Cite as: 527 U. S. 229 (1999)
Thomas, J., dissenting
II
The Authority's recognition that § 7114(a)(2)(B) protections are only triggered when an investigation is conducted by, or on behalf of, agency management, is important and hardly surprising. See, e. g., 50 F. L. R. A., at 614 ("section 7114(a)(2)(B) should not be so narrowly construed as to exclude management personnel employed in other subcomponents of the agency" (emphasis added)); Brief for Respondent FLRA 21 ("The Authority's conclusion that the word 'representative,' or phrase 'representative of the agency,' includes management personnel in other subcomponents of the 'agency' is entirely consistent with the language of the [Federal Service Labor-Management Relations Statute]" (emphasis added)). It is important because the Court seems to think it enough that NASA's OIG represent NASA in some broad and general sense. But as the Authority's own opinion makes clear, that is not enough—NASA's OIG must represent NASA's management to qualify as a "representative of the agency" within the meaning of § 7114(a)(2)(B). The Authority's position is hardly surprising in that the Federal Service Labor-Management Relations Statute (FSLMRS) plainly means just that.3 The FSLMRS governs labor-management relations in the federal sector. Section 7114(a)(2)(B) is captioned "[r]epresentation rights and duties," and every employee right contained therein flows from the collective-bargaining relationship.4 As petitioners note,
3 Although it is significant that the Authority recognized below and recognizes here that the statutory phrase "representative of the agency" refers to a representative of agency management, I do not, as the Court asserts, ante, at 245-246, n. 9, rest the argument on the premise that the point is conceded. Rather, in light of the context in which the phrase appears, and in light of the very subject matter of the statute, the phrase plainly has that meaning.
4 Section 7114(a)(1) details what "[a] labor organization which has been accorded exclusive recognition" is entitled to and must do; § 7114(a)(2) indicates when an exclusive representative may be present at discussions or examinations conducted by agency management; § 7114(a)(3) requires
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