The Agency will provide the Union the opportunity to be represented at any examination of an employee in the unit by a representative of the Agency if:
a. the employee reasonably believes that the examination may result in disciplinary action against the employee;
b. and the employee requests representation.
This right is derived from the Federal Service Labor-Management Relations Statute (FSLMRS aka “the Statute”) and premised on a similar private sector right of employees established by the Supreme Court in Supreme Court in NLRB v. J. Weingarten, Inc., 420 U.S. 251, 95 S. Ct. 959 (1975) (Weingarten)
Read more from the FLRA on this right – https://www.flra.gov/Guidance_investigatory%20examinations_part%203
