeking counsel.
DO NOT SIGN
“WARNING AND WAIVER OF RIGHTS”
PS FORM 1067
Rights Before Postal Inspectors
Card
Use the employees statement card to
remember what you should say when
questioned by Postal Inspectors / OIG
Transition of Work From the Postal
Inspection Service (PIS) to the
Office of the Inspector General
(OIG)
• The United States Postal Service (OIG) was
created by Congress in September 1996 by
amending the Inspector General Act of 1978
and the Postal Reorganization Act of 1970.
The Inspector General Act provides that the
OIG may conduct audits and investigations in
the Postal Service as it considers
appropriate.
• Investigations of bargaining unit
employees fall within the OIG’s statutory
responsibility to conduct audits and
investigations pertaining to the Postal
Service and are within the OIG’s discretion
to conduct.
• 9/9/04 PMG Potter notifies Officers of the
USPS that the PIS and OIG will focus
efforts on areas that Congress intended
and the transfer of duties will take 1 to 2
years
• 2/7/05 The Chief Postal Inspector and the
Inspector General advise Officers and
Executives of the USPS of each
organization’s new responsibilities.
Special Agents in Charge
of the OIG will investigate:
Allegations of employee embezzlement
• Record falsification by employees
• Workers’ compensation fraud by
employees
• Contract fraud
• On-duty employee narcotics violations
Special Agents in Charge
of the OIG will investigate:
• Miscellaneous employee misconduct
- Application falsification
- Theft of property or services
- Non-postal crimes, etc.
The PIS will investigate:
Mail theft
INVESTIGATION OF OIG
LEGAL PERSPECTIVE
Who was contacted by OIG?
• Did the contact relate to the person’s actions as
an employee or as a union officer?
• Was the person at work or away from work at
time of contact?
• Were there postal employee and/or manager
contacts, but not union official contacts?
Was anyone else involved in the OIG
contact with the employee and/or union
officer?
• Postal Manager?
• Postal Police?
• Other federal investigators? ( DOL) ( FBI)
• What was the subject of contact?
• What was being investigated?
What gave rise to the
investigation?
• Did the OIG begin the inquiry on its own?
• Did someone file a complaint with OIG?
• Was the complainant a union member?
• Was the complainant a union officer?
Did the complaint involve, or was the
investigation about, an internal union matter?
• An election?
• Expenditure of union funds?
• Conduct of union meeting?
• Constitution or bylaws change?
If the answer to #5 is yes(Did the complaint involve, or was the
investigation about an internal union matter?)
• How did OIG become aware of the
issue?
Is the subject of the inquiry the
union’s handling of a grievance?
• Decision to file a grievance?
• Decision to arbitrate?
• Position taken in grievance procedure or
arbitration?
If answer to #7 is yes,
(Is the subject of the inquiry the union’s
handling of a grievance?)
• How did OIG become aware of the
issue?
• Is the subject of the inquiry the
settlement of a grievance?
If the answer to # 9 is yes,
(Is the subject of the inquiry the
settlement of a grievance?)
• How did OIG become aware of the
issue?
If the answer to #9 is yes,
• Is the inquiry about distribution of a lump sum
settlement?
• Is the inquiry about management’s decision to
settle?
Have any other union officers
been contacted by the OIG?
• If so, who?
• Is there an ongoing or related criminal
or administrative investigation?
Where did the contact take
place?
• Postal Facility?
• Union Office?
• Person’s home?
• Phone?
What was time of day, work status,
at time of contact?
• Work hours at Postal Facility?
• Non-work hours at Postal Facility?
• Non-work hours (away from Postal facility)
Was anyone else present at
time of contact?
• Who?
If person objected to OIG inquiry
what was OIG reaction?
• Stop?
• Direct person to answer?
• Try to persuade person to answer?
3/22/05 Vice Pres. Labor Relations Vegliante to
APWU President Burrus explains that certain
types of work place misconduct will be
transitioned from the PIS to the OIG to
investigate.
This transition will not restrict, eliminate, or
otherwise adversely affect any rights,
privileges, or benefits of either employees or
the Union.
OIG ISSUING TICKETS
 OIG is issuing “tickets” in some parts
of the country to our employees.
 We are aware of two instances from the
Central Region.
FIRST INCIDENT
• OIG issued a $125 ticket to the union steward
for allegedly lying at the hearing.
• The Federal Magistrate Judge, the U.S.
Attorney dismissed the charges.
Please also note that because the case is
dismissed ‘without’ prejudice’, in theory
the OIG could still, at a later point, make
a case for prosecution. However, the U.S.
Attorney believes based on his review of
the case, that is very unlikely.
SECOND INCIDENT
 Also
at Palatine, the OIG gave an
employee a $50 ticket for selling bootleg
DVDs and CDs.
NOTE: The local wanted to grieve the ticket
under Article 28.
APWU’S POSITION
• Become aware
• The union should
intervene to represent
our employees
• Be aware of the legalities
of certain situations.
NATIONAL APWU’S POSITION
• Greg Bell and our legal department is
investigating the legalities.
• It is a new concept.
• Employees must be made aware that what
they did in the past can no longer
continue.
Following are answers to some of the
questions APWU posed to the USPS
regarding the transition of work from the
Postal Inspection Service (PIS) to the office
of the Inspector General (OIG)
A8. Will OIG comply with the
requirements of Article 17.3 as it relates
to an employee request for a steward or
Union representative during the course
of an interrogation?
• If an employee requests a steward or Union
representative to be present during the course
of an interrogation by the Inspection Service,
such request will be granted. All polygraph tests
will continue to be on a voluntary basis.
A9. Will OIG comply with the MOU
entitled, “Role of Inspection Service
in Labor Relations Matters?”
• Postal Inspection Service policy does not
condone disrespect by Inspectors in dealing
with any individual. It has an obligation to
comply fully with the letter and spirit of the
National Agreement between the parties and
will not interfere in the dispute resolution
process as it relates to Articles 15 and 16.
• The parties further acknowledge the necessity
of an independent review of the facts by
management prior to the issuance of
disciplinary action, emergency procedures,
indefinite suspensions, enforced leave or
administrative actions.
A10. Generally speaking, the OIG will comply
with those decisions, settlements, and
memoranda of understanding that were
reached through the grievance/arbitration
process, National Labor Relations Board, or
judicial process that apply to the Inspection
Service.
• A11. OIG investigators (Special Agents) will comply
with Weingarten rights in the same manner as Postal
Inspectors.
• A12. Special Agents will not issue or concur in
disciplinary action outlined in Article 16 of the National
Agreement.
• A13. Special Agents will not recommend and/or
mandate the issuance of discipline to bargaining unit
employees.
• A17. Special Agents do not have authority to grant
immunity from criminal prosecution. The Justice
Department or an office of the United States Attorney
has the authority to grant immunity from criminal
prosecution.
• Provision of the form, “Administrative Warning: Duty to
Cooperate,” means that the OIG has obtained a
waiver of prosecution from the Justice Department or
United States Attorney Office.
• A20.
An employee may invoke their right to
counsel in a custodial interrogation.
• A21.
When applicable, the Special Agent will
advise the employee of his/her Miranda rights.
If an employee is not in custody, and is free to
leave, the OIG does not provide Miranda rights.
• A23. The Special Agent will provide Miranda
rights when interrogating employees in
custodial situations; and either Kalkine or
Garrity warnings in non-custodial interrogations.
• A25. The OlG’s report of investigation is similar
in substance to the Inspection Service’s
investigative memorandum.
• Upon request, the Union will be provided
information consistent with Article 17, Section 3
and Article 31.
• A26. The APWU may have the right to interview
Special Agents consistent with the provisions of
Article 17 and 31, depending on the
circumstances.
17.3 The steward, chief steward or other Union representative
properly certified in accordance with Section 2 above may
request and shall obtain access through the appropriate
supervisor to review the documents, files and other records
necessary for processing a grievance or determining if a
grievance exists and shall have the right to interview the
aggrieved employee(s), supervisors and witnesses during
working hours. Such requests shall not be Unreasonably
denied.
31.3 The Employer will make available for inspection by the Union all
relevant information necessary for collective bargaining or the enforcement,
administration or interpretation of this Agreement, including information
necessary to determine whether to file or to continue the processing of a
grievance under this Agreement. Upon the request of the Union, the Employer
will furnish such information, provided, however, that the Employer may
require the Union to reimburse the USPS for any costs reasonably incurred in
obtaining the information.
Requests for information relating to purely local matters should be submitted
by the local Union representative to the installation head or his designee.
APPLICABLE COURT
DECISIONS
• Weingarten Rights
• Miranda Rights
• Garrity Warnings
• Kalkines Warnings
WORKPLACE RIGHTS
(GARRITY & KALKINES)
Workplace rights arise because in the
public sector the government acts as
both a law enforcement Agency and
employer.
RELEVANT CONTRACTUAL
PROTECTIONS
• Article 17, Section 3 which states in part that
“[i]f an employee requests a steward or union
representative to be present during the course
of an interrogation by the inspection Service,
such request will be granted. All polygraph tests
will continue to be on a voluntary basis.”
• JCIM (Article 17) page 4 and Q&As page 6
• CBA Memorandum of Understanding page 327
MIRANDA RIGHTS
• These rights come from a Supreme Court
decision (NLRB v. J. Weingarten Inc., 420
US 251 (1975) involving a series of criminal
cases. Known as the Weingarten rule.
THREE OPTIONS OF
EMPLOYER
• Grant the request and delay questioning until
the union representative arrives;
• Deny the request and end the interview
immediately;
• Give the employee a choice of (a) having the
interview without representation or (b) ending
the interview.
PRIVATE DISCUSSION WITH
STEWARD
Employee has the right to a private discussion
with the steward before the interview continues,
and to have the steward present during the
interview with an OIG agent or postal inspector.
See JCIM, page 5 (Article 17)
NLRB CHARGES AND GRIEVANCES
FOR NONCOMPLIANCE
• Stewards Rights Violation
• Employee’s Rights Violation
• Each should be filed separately
CHARGES SHOULD ALLEGE
• Violations of Section 8(a)(1) of the
National Labor Relations Act.
• Section 8 says: “It shall be an unfair labor
practice for an employer …(1) to interfere
with, restrain or coerce employees in the
exercise of rights guaranteed in section
7 …”
LOCAL’S CHARGE
“Since on or about ______, and continuing to date,
the Postal Service has interfered with, restrained and
coerced employees in the exercise of their right to
self-organization, form, join and assist labor
organizations, to bargain collectively through
representatives of their own choosing, and to engage
in other concerted activities for the purposes of
collective bargaining, by interfering with shop steward
[fill in name]’s right to represent and assist
employees during investigatory or pre-disciplinary
interviews.
INDIVIDUAL’S CHARGE
“Since on or about ________, and
continuing to date, the Postal Service has
interfered with, restrained and coerced
employees in the exercise of their right to
mutual aid and protection by failing to afford
[fill in name] the right to the assistance of
fellow employees during interviews which
may result in discipline.
GRIEVANCES
• In addition to NLRB charges, individual
grievances should be filed on behalf of the
employee whose Weingarten rights have
been violated, and a separate class action
grievance also should be filed by the union
on behalf of the steward whose rights to
participate in an investigatory interview
were violated.
NLRB PILOT PROGRAM
• February 28, 2008, the Postal Service and
the National Labor Relations Board
entered into a settlement agreement
concerning cases that involved Postal
Service Weingarten violations pending in
the Contempt Litigation and Compliance
Section of the NLRB, before the Board,
and before or recently enforced by an
appellate court.
SETTLEMENT AGREEMENT
• Established a pilot program to address
pending and future Weingarten Violations.
UNDER THE AGREEMENT
MANAGEMENT CAN
• Avoid an NLRB cease and desist order or contempt
proceeding by correcting its mistake by conducting a
new interview with a union representative
• Make reference to the actions taken under the
settlement agreement as a defense in the grievance
procedure or other proceedings
• Retain information it obtains through the unlawful
interrogation (the investigatory interview conducted in
violation of Weingarten for use in criminal matters)
APWU’s POSITION
• APWU intends to challenge the program if an when
the NLRB attempts to obtain approval from the
appeals court of a consent order embodying the new
agreement.
• Copies of unfair labor practice charges related to
Weingarten violations that have been filed after the
NLRB/USPS settlement establishing the pilot program
went into effect should be forwarded to the Industrial
Relations Department.
MIRANDA RIGHTS
Excerpts from criminal cases that were
reversed by the court due to the defendant
not being apprised of his/her rights.
1) A defendant was arrested and during interrogation
signed a typed written confession which also said he
was aware of his legal rights in regard to any statement
he makes which may be used against him.
• He was convicted of kidnapping and rape based
on the confession.
• The Supreme Court of the US reversed that ruling
holding that the confession was inadmissible
because he was not apprised of his right to
counsel and his privilege against self
incrimination.
2) A defendant made an oral confession to
police and later that day signed a
confession for the District Attorney.
• He was convicted of robbery.
• The Supreme Court reversed that ruling
holding that the confession was
inadmissible because he was not apprised
of his right to counsel and his privilege
against self incrimination.
3)
Defendant was arrested in Kansas City for
robberies committed there, interrogated by police
for sometime, and then turned over to the FBI who
continued questioning him until they obtained two
signed confessions for two robberies in California.
• Based on his confessions he was convicted of
felon robbery in the State of California.
• The Supreme Court reversed that ruling holding
that the confession was inadmissible because he
did not knowingly and intelligently waive his
right to remain silent, and his right to consult
with counsel prior to the confessions.
4)
Defendant was held and subjected to 9
separate interrogations over a 5 day period
until he made a confession. Through 8 of
the confessions he denied the offenses.
• He was convicted of kidnapping to commit
robbery, rape and murder.
• His conviction was reversed on appeal by
the Supreme Court of California finding that
the confession was inadmissible as he was
not advised of his right to remain silent or of
his right to counsel.
The Supreme Court of the US
affirmed the lower court findings
MIRANDA established an individual has the right:
1) to remain silent
2) to know anything said can be used as
evidence against you in court
3) to council prior to and during questioning or at
anytime (hired or appointed)
4) to understand these are your rights
GARRITY RIGHTS
This constitutional privilege is intended
to ensure that a person isn’t required or
coerced to disclose any information that
he/she reasonably believes may be
used (or lead to other evidence that may
be used) against him/her in a criminal
prosecution.
GARRITY RIGHTS cont.
GARRITY established an individual has the
right:
• To not be threatened by the employer with
discharge in order to secure incriminating
evidence against them, to be used in arrest and
prosecution.
Scenario
• New Jersey state police officers were
suspected of and interrogated for fixing traffic
tickets.
• During the investigation they were told that
anything they say could be used against them
in criminal proceedings, and that they had the
right to refuse to answer if the disclosure would
tend to incriminate them. (Miranda)
GARRITY RIGHTS cont.
• But if they refused to answer they would be
subject to removal for failure to cooperate in an
administrative investigation.
• Based on their statements made in these
interrogations they were convicted.
GARRITY RIGHTS cont.
The Supreme Court held that the statements had
had been made under duress because the
defendants had to choose between self
incrimination or job forfeiture.
The State can not threaten to discharge
employee (s) in order to secure incriminating
evidence against them.
GARRITY RIGHTS cont.
Garrity establishes public sector employees
have additional rights (governmental
employees, including Postal Employees have
additional rights as the employer is both law
enforcement agency and employer)
KALKINES RIGHTS
KALKINES established an individual has the right:
• To know if information being solicited during an
interrogation will be used against them in
criminal prosecution and then can rely on their
Miranda rights.
• If given immunity from prosecution the
employee has a duty to cooperate with the
investigation even though it could cost him/her
their job.
KALKINES RIGHTS
KALKINES warning ordinarily states:
“… You are going to be asked a number of specific questions
concerning the performance of your official duties as an employee
of the United States Postal Service. You have a duty to reply to
these questions and agency disciplinary proceedings resulting in
your Discharge, may be initiated as a result of your answers.
However, neither your answers nor any information or evidence
which is gained by reason of such statements can be used
against you in criminal proceedings. You are subject to discipline
up to and including dismissal if you refuse to answer or fail to
respond truthfully and fully to any questions..
STEWARD’S
RESPONSIBILITY
• Advise employee of the consequences of giving a
statement or not answering questions
• Make sure employee is made aware that any
discipline is subject to challenge in the grievance /
arbitration procedure.
• Make employee aware that false answers could
subject them to discipline for providing false
statements during an investigation. (However, the
postal service has to prove the statements are false
and were made intentionally in a false manner by the
employee).
STEWARD’S
RESPONSIBILITY
• Should take the opportunity to interview postal
inspectors or OIG agents
• Attempt to obtain notes that an inspector or OIG agent
relied upon in preparing an investigative memorandum
• Remember the right to interview a postal inspector or
OIG agent has been upheld in a 1981 NALC Step 4
Settlement with the Postal Service (USPS #N8-N0024)
• Utilize arbitration awards which reinforce and clarify
this right.
STEWARD’S
RESPONSIBILITY
• Stewards may interrupt the interrogation in order to
speak with the employee
• Stewards may advise the employee in front of the
inspectors or agents or alone in private of the
employee’s consequences of giving a statement or not
answering questions.
SCENARIO
• An employee was being interrogated by the
Bureau of Custom for suspicion of taking bribes
from importers in return for favorable treatment
in customs entry.
• During the investigation the employee refused
to answer questions based on his Fifth
Amendment rights against self incrimination.
KALKINES RIGHTS
cont.
• He was discharged for not cooperating in an employer
investigation.
• The US Court of Claims held that the employer did not
make it sufficiently clear that the employee would be
immune from prosecution if he made a statement.
Without such a guarantee against prosecution the
employee has the right against self incrimination.
WEINGARTEN’S RIGHTS
Weingarten Rights are applicable
only during investigatory interviews
when a supervisor questions the
employee to defend his/her conduct.
STEWARDS HAVE THE ABILITY
• To serve as a witness
• Object to questions
• Help an employee
• Advise an employee
• Warn an employee
• Discourage an employee
• Raise extenuating factors
WEINGARTEN RIGHTS
Scenario
• An employee was suspected of theft of food and
was subjected to interrogation
• The employee requested Union representation
and was refused.
• The Union filed an Unfair Labor Practice with the
NLRB
WEINGARTEN RIGHTS cont.
• The Supreme Court upheld the NLRB’s position
that:
1) They have a right to Union Representation
2) Employee must request Union
Representation
WEINGARTEN RIGHTS cont.
3) The employer then has 3 options:
a) Discontinue the interview and act on the evidence
already in hand.
b) Advise employee that the employer will not proceed
unless the employee is willing to be interviewed without a
representative.
c) Provide the employee with a Union representative.
WEINGARTEN RIGHTS cont.
On May 24, 1982 the Chief Postal Inspector
replied to a letter from then Vice President
Burrus which stated:
“Please be assured that it is not Inspection
Service policy that union representatives may
only participate as passive observers.
WEINGARTEN RIGHTS cont.
They acknowledged that the representative’s role or
purpose is to safeguard the interests of the employee,
as well as, the entire bargaining unit.
The role of passive observer may serve neither
purpose.
A representative may properly attempt to clarify facts,
suggest other sources or information, and generally
assist the employee in articulating an explanation.”
WEINGARTEN RIGHTS cont.
• The parties agreed in Step 4 settlements
that Weingarten is both a statutory right,
as well as, a contractual right.
WEINGARTEN RIGHTS cont.
• The Step 4 reads, “The parties at this level
agree that under the Weingarten rule, the
Employer must provide a union
representative to the employee during the
course of its investigatory meeting where
the employee requests such representation
and the employee has a reasonable belief
that discussions during the meeting might
lead to discipline (against the employee).”
WEINGARTEN RIGHTS cont.
4/6/93 in a Judgment of the US Court of Appeals
enforcing an order of the NLRB the USPS agreed
that:
• WE WILL NOT refuse to permit union
representatives to consult with employees prior to
investigatory interviews conducted by Postal
Inspectors which the employees reasonably
believe will result in disciplinary action and WE
WILL NOT refuse to permit employees to speak
with union representatives prior to such interviews.
WEINGARTEN RIGHTS cont.
• WE WILL NOT in any like or
related manner interfere with,
restrain, or coerce our employee in
the exercise of their rights under
Section 7 of the Act.
STEWARD’S PRIVILEGE
• Steward is protected from inspector
or OIG agent subjecting him/her to
interrogation regarding information
disclosed or communicated to
him/her by an employee while the
steward is acting in the capacity of
a representative.
STEWARD’S PRIVILEGE
• Isn’t equivalent to an “attorneyclient” privilege.
• Steward’s privilege applies in the
context of investigatory interviews
by postal inspectors or OIG agents.
LOCAL AND/OR STEWARDS’
RESPONSIBILITY
• Inform both management officials
and inspector or OIG agent that the
Local is going to file an unfair labor
practice charge against the USPS
alleging violations of Section 8(a)1
if the inspector or OIG agent goes
ahead with questioning.
LOCAL’S RESPONSIBILITY
• The local should request injunctive relief
under Section 10(j) of the National Labor
Relations Act since the damage done by
such a demand is irreparable because of
the ongoing chilling effect that it has both
on an employee’s willingness to consult
stewards, and on the willingness of
employees to serve as stewards.
LOCAL’S CHARGE
• On or about ______, the U.S. Postal
Service interfered with, restrained and
coerced employees in the exercise of their
Section 7 rights by, among other things,
demanding under threat of discipline that
union officials submit to interrogations
about their union activities. Injunctive relief
under Section 10(j) is requested.
LOCAL’S SHOULD CITE
• When contacted by the Board Agent, the
local should cite Cook Paint and Varnish
Co.
DEFENSES IN DISCIPLINE
INVOLVING I.S. OR OIG
• Postal Service improperly relied on an
Inspection Service or OIG Investigative
Memorandum (IM) without conducting its
own investigation and that the Inspection
Service or OIG improperly influenced
management’s issuance of discipline by
recommending a specific course of action.
DEFENSES IN DISCIPLINE
INVOLVING I.S. OR OIG
• Inspectors’ or OIG agents’ use of
particularly deceptive or egregious
interview techniques may be sufficient in
certain cases to overturn an employee’s
discipline.
• Utilize award decisions where there are
arguments defending against a charge
that an employee failed to cooperate in an
inspection Service or OIG investigation
AMERICAN POSTAL WORKERS
UNION MEMBERS
AND
THE POSTAL INSPECTORS
SCENARIOS
SCENARIO 1
A window clerk is on duty at the window counter waiting
on a line of customers. A person approaches from the
work floor and identifies him/herself as a Postal
Inspector and begins making some small talk.
The clerk immediately tells the Postal Inspector that
he/she wants a Union Representative. The clerk
answers no questions and responds with no comments
to the Postal Inspector.
The Postal Inspector may insist this is not an
investigation and that he/she is just being friendly. The
clerk must neither accept nor believe that. Postal
Inspectors often cover up their intentions with lies and
half-truths.
WHAT TO DO?
If the Postal Inspector continues to persist: the clerk
 Ignore him/her and/or
 Get the manager and
 Tell the manager the Postal Inspector is disrupting and
distracting the clerk from performing his/her duties
carefully and exercising reasonable care.
SCENARIO 1
SCENARIO 2
A manager or Postmaster approaches an
employee on the workroom floor and orders the
employee to report to the office because
“someone wants to speak to him/her.”
The employee ask the manager/postmaster who
it is that they are to speak with.
If the answer is a Postal Inspector, then the Employee must
immediately request Union Representation. If the manager or
postmaster refuses to tell the employee, then the employee must
requests a Union Representative. The employee should not
refuse to follow the manager/postmaster instructions, but should
make it clear he/she is requesting the Union Representative. The
employee should attempt to have a craft employee witness the
request.
WHAT TO DO?
 If he/she finds the Postal Inspector waiting, immediately, the
employee should request Union representation
 Remain absolutely silent until one is provided.
SCENARIO 2
SCENARIO 3
Manager or Postmaster tells employee to
accompany him/her to the office. Once there, the
Postal Inspector is waiting.
WHAT TO DO
Same as Scenario II;
Employee must request Union Representation
Say nothing until it (representation) is provided
SCENARIO 3
SCENARIO 4
A customer comes to the window and says, “I found this
in the parking lot.” (coil, roll, sheet or book of stamps,
money order, loose stamps, etc.)
Clerk immediately takes the ‘found’ item to his/her
manager/postmaster. Because neither is in the office,
he/she calls the nearest management official for the
office.
Postal Inspectors have increased these set up scams to ‘test’ and
‘ensnare’ Postal Clerks. Clerks must never place the found item
into their accountabilities even temporarily. If a supervisor or
manager tells a clerk to keep it in his/her accountability on a
temporary basis the clerk must insist on that instruction in writing
and retain a record copy.
WHAT TO DO?
 Managers, sometimes develop ‘bad memories’ about improper
instructions given to employees. If possible, have another
employee witness:
a) what is turned in and
b) where it is being held.
SCENARIO 4
SCENARIO 5
Manager/Postmaster gives a window clerk
excess stock that the requisition did not support
and corroborate.
The Postal Inspection Service is involved in the ‘extra
stock’ test scam.
WHAT TO DO?
 Clerk must immediately bring the manager/postmaster
‘error’ to Management’s attention.
 If a manager/postmaster tells the clerk to keep the
stock,
(a) Clerk must never retain that extra stock in his/her
accountability, even on a temporary basis.
(b) Insist on that order in writing.
SCENARIO 5
SCENARIO 6
Postal Employee finds a mail article opened on
the workroom floor, with cash or other valuables
exposed/loose.
Postal Inspectors often ‘test’ employees’ integrity
by leaving ‘set ups’ of money, jewelry, tapes,
CD’s, etc., in opened conditions on the workroom
floor.
WHAT TO DO?
Immediately tell the manager/postmaster what
was found.
 If possible, avoid handling the article and
especially its contents.
SCENARIO 6
SCENARIO 7
Postal Employee finds money/stamps on the floor
of the Post Office without a mail article.
Postal Inspectors do oversee ‘loose funds’ scams
to ensnare Postal Employees.
WHAT TO DO?
Employee must immediately turn in whatever was
found. Employees must never pocket even a
penny or nickel or a 1 cent stamp found on the
workroom floor.
SCENARIO 6
SCENARIO 8
Customer at the window picks up postage due
articles and insists he/she does not need a
receipt. Customer leaves before a receipt is
prepared and given.
?
Postal Inspectors working with Postal Management have run
hundreds of postage due scams whereby fictitious companies
open Post Office boxes and begin receiving postage due mail.
The Postal Inspectors hope to catch a clerk failing to apply
postage to postage due receipts so Misappropriation of Postal due
receipts so misappropriation of Postal funds can be alleged.
WHAT TO DO?
 Clerk must ensure stamp and or meter strip is applied
for the amount of postage paid.
 Bring the customer’s refusal to management’s
attention.
 Run meter strips or apply stamps for postage due
transaction without exception.
SCENARIO 8
SCENARIO 9
Employee gets a phone call at home from a
Postal Inspector.
WHAT TO DO
Employee should tell the Postal Inspector that
he/she will not speak to him or her over the
phone.
The employee must hang up the phone.
The employee must immediately contact a
Union Representative.
SCENARIO 9
SCENARIO 10
Employee receives a visit at home from Postal
Inspectors.
Postal Inspectors have ample opportunity to talk with
employees at the Post Office, on the clock, with Union
Representation. When the employee answers the door
and the Postal Inspectors identify themselves,
WHAT TO DO?
 Not let them in his/her residence
 Never speak to Postal Inspectors off the clock at home or
anywhere else
 Must tell the Postal Inspectors he/she will not speak to them or
see them off the clock, either at home or at any other location.
 Must immediately contact a Union Representative.
SCENARIO 10
SCENARIO 11
Postal Inspectors tells an employee that he/she is
not entitled to a Union Representative because
he/she is not the subject of the investigation.
The Postal Inspectors explain that they must ask
some questions about employee _______.
WHAT TO DO
 Not answer any questions or discuss anything with
any Postal Inspector, unless, once requested, the
Union Representative is provided and present.
If the employee is told he/she is not the subject of the
investigation and is not entitled to Union Representation:
 Employee must still insist on a Union Representative
and not answer questions or cooperate in any way
without the Union Representative.
SCENARIO 11
SCENARIO 12
Postal Inspectors refuse Union Representation to
an employee during an investigative interview.
WHAT TO DO
Stand fast and refuse to answer any questions,
write any statements or respond in any way
Remain calm and silent.
SCENARIO 12
SCENARIO 13
Postal Inspector tells an employee if he/she does
get a Union Representative, the Inspection
Service will not be able to “help” the employee,
i.e., prevent a jail sentence, firing, etcetera.
Postal Inspectors are in the business to get convictions of Postal employees.
They are in the business to get resignations of Postal Employees and to obtain
evidence and confessions leading to firings of Postal Employees. They will
often use the false ploy of “promising” employees certain conditions or results if
the employees “cooperate”, ie., give sworn admissions to misconduct and/or
illegality. Such “promises” and “assurances” are summarily denied by Postal
Inspectors in court and at arbitration.
WHAT TO DO
 Never believe any Postal Inspector when such
“promises” or “assurances” are given
 Insist on Union Representation
 Remain silent
 Do not cooperate in any way without Union
representation.
SCENARIO 13
SCENARIO 14
Postal Inspector tells an employee that they
have an audio or video tape of the employee in
the act of some wrongdoing and that an
admission will benefit the employee’s situation.
Postal Inspectors regularly use fabricated video or audio
tapes as threats to intimidate employees into
admissions.
WHAT TO DO
 Never accept any threat of an audio or video tape on
the part of Postal Inspectors as factual.
SCENARIO 14
SCENARIO 15
An employee is approached on the workroom
floor by a uniformed repair person, delivery
person, Postal Worker Civilian, that does not
work at the installation, making small talk and
asking questions.
Postal Inspectors often pose as citizens, Postal
Employees, visiting managers, delivery persons, etc., to
infiltrate the Post Office and gains the confidence of
workers.
WHAT TO DO?
Must ask the person to identify him/herself.
Not engage in any discussions with an
unknown person on the workroom floor.
SCENARIO 15
SCENARIO 16
Postal Inspectors tells an employee there is no
Union Representative available and that
cooperation is required without delay.
Often, Inspectors will attempt to coerce responses to
questions when they allege no Union representative can
be found.
WHAT TO DO?
 Must tell the Postal Inspectors he/she will
cooperate, but only with a Union Representative
present.
 Must stand fast and assure the Postal Inspectors
he/she will cooperate once the Union Representative
becomes available. This is regardless of whether the
availability occurs in hours, days or weeks.
SCENARIO 16
RECAP
MIRANDA
• Involves Custodial interrogation
• Established the following:
– Your right against self incrimination
– Right to remain silent
– Right to counsel
– Right to understand these rights
GARRITY
• Involves Non-Custodial interrogation
• Established that the employer cannot
threaten to discharge employees in order
to secure incriminating evidence against
them to be used in arrest and prosecution.
KALKINES
• Involves Non-Custodial interrogation
• Established that government/employer can
grant the employee immunity from prosecution
and demand that the employee respond to
questioning and cooperate in their
investigation.
KALKINES
• Employee can be disciplined and/or
discharged for not cooperating in the
investigation.
• Employee can be disciplined and/or
discharged for cooperating and answering
questions properly but if the answers
establish employee misconduct the
employer can take action against the
employee.
WEINGARTEN
• Involves Non-Custodial interrogation
• Established that if an employee has a
reasonably belief that discipline will be the
outcome of the interview they have a right
to Union Representation
• The employee must make the request for
Union Representation
YOUR ROLE AS A SHOP STEWARD
AND/OR UNION REPRESENTATIVE IN
REGARD TO INVESTIGATIVE
INTERVIEWS INVOLVING MIRANDA,
GARRITY, KALKINES AND/OR
WEINGARTEN
CRIMINAL ALLEGATIONS – (potential for
arrest and prosecution) - Miranda and/or
Garrity
CRIMINAL ALLEGATIONS
(potential for arrest and prosecution) - Miranda and/or Garrity
• If the employee requests Union
representation in an interview/interrogation
because they have a reasonable belief
that not just discipline but also arrest and
prosecution may be the outcome of the
interview, a representative is required to
be provided. (Weingarten and/or Miranda,
as applicable)
CRIMINAL ALLEGATIONS
(potential for arrest and prosecution) - Miranda and/or Garrity
• Note: If questioning involves criminality
then the employee must demand an
attorney and the steward should advise
accordingly and insist that the employee
not say or sign anything without consulting
an attorney.
CRIMINAL ALLEGATIONS
(potential for arrest and prosecution) - Miranda and/or Garrity
• Your role via Weingarten is to interview
the employee to ascertain the subject of
the interview and your representative
role in the matter.
CRIMINAL ALLEGATIONS
(potential for arrest and prosecution) - Miranda and/or Garrity
• Ask the employer/investigator if the
employee is being ordered to participate in
the investigation or whether the interview
is voluntary. If they say it’s voluntary, both
you and the employee get up and leave.
CRIMINAL ALLEGATIONS
(potential for arrest and prosecution) - Miranda and/or Garrity
• If it is involuntary you and the employee
should insist that the employer inform the
employee that any statements made will
not be used against the employee in any
subsequent criminal action. Demand that
the employee be given his/her Miranda or
Kalkines warnings. Get it in writing.
CRIMINAL ALLEGATIONS
(potential for arrest and prosecution) - Miranda and/or Garrity
• If Miranda is given advise the employee to
get an attorney. If Kalkines is given your
job is to assist the employee in giving
explanations, mitigating the alleged
misconduct.
CRIMINAL ALLEGATIONS
(potential for arrest and prosecution) - Miranda and/or Garrity
• Since in this example the issue involves
criminality you must insist that the
employee demand an attorney and
insist that the employee not say or sign
anything without consulting an attorney.
CRIMINAL ALLEGATIONS
(potential for arrest and prosecution) - Miranda and/or Garrity
• Your role is over.
ADMINISTRATIVE ACTIONS (potential for discipline or discharge) –
Kalkines and/or Weingarten
ADMINISTRATIVE ACTIONS
(potential for discipline or discharge)
Kalkines and/or Weingarten
• If an employee requests Union
representation in an interview/interrogation
because they have a reasonable belief that
discipline will be the outcome of the
interview, a representative is required to be
provided.
ADMINISTRATIVE ACTIONS
(potential for discipline or discharge)
Kalkines and/or Weingarten
• If criminality is involved but the government
has granted the employee immunity from
prosecution, the employee has a duty to
cooperate.
ADMINISTRATIVE ACTIONS
(potential for discipline or discharge)
Kalkines and/or Weingarten
• Your role via Weingarten is to interview the
employee to ascertain the subject of the
interview and your representative role in
the matter.
ADMINISTRATIVE ACTIONS
(potential for discipline or discharge)
Kalkines and/or Weingarten
• Then your role is to assist the employee in
explaining what may look to be culpability
on the part of the employee, is not, or is
not to the degree that the employer
alleges. You job is to mitigate, explain,
help the employee articulate, get them out
of trouble.
ADMINISTRATIVE ACTIONS
(potential for discipline or discharge)
Kalkines and/or Weingarten
You can:
• Seek clarification on questions asked
• Insure that the employee understands the
questions asked
• Request a caucus to confer with the employee
• Insure that management is ordering the
employee to respond to questions or provide a
statement
• Take copious notes
ADMINISTRATIVE ACTIONS
(potential for discipline or discharge)
Kalkines and/or Weingarten
You can’t:
• Interfere with management’s right to
investigate the conduct
• You can’t answer on behalf of the
employee
What an Individual Should Do When
Questioned by the P.I.
or
OIG
If questioned by a United States Postal
Inspector about your conduct, even if you
believe you are not guilty of any wrong
doing, it is suggested you do the
following:
What an Individual Should Do
When Questioned by the OIG
1) Remain calm;
2) Correctly identify yourself, if requested to
do so;
3) Do not physically resist an arrest or a
search of your person or property;
What an Individual Should Do
When Questioned by the OIG
4)Remain silent until you have consulted
with your Union Representative or
attorney, as appropriate. Remember. . . do
not sign any type of form/document;
whether said form or document has a PS
(Postal Service) number located on the
bottom left corner or not;
What an Individual Should Do
When Questioned by the OIG
5) Read aloud to the Postal Inspector(s) or
Office of Inspector General Agent(s) the
statement written below.
This is not complete advise. Always consult
with an attorney.
What an Individual Should Do
When Questioned by the OIG
I request the presence of my Union
Representative. If I am a suspect in a
criminal matter, please so advise me. If so,
I wish to contact my attorney.
(His/Her) name is _________________
Telephone number ( ) ____________
What an Individual Should Do
When Questioned by the OIG
If I am under arrest, I request you to
advise me and to inform me of the
reason or reasons. I will not resist
arrest.
What an Individual Should Do
When Questioned by the OIG
I do not consent to a search of my person
or my property. However, I will not
physically resist or obstruct such a search.
If you have a search warrant, I request to
see it at this time.
What an Individual Should Do
When Questioned by the OIG
I will cooperate with you fully, but I do not
waive any of my rights, including my right to
remain silent. I will not sign any Postal
Inspection Service or Office of Inspector
General (OIG) form(s) identified as
KALKINES and GARRITY warnings or make
any written or oral statement unless my
attorney and/or Union Representative are
personally present and so advise me.
What an Individual Should Do
When Questioned by the OIG
Employee and Labor Relations Manual
Section 666.6 Cooperation in Investigations
Employees will cooperate in any postal
investigation.
Postal Inspectors
QUESTION 1
When should I request a Union
Representative?
ANSWER 1
As soon as an individual identifies him/herself to
you as a Postal Inspector/ OIG, and advises you
he/she would like to ask you some questions.
This request should include incidents (for window
clerks) in which inspectors count your stamp
stock where you could become the subject of an
investigation.
QUESTION 2
Are inspectors required by contract language to
advise you that you are entitled to have a Union
Steward present during an interrogation?
ANSWER 2
No. They are not required to inform the
employee, nor will they inform the employee.
The responsibility rests with the employee to
know specifically what his/her rights are.
QUESTION 3
What are your rights during an interrogation by
the inspection service in which you could possibly
be the subject of a criminal investigation?
Note: This man does not represent
any specific race and/or color
ANSWER 3
The best possible advice to an employee during this
type of situation is to remain silent. Advise the inspector
that you intend to seek legal counsel. Then, when you
have engaged the services of an attorney, you will
cooperate with their investigation.
One rule to remember is that if enough evidence has
been gathered to establish criminal culpability, they will
advise you of your rights under law and proceed with
formal criminal arraignment. If, on the other hand, they
continue the interrogation in general terms, they
probably are still fishing for evidence.
QUESTION 4
What is PS 1067, US Postal Inspection Service
Warning and Waiver of Rights; and should I sign
this form if requested?
ANSWER 4
The PS 1067 is commonly referred to as the
Miranda warning; essentially, it is an official
warning before you are asked any questions and
constitutes a waiver by the employee of his/her
rights.
Under no circumstances should an employee
sign this form until he/she has engaged legal counsel.
QUESTION 5
When is the Inspection Service required to give
an employee under interrogation a “Miranda”
Warning?
ANSWER 5
A Miranda warning must be given at the outset
of any investigatory interview conducted by a
law enforcement authority, such as the Inspection Service, where
the answers may be used to establish a criminal conviction
against the employee. If the employee is not provided with a
Miranda Warning at this time, none of the information gained as a
result of the interview may be admitted in a criminal proceeding
against the employee. Some arbitrators have also held that
evidence taken in violation of an employee’s Miranda rights
cannot be used to establish Just Cause for discharge.
QUESTION 6
If a craft employee is temporarily assigned to
management position (e.g. Officer in Charge or
Acting Supervisor) is he/she covered by the
provisions of the National Agreement with respect
to Union Representation during an interrogation?
ANSWER 6
Yes. An employee on a temporary assignment to
a management position has all the rights
applicable to his/her regular position, not those
applicable to the temporary position.
QUESTION 7
What is an Investigative Memorandum?
ANSWER 7
After the completion of an investigation, criminal or otherwise, an
Investigative Memorandum is furnished to local management. It
serves as a formal record of the inspector’s findings. Also, it
serves to present evidence in support of charges that may be
issued by the Postmaster or other administrative official against
an employee.
The Union has every right to request copies and review all
material relied upon to support the reason for an advance notice
from the Postmaster or other administrative official of a proposed
suspension or discharge. All facts, including affidavits or other
exhibits, must be made available.
QUESTION 8
Are there any situations in which an employee
should agree to a polygraph test?
ANSWER 8
In accordance with the National Agreement,
polygraph tests are voluntary. It is not a good
idea to volunteer for the polygraph examination
until the employee obtains the advice of legal
counsel.
NO!
QUESTION 9
What is the role of a Union Steward/Representative
During an Investigatory Interview?
ANSWER 9
This is perhaps one of the most important functions that a Union
Steward/Representative is confronted with. (Refer to Addendum
#3 and #4). The Union Steward/Rep should not remain a passive
observer. Although the union steward/rep has every right to
participate in an investigative interview, the facts of life are that
the Inspection Service uses intimidating tactics in an attempt to
reduce any input the union person might have.
The union has an obligation as the collective bargaining
representative to take an active part on behalf of the employee
being interviewed.
ANSWER 9 CONT’D
Once an employee has been read a Miranda Warning,
the role of the Steward/Rep becomes limited. The rep
should advise the employee to exercise his/her right to
remain silent and to consult with an attorney.
Once the attorney arrives, the union representative’s
role is limited to assisting the attorney in finding
evidence establishing the employee’s innocence. Under
no circumstance should a union representative offer
advice to employees as to their rights under the criminal
law.
QUESTION 10
Are all Postal Service employees required to
cooperate in postal investigations?
ANSWER 10
Yes. All Postal Service employees are required to cooperate in a
Postal Service investigation. When an employee has been
arrested for violation of criminal law, or when the investigation of a
violation of criminal law has reached the accusatory state, (e.g.
the investigation) the employee must be informed of his/her
constitutional rights against self-incrimination. He/she is entitled to
remain silent thereafter or to refuse to answer questions except in
the presence of his/her attorney.
This warning is based upon the United States Supreme Court
decision on Miranda vs. Arizona, 348US436. All law enforcement
officers are required to give persons under investigation an
explanation of their constitutional rights.
QUESTION 11
Do I have the right to a union representative
when I am being interrogated by supervisors,
rather than Postal Inspectors?
ANSWER 11
Yes, you have a legal right to steward
representation under the National Labor
Relations Act if you are the subject of the
interrogation and the questions could lead to
discipline against you. The right was established
by the Supreme Court in NLRB and Weingarten
420 US 251
QUESTION 12
When an employee requests union
representation, is he/she required to continue to
answer Inspection Service inquiries?
ANSWER 12
No. Once the employee requests union
representation, the interview must be terminated
until the steward or other representative arrives.
The employee may refuse to answer or to
otherwise cooperate with the investigation during
the period between the request for representation
and the appearance of the representative.
QUESTION 13
Can the union decline to represent non-members
in providing representation with the Inspection
Service?
ANSWER 13
No.
The union cannot discriminate against non-
members in providing representation and
assistance in investigative interviews.
QUESTION 14
How do I know when questions by a supervisor
could lead to discipline?
ANSWER 14
Simply by asking. If you are not given complete
unequivocal assurances that the answers you
give to the supervisor’s questions will not lead to
discipline against you, you should request
steward representation and decline to answer any
question until the steward arrives.
QUESTION 15
Can an employee request the presence of a
union steward and an attorney during question?
ANSWER 15
Yes, the employee is not required to make an
election between having an attorney or a union
steward/representative present; he/she is
entitled to the presence of both
QUESTION 16
Should a union steward or representative in an
investigative interview witness a confession or
otherwise assist the Inspection Service in its
investigation?
ANSWER 16
NO. The representative’s duty is solely to the
employee under investigation. While the
representative should not participate in hiding or
covering up relevant evidence, he/she also
should not provide the Inspection Service help in
establishing the employee’s guilt by witnessing
confessions or eliciting incriminating responses
from the employee
QUESTION 17
Are Postal Inspectors authorized to issue letters
of charges or recommend disciplinary action
against an employee?
ANSWER 17
NO. Inspectors are not authorized to issue
letters of charges or recommend disciplinary
action against an employee.
QUESTION 18
Is an employee required to make a written
statement when requested by the Postal
Inspection Service?
ANSWER 18
NO. It is the position of the union that there is not a Requirement, legal or contractual, to submit a written statement to the
Postal Inspection Service when they should make this request.
Any statement written or recorded is voluntary. It should be of
extreme importance for the employee to consult an attorney if this
situation should arise.
Consult an attorney before giving a statement, written or oral, or
before you sign a statement prepared by the Inspector/OIG. They
will construct statements which look harmless but can be
construed as the employee admitting to wrongdoing.
QUESTION 19
What is an observation gallery?
ANSWER 19
An observation gallery is used solely in
investigations involving criminality against the
Postal Service. Only Postal Inspectors are
permitted in the galleries. Galleries have been in
use for over one hundred years.
QUESTION 20
Does the Inspection Service have a responsibility
to provide postal personnel with a safe working
environment (personal safety)?
ANSWER 20
Yes, the Postal Inspection Service has a responsibility to
provide employees with a safe working environment.
Employment related assaults on employees including
both physical assaults (assault & battery) or nonphysical assaults (threats of physical violence) have an
adverse effect on the efficiency and morale of postal
employees.
QUESTION 21
When are financial discrepancies reported to the
Inspection Service?
ANSWER 21
Discrepancies of $100 or more in financial
responsibilities (shortage or overage) are
reported by Postmasters on form 571 to the
Inspector in Charge.
QUESTION 22
Does a former employee have an obligation to
repay an indebtedness to the Postal Service?
QUESTION 23
What does the term “set-off” mean?
ANSWER 23
If an employee is indebted to the Postal Service at the
time of separation from the Postal Service and is
unwilling to make full restitution, the Postal Service is
authorized to collect all debts due under the provisions
of established law.
Any funds due the former employee from unpaid salary,
savings bond deductions and payments for accrued
annual leave may be ‘set off’ without his/her written
consent.
QUESTION 24
If the former employee has less than five years service, retirement
‘set-off’ can be affected without an application from him/her for
refund of his/her retirement deductions.
If an employee has more than five years service, ‘set-off’ can be
affect only when he/she makes formal application for refund (Form
2802).
If an employee elects optional retirement, he/she is entitled to an
immediate annuity and his/her retirement record must be released
to the postal data center. The annuity is subject to ‘set-off’,
however, and the payment may be sent to the Postal Service until
the indebtedness is liquidated.
QUESTION 25
Do Postal Inspectors become involved in vehicle
accidents and what rights does the employee
have if he/she should become involved in an
accident?
ANSWER 25
In serious vehicle accidents involving postal employees and
vehicles, the Inspection Service becomes involved. Personal
injuries incurred by a postal employee in the performance of his
official duties are covered under the Federal Employee’s
Compensation Act.
This protection is afforded employees whether they are operating
a vehicle on official business or injured while performing a
non-vehicle assignment. It is immaterial whether the employee is
operating a government owned vehicle, a leased vehicle or
personally owned vehicle.
QUESTION 26
Does the Postal Service protect an employee
against damage to his privately owned vehicle in
performance of his duty?
ANSWER 26
No. The Postal Service does not normally protect
an employee against damage to his personally
owned vehicle while operating it in the
performance of official duties. It is incumbent
upon the employee to provide collision insurance
if he/she so desires.
Questions & Answers Clarifying The
Functions of the OIG
QUESTION 1
The February 7, 2005, memorandum makes
reference to the “Postmaster General’s
September 9, 2004 memorandum, which
announced that changes would be made in the
responsibility for investigating certain internal
crimes.” Is there an available copy of the memo?
ANSWER 1
Yes.
The Postmaster General’s September 9,
2004, memorandum is enclosed.
See LINK PG 11.
QUESTION 2
The February 7, 2005, memorandum also stated that ‘effective
immediately, allegations of employee embezzlement, record
falsification by employees, workers’ compensation fraud by postal
employees, contract fraud, on-duty employee narcotics violations,
and miscellaneous employee misconduct (application falsification,
theft of property or services, non-postal crimes, etc.) will be
referred to your local Office Of Inspector General (OIG) Special
Agent in Charge, who will coordinate with the Inspection Service
to determine appropriate investigative action?
We have no record of receiving the required notification pursuant
to Article 19 of this change. If the required Article 19 notification
was provided, please provide.
ANSWER 2
The transition of certain types of investigatory assignments from
the Inspection Service to the Office of Inspector General (OIG),
as explained in the March 22, 2005, letter to Mr. Burrus, will not
restrict, eliminate, or otherwise adversely affect any rights,
privileges, or benefits of Postal Employees. This transition does
not directly relate to wages, hours and working conditions.
Therefore, it is the Postal Service’s position that Article 19
notification, as defined in the National Agreement was not
required. The March 22, 2005, letter is enclosed. Attachment B.
See LINK PG 12.
QUESTION 3
It has been the parties’ historical past practice consistent with
applicable regulations, collective bargaining agreements,
settlements and memoranda that the law enforcement officers
who conduct interrogations of bargaining unit employees
regarding criminal matters are the Postal Inspection Service
officers. Whereas, management is responsible for handling noncriminal matters in which an employee may be subject to
discipline, including discharge. In addition, OIG has oversight
responsibilities of activities of the Postal Inspection Service.
Please identify the specific regulations that support the Postal
Service’s decision to replace Inspection Service Officers with OIG
Officers to investigate and/or interrogate bargaining unit
employees.
ANSWER 3
The United States Postal Service Office of Inspector General
(OIG) was created by Congress in September 1996 by amending
the Inspector General Act of 1978 and the Postal Reorganization
Act of 1970. The Inspector General Act provides that the OIG
May conduct audits and investigations in the Postal Service as it
considers appropriate. See 5 U.S.C. app. 3 8G(f). Investigations
of bargaining unit employees fall within the OIG’s statuatory
responsibility to conduct audits and investigations pertaining to
the Postal Service and are within the OIG’s discretion to conduct.
QUESTION 4
The Chief Postal Inspector reports directly to and is under the
general supervision of the Postmaster General. Does the
Inspector General report to and work under the general
supervision of the Postmaster General? Will the OIG also be
subject to the same authority of the Postmaster General and the
Postal Service’s Office of Labor Relations? If not, please explain
why not?
ANSWER 4
The Inspector General does not report to or work under the
general supervision of the Postmaster General. The Inspector
General Act ensures OIG independence by stating that the
Inspector General “shall not report to, or be subject to supervision
by, any other officer or employee” of the Postal Service.
QUESTION 5
Will this transition result in any changes related to how bargaining
unit employees are treated, investigated or interrogated by the
Postal Inspection Service regarding the above-referenced
allegations? If so, please explain how and what impact or effect
the transition will have on employees.
ANSWER 5
The Inspector General Act of 1078, as amended, provides,
“nothing in this Act shall restrict, eliminate, or otherwise adversely
affect any of the rights, privileges, or benefits of either employees
of the United States Postal Service, or labor organizations
representing employees of the United States Postal Service.
QUESTION 6
Please explain the purpose and reasoning behind the changes
relating to the transitioning of certain types of workplace
investigations to OIG from the Inspection Service.
ANSWER 6
The transitioning of certain types of investigations from the
Inspection Service to the OIG fulfills the OIG’s responsibilities
under the Inspector General Act.
QUESTION 7
Please describe whether the Inspection Service will have any role
in investigation of the matters assigned to the OIG concerning
bargaining unit employees and, if so, describe what that role will
be.
Answer 7
The Inspection Service may have a role in investigations assigned
to the OIG, on a case-by-case basis. A Postal Inspector’s role
would be to refer allegations to the OIG and/or participate in the
investigation with the OIG Special Agent.
QUESTION 8
Article 17.3 of the APWU National Agreement states that if an
employee requests a steward or Union representative to be
present during the course of an interrogation by the Inspection
Service, such request will be granted. Will OIG comply with this
requirement of Article 17.3 during the course of an interrogation?
Answer 8
The OIG will comply with the requirements of Article 17.3 as it
relates to an employee request for a steward or Union
representative during the course of an interrogation.
QUESTION 9
The APWU has a Memorandum of Understanding with the Postal
Service concerning the “Role of Inspection Service in Labor
Relations Matters.” Will this MOU also apply to the OIG, the same
as the Inspection Service? If it does not, in whole or in part,
please explain which specific parts of the MOU do not apply and
why?
Answer 9
The OIG will comply with the MOU entitled, “Role Of Inspection
Service in Labor Relations Matters.”
QUESTION 10
Where there have been decisions, settlements, and memoranda
of understanding reached through the grievance/arbitration
process, the National Labor Relations Board, or the courts that
apply to the Postal Inspection Service, will the OIG be obligated
and bound to those decisions in the same way as the Postal
Inspection Service?
Answer 10
Generally speaking, the OIG will comply with those decisions,
settlements, and memoranda of understanding that were reached
through the grievance/arbitration process, National Labor
Relations Board, or judicial process that apply to the Inspection
Service. However, without identifying a specific decision,
settlement, or memorandum of understanding, a more definitive
answer cannot be provided.
QUESTION 11
Will OIG investigators comply with employees’ Weingarten rights,
the same as Postal Inspectors, allowing a union steward to
consult with the employee before, and be present during, an OIG
interview if requested by the employee?
Answer 11
OIG investigators (Special Agents) will comply with Weingarten
rights in the same manner as Postal Inspectors.
QUESTION 12
Will OIG investigators issue or act as the concurring official in
discipline issued by the Postal Service in accordance with Article
16 of the APWU National Agreement?
Answer 12
Special Agents will not issue or concur in disciplinary action
outlined in Article 16 of the National Agreement.
QUESTION 13
Will the OIG recommend and/or mandate that disciplinary action
be issued to a bargaining unit employee?
Answer 13
Special Agents will not recommend and/or mandate the issuance
of discipline to bargaining unit employees.
QUESTION 14
The current official Postal Service form that bargaining unit
employees are subject to and may be asked to review or sign
during an interrogation is “PS Form 1067, July 1987- USPS Postal
Inspection Service—Warning and Waiver of Rights.” However, it
has been called to our attention that bargaining unit employees
are being asked to review and/or sign unofficial forms during
interrogation by OIG Inspectors. Please provide copies of any
forms that bargaining unite employees may be asked to review or
sign or both during the course of an investigation by the OIG.
Among these forms, please provide the primary document
authorizing or describing the use of these forms including what
has been referred to as “IGM 410 and its attachments.”
Answer 14
On your CD are the investigatory forms the OIG uses during an
interrogation. Attachments C,D and E.
Question 15
We have received from the field a copy of a form titled
“Administrative Warning: Duty to Cooperate” (copy attached).
Although this form may be included in your response to Question
14, we have no record of this form (which bargaining unit
employees are currently being subject to) being authorized as an
official Postal Service for, similar to PS Form 1067 which is used
by the Postal Inspection Service. It is not clear whether the PS
Form number is simply missing from the copy that we have and
therefore it is requested that you provide the PS Form number
and effective date. It is also requested that you also explain the
genesis and intended use of this form.
Answer 15
An employee’s duty to cooperate during an official postal
investigation is not new. See ELM 665.3 (formerly ELM 666.6)
The OIG has the authority to use its own forms.
Question 16
What effect, if any, is there on the investigatory process or the
disciplinary process if an employee refuses to sign the
Administrative Warning: Duty to Cooperate or other similar official
PS Forms the OIG might use? For example, there have been
occasions depending on the fact circumstances where employees
have exercised their right not to sign the Postal Inspection Service
“Warning and Waiver of Rights” PS-Form 1067..
Answer 16
An employee’s refusal to sign the Administrative Warning: Duty to
Cooperate does not necessarily trigger an adverse result. It would
depend on the circumstances surrounding the refusal on a case
by case basis and is determined by management.
Question 17
The “Administrative Warning: Duty to Cooperate” form indicates
that neither an employee’s answer, nor any information or
evidence which is gained by reason of your statements can be
used against you in criminal proceedings. Do OIG investigators
have authority to grant immunity from prosecution? If so, please
describe the authority. If not, who is authorized to grant immunity
from prosecution?
Answer 17
Special Agents do not have authority to grant immunity from
criminal prosecution. The Justice Department or an office of the
United States Attorney has the authority to grant immunity from
criminal prosecution. Provision of the form, “Administrative
Warning: Duty to Cooperate,” means that the OIG has obtained a
waiver of prosecution from the Justice Department or United
States Attorney Office.
Question 18
If OIG investigators do not grant immunity, how and from whom
do they secure immunity from prosecution?
Answer 18
See response to paragraph 17.
Question 19
How is an employee who is being interviewed informed of the
granting and scope of immunity from prosecution? For example,
does OIG contact the appropriate authorizing official first, and get
approval to grant immunity from prosecution before offering
immunity from prosecution during the interrogation?
Answer 19
Special Agents obtain authorization to offer immunity from criminal
prosecution prior to conveying that immunity to an employee.
Question 20
Will an employee be allowed legal representation prior to and/or
during an OIG investigatory interview?
Answer 20
An employee may invoke their right to counsel in a custodial
interrogation.
Question 21
Under Miranda v. Arizona 384 U.S. 436 (1966), before a law
enforcement officer may question an individual regarding the
possible commission of a crime, he/she must read to the
employee his/her “Miranda Rights” and must also make sure that
the individual understands these rights. It is not sufficient to simply
inform employees that “neither their answers nor any information
or evidence which is gained by reason of their statements can be
used against them in criminal proceedings.” Such a statement
does not relieve the OIG officers of their obligation to advise the
employee of their full “Miranda Rights,” including the right to
remain silent and the right to be represented by counsel. Why is it
that the “Administrative Warning: Duty to Cooperate” form does
not advise employees of their full “Miranda Rights,” including the
right to be represented by counsel and the right to remain silent?
Answer 21
When applicable, the Special Agent will advise the employee of
his/her Miranda Rights. If an employee is not in custody, and is
free to leave, the OIG does not provide Miranda Rights.
Question 22
Can OIG investigators grant employees immunity from
administrative disciplinary proceedings that could arise based on
the substance of the employees’ responses? If so, how will that
immunity be conveyed to employees?
Answer 22
It is a management responsibility to determine whether to issue
discipline. Special Agents do not have the authority to grant
employees immunity from adverse administrative actions.
Question 23
Will OIG investigators use other warnings and explanations of
employees’ legal rights? If so, please specify the warnings or
explanations given and their purpose.
Answer 23
The Special Agent will provide Miranda Rights when interrogating
employees in custodial situations; and either Kalkine or Garrity
warnings in non-custodial interrogations.
Question 24
Is there a general protocol and/or procedure for the OIG’s
investigation of allegations? If so, please provide us with that
protocol and/or procedure?
Answer 24
The OIG commences investigations after receiving allegations or
otherwise discovering apparent wrongdoing. The OIG may
produce a report at the end of the investigation.
Question 25
Describe the type and/or form number of internal reports
generated by the OIG during an investigation. Also, will OIG
comply with APWU’s right to be provided such information
pursuant to Article 17, Section 3 and Article 31 of the National
Agreement?
Answer 25
The OIG’s report of investigation is similar in substance to the
inspection Service’s investigative memorandum. Upon request,
the Union will be provided information consistent with Article 17,
Section 3 and Article 31.
Question 26
The APWU presently has the right to interview Inspection Service
officers regarding investigations that result in or relate to discipline
of bargaining unit employees. Will OIG comply with APWU’s right
to interview OIG Inspectors, the same as Postal Inspectors?
Answer 26
The APWU may have the right to interview Special Agents
consistent with the provisions of Article 17 and 31, depending on
the circumstances.