If you need representation for an "investigatory" interview follow the directions on the "tip sheet." Once you have secured representation the information below will tell you how an investigative interview proceeds. To learn your legal rights, read the Wiengarten article.
AFSCME LOCAL 328
MEMBER INVESTIGATORY MEETING
Article 10.2 Investigatory Interviews Employer/Employee Meetings
ØThe Employer has the right to conduct "investigatory" interviews by asking questions of an employee which only the employee may answer.
ØThe employee has the right to request, and shall be granted, Union representation at investigatory interviews where the employee reasonably believes the interview might result in disciplinary action.
ØThe employee may utilize an individual other than a Union Representative for this purpose. However, the choice of representative shall not unduly delay the meeting.
ØThe Employer has the right to conduct investigatory interviews by asking questions of an employee to which only the employee may answer.
ØThe Employer has the right to initially hear the employee's own account of the matter under investigation.
ØThe Union has the right in the investigatory interview to clarify previous answers or to elicit further relevant information.
ØThe Employee does not have any protection against self-incrimination. S/he must answer the Employer's questions to the best of their ability.
The Union?s Role in the Investigatory Meeting
ØIt is not the Union's role to argue your case at an investigatory meeting. In fact that is prohibited. The Union can file a grievance and advocate for you if you are actually disciplined as a result of the investigatory interview. The Union?s role is:
Ø Moral Support
Ø Note Taker - documents case in the event of a future grievance if discipline is the outcome of the interview
ØCan call for a break if you or the supervisor is getting upset
ØClarifies questions and answers
Dos and Don'ts
ØDO answer the questions directly.
Ø DO answer the questions truthfully.
Ø DON'T make excuses, "like someone is just out to get me" or "it's not my fault," etc. If the Employer decides to discipline you, the Union can, after investigating, raise those issues as a defense as part of a grievance.
ØDO provide factual information if the Employer's information is incorrect.
ØDO try to stay calm.
ØDO ask for a break if you feel yourself getting angry or emotional or if you want your steward?s advice before sharing a piece of information.
ØThe Investigatory Steward will document the meeting in the Union's E-zone
ØThe member can access his/her case by going to the front page of the Local 328 Web site, hit the E-Zone button on the top menu bar; enter required personal information; click the "Member" button on the left and then click "Check on a case I filed earlier." You will see a list of grievances which you have filed. Investgative interviews do not show up on this menu.
ØIf the member is disciplined as a result of the investigatory meeting and wishes to seek advice or file a grievance, the member must access the E-Zone using the Local?s website address and enter a new case. If the member does not have internet access, s/he can request assistance by calling the Local 328 Know Zone at 971 271-7832 .