Investigations
How do investigations start?
The Office of Inspector General (OIG) receives information, that
may be characterized as a complaint, allegation, or referral. National Labor
Relations Board (NLRB) employees are the greatest single source of this
information. NLRB management also may provide information to the OIG.
Is the identity of an individual who provides information
protected?
Individuals may choose to remain anonymous or request that their
identities be confidential. OIG maintains confidentiality in accordance with
Section 7(b) of the Inspector General Act of 1978. An individual's identity will
not be disclosed without consent, unless the Inspector General determines that
such disclosure is unavoidable.
Is an investigation always initiated?
The Inspector General reviews the information and makes an
initial determination of what action is required. Many times, the Inspector
General will make an initial inquiry and conclude that investigative action is
not warranted. A primary consideration is whether the information may be
referred to NLRB management or other government agencies for action.
The OIG usually conducts an investigation if the information is
not referred for action, is a potential criminal violation, and/or involves
senior management. Most investigations concern alleged fraudulent activity
involving travel, time and attendance, workers' compensation, or ethics
violations. OIG also investigates non-NLRB employees in matters involving fraud
against the Government; primarily cases of contract fraud.
Will management officials be advised that an employee is a
subject of an investigation?
OIG is not obligated to notify management. If necessary, OIG may
advise supervisors or higher-level managers of the general nature of the
investigation and the name of the subject. OIG may, if appropriate, inform
officials of the results of the investigation.
Is every employee contacted by the OIG a suspect?
No. Most employees are contacted to provide information.
How are subjects notified of their rights?
The OIG uses a form to notify the individual of his or her
rights and serve as a record if any rights are waived. Two forms exist, one for
criminal and one for civil and administrative
investigations.
At the beginning of the interview, the investigator will give
the subject the form, orally review its contents, and ask the subject to sign
the form. In a criminal investigation, the interview will be terminated if the
subject refuses to sign the form. In a civil or administrative case, the
investigator will annotate the refusal on the form.
Do employees have an obligation to cooperate in
investigations?
NLRB regulations require employees to cooperate with the OIG and
to provide sworn testimony (29 CFR 100.21). In a criminal investigation, the
subject will be informed of the right to remain silent. However, that silence,
together with other evidence, will not preclude disciplinary action. Subjects in
civil and administrative cases, and employees who are not subjects do not have a
right to remain silent, and may be subject to discipline for refusing to
cooperate with an OIG investigation.
Do employees have a right to an attorney?
During a criminal investigation, an individual may be represented by his or her private attorney upon request.
Can employees have a union representative?
A bargaining unit employee may request union representation if
the individual reasonably believes that the examination may result in
disciplinary action. OIG will comply with all such requests for union
representation, or will terminate the interview.
When does the Inspector General refer an investigation for
prosecution or civil action?
The Inspector General is required by law to refer cases to the
Department of Justice if reasonable grounds exist to believe that a violation of
Federal criminal law has occurred, and has the discretion to refer a case that
merits civil action. OIG informs management that cases have been referred to the
Department of Justice.
Do OIG investigations have time limits?
Other than applicable statutes of limitation in criminal cases,
OIG has no internal time limits. A complicated investigation may require a
substantial period of time to complete. A simple investigation may be open over
a long period of time, pending availability of resources.
Is a report of investigation issued?
If misconduct is not substantiated, a report of investigation is
usually not prepared. If there is evidence of misconduct, a formal report of
investigation is prepared and sent to the Department of Justice and/or appropriate
management officials.
Does OIG make recommendations to management about appropriate
disciplinary action?
No. OIG conducts the investigation and concludes whether a
violation has occurred but does not make any recommendations. NLRB management
reviews the OIG report of investigation, considers other information, and
decides what, if any, disciplinary action should be taken.
Are the subject and informant told what happens in an
investigation?
When appropriate, the OIG may inform the subject or informant of
the results of the investigation. Upon request, OIG will confirm that an
investigation has been closed. Privacy Act requirements generally restrict
discussing the results of an investigation with anyone other than the subject
and management officials with a need to know.
If you have questions about investigations that are not answered
here, or you want to report fraud, waste or abuse, please contact one of the
following OIG staff members.
Office of Inspector General
1099 14th Street, NW,
Room
9820
Washington, DC 20570
Telephone (202) 273-1960
Fax (202) 273-2344
The information presented here is merely advisory and does not
create any rights, privileges or benefits, either substantive or procedural,
enforceable in any administrative, civil or criminal matter; nor does it limit
any rights, privileges, or benefits that the Federal government may assert in
such matters.
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