Bargaining Unit Member Rights. 1. When an employee is to be interviewed or questioned concerning a complaint or allegation of misconduct, the employee will be informed of, prior to the interview, the nature of the investigation and whether the employee is the subject of the investigation or a witness in the investigation. If the employee is the subject of investigation, the employee will also be informed of the specifics of each complaint or allegation against him/her. 2. The Highway Patrol will make reasonable efforts to conduct interviews during an employee’s regularly scheduled working hours. In any event, employees will be in on-duty paid status for the duration of all interviews. 3. Prior to an interview or questioning which might reasonably lead to disciplinary action, the employee shall be advised of his/her rights to Union representation and, if the employee so requests, the Union representative shall be provided before the interview and investigation proceeds. This right of representation shall apply except for unusual situations in which the interview or questioning must take place immediately. No interview or questioning will occur until the employee has a reasonable opportunity to secure such representation. The first available Union representative will serve as the employee’s representative. This right does not extend to performance evaluation interviews or meetings the purpose of which is solely to inform the employee of intended disciplinary action. The role of the Union representative at such interview or questioning will be to serve as the employee’s representative. Notwithstanding Ohio Revised Code (ORC) 9.84, employees who are interviewed or testify during an investigation have no right to a private attorney, unless authorized by the Union. 4. An employee who is to be interviewed, questioned, or tested concerning the employee’s performance or fitness for office shall be informed that the interview, questioning or test is part of an official investigation and that the employee is subject to disciplinary action, including dismissal, for failing to answer the questions. The employee will be advised that the answers may not be used against him/her in criminal proceedings. If, during the investigation, it is believed the member has knowledge of, or has participated in, any act which violates the criminal laws of the United States, the State of Ohio or any of its political subdivisions, the employee shall be advised of all constitutional and other legal rights applicable. 5. The interview shall be conducted in a professional manner, with questions posed by one investigator at a time. No threats or promises will be made to induce an answer to a question. Reasonable breaks for necessities will be permitted and questioning will not exceed fifty (50) minutes without a ten (10) minute break unless waived by the employee. If a tape recording or transcript of the interview or questioning is made, the party making such recording shall advise the other party of such recording or transcription prior to the start of the interview or questioning. A copy of the tape recording or transcript will be provided upon request of either party. 6. When a supervisor is either the complainant or a witness to the alleged events leading to an administrative investigation being opened, the supervisor shall not be the investigating officer. 7. In the event a bargaining unit member files any complaint involving a Lieutenant or higher rank, it shall not be investigated by a lesser ranking officer or any individual from the same District as the complainant. 8. If issues regarding disciplinary action taken as the result of random viewing of in-car camera video arise during the course of this Agreement, the Union shall request a meeting with the Ohio State Highway Patrol Standards Unit to discuss the issues.
Appears in 8 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Bargaining Unit Member Rights. 1. When an employee is to be interviewed or questioned concerning a complaint or allegation of misconduct, the employee will be informed of, prior to the interview, the nature of the investigation and whether the employee is the subject of the investigation or a witness in the investigation. If the employee is the subject of investigation, the employee will also be informed of the specifics of each complaint or allegation against him/her.
2. The Highway Patrol will make reasonable efforts to conduct interviews during an employee’s 's regularly scheduled working hours. In any event, employees will be in on-duty paid status for the duration of all interviews.
3. Prior to an interview or questioning which might reasonably lead to disciplinary action, the employee shall be advised of his/her rights to Union representation and, if the employee so requests, the Union representative shall be provided before the interview and investigation proceeds. This right of representation shall apply except for unusual situations in which the interview or questioning must take place immediately. No interview or questioning will occur until the employee has a reasonable opportunity to secure such representation. The first available Union representative will serve as the employee’s 's representative. This right does not extend to performance evaluation interviews or meetings the purpose of which is solely to inform the employee of intended disciplinary action. The role of the Union representative at such interview or questioning will be to serve as the employee’s 's representative. Notwithstanding Ohio Revised Code (ORC) 9.84, employees who are interviewed or testify during an investigation have no right to a private attorney, unless authorized by the Union.
4. An employee who is to be interviewed, questioned, or tested concerning the employee’s 's performance or fitness for office shall be informed that the interview, questioning or test is part of an official investigation and that the employee is subject to disciplinary action, including dismissal, for failing to answer the questions. The employee will be advised that the answers may not be used against him/her in criminal proceedings. If, during the investigation, it is believed the member has knowledge of, or has participated in, any act which violates the criminal laws of the United States, the State of Ohio or any of its political subdivisions, the employee shall be advised of all constitutional and other legal rights applicable.
5. The interview shall be conducted in a professional manner, with questions posed by one investigator at a time. No threats or promises will be made to induce an answer to a question. Reasonable breaks for necessities will be permitted and questioning will not exceed fifty (50) minutes without a ten (10) minute break unless waived by the employee. If a tape recording or transcript of the interview or questioning is made, the party making such recording shall advise the other party of such recording or transcription prior to the start of the interview or questioning. A copy of the tape recording or transcript will be provided upon request of either party.
6. When a supervisor is either the complainant or a witness to the alleged events leading to an administrative investigation being opened, the supervisor shall not be the investigating officer.
7. In the event a bargaining unit member files any complaint involving a Lieutenant or higher rank, it shall not be investigated by a lesser ranking officer or any individual from the same District as the complainant.
8. If issues regarding disciplinary action taken as the result of random viewing of in-car camera video arise during the course of this Agreement, the Union shall request a meeting with the Ohio State Highway Patrol Standards Unit to discuss the issues.
Appears in 6 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Bargaining Unit Member Rights. 1. When an employee is to be interviewed or questioned concerning a complaint or allegation of misconduct, the employee will shall be informed of, prior to the interview, the nature of the investigation and whether the employee is the subject of the investigation or a witness in the investigation. If Notice shall be provided to employees who are subjects of investigations and shall include:
a. A statement that the employee is the a subject of an administrative investigation, the employee will also be informed .
b. The nature of the specifics of each complaint or allegation against him/herof misconduct so that the employee knows the subject matter of the interview.
c. Information to the employee that the interview is part of an official administrative investigation and that failure to answer questions, completely and accurately, may lead to disciplinary action, including dismissal.
d. The time and location of the interview.
2. The Highway Patrol Employer will make reasonable efforts to conduct interviews during an employee’s 's regularly scheduled working hours. In any event, employees will be in on-duty paid status for the duration of all during interviews.
3. Prior to an interview or questioning which might reasonably lead to disciplinary action, the employee shall will, upon request, be advised given an opportunity to arrange to have a Fraternal Order of his/her rights to Union representation andPolice, if Ohio Labor Council representative present during the employee so requests, the Union representative shall be provided before the interview and investigation proceedsinterviewing or questioning. This right of representation shall apply except Except for unusual situations in which the interview or questioning must take place immediately. No , no interview or questioning will occur until the employee has a reasonable opportunity to secure such representation. The first available Union representative will serve as the employee’s representative. This right does not extend to performance evaluation interviews or meetings the purpose of which is solely to inform the employee of intended disciplinary action. The role of the Union Fraternal Order of Police, Ohio Labor Council representative at such interview or questioning will be to serve as the employee’s 's representative. Notwithstanding Ohio Revised Code (ORC) 9.84, employees who are interviewed or testify during an investigation have no right to a private attorney, unless authorized by the Union.
4. An employee who is to be interviewed, questioned, or tested a subject of an administrative investigation concerning the employee’s 's performance or fitness for office shall be informed that the interview, questioning or test is part of an official administrative investigation and that the employee is subject to disciplinary action, including dismissal, for failing to answer the questionsquestions accurately and completely to the best of his/her ability. The employee will be advised that the answers may not be used against him/her in criminal proceedings. If, during the investigation, it is believed the member has knowledge of, or has participated in, any act which violates the criminal laws of the United States, the State of Ohio or any of its political subdivisions, The administrative investigation waiver shall be provided to the employee shall be advised of all constitutional and other legal rights applicablesigned by the employee.
5. The interview shall be conducted in a professional manner, with questions posed by one investigator at a time. No threats or promises will be made to induce an answer to a question. Reasonable breaks for necessities will be permitted and questioning will not exceed fifty (50) minutes without a ten (10) minute break unless waived by the employee. If a tape recording or transcript of the interview or questioning is made, the party making such recording shall advise the other party of such recording or transcription prior to the start of the interview or questioning. A copy of the tape recording or transcript will be provided upon request of either party.
6. When a supervisor If at any time prior to or during the administrative investigation interview, it is either believed the complainant member has knowledge of, or has participated in, any act which violates the criminal laws of the United States, the State of Ohio, or any of its political subdivisions, and it is contemplated criminal charges may be pursued by the Department, an outside law enforcement agency, or a witness to the alleged events leading to prosecutor, separate administrative and criminal investigations shall be initiated. At no time will information from an administrative investigation being opened, interview held with the supervisor shall not member be provided to the investigating officercriminal investigation.
7. In If the event a bargaining unit criminal investigation is conducted by the Employer, the member files any complaint involving a Lieutenant or higher rank, it shall be advised of all constitutional and other legal rights applicable. Information gathered during the criminal investigation may be provided to the administrative investigators for use during subsequent disciplinary action. Employees shall not be investigated by disciplined for exercising their constitutional rights during a lesser ranking officer or any individual from the same District as the complainantcriminal investigation interview.
8. If At administrative investigation interviews, the Fraternal Order of Police, Ohio Labor Council representative may advise the employee on actions he/she should take, may ask the investigator to clarify questions, and may present the Fraternal Order of Police's position on the matter. At the investigative interview, the investigator need not reveal sources nor evidence. Sufficient grounds must be present prior to initiating an administrative investigation interview and the interview shall focus on the basic complaint or allegation prompting the interview or on related issues regarding disciplinary action taken as the result of random viewing of in-car camera video arise or on issues which deve lop during the course interview. The scope of this Agreement, the Union interview shall request a meeting with be reasonable and may be addressed during the Ohio State Highway Patrol Standards Unit to discuss the issuesdisciplinary grievance procedure.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Bargaining Unit Member Rights. 1. When an employee is to be interviewed or questioned concerning a complaint or allegation of misconduct, the employee will be informed of, prior to the interview, the nature of the investigation and whether the employee is the subject of the investigation or a witness in the investigation. If the employee is the subject of investigation, the employee will also be informed of the specifics of each complaint or allegation against him/her.
2. The Highway Patrol will make reasonable efforts to conduct interviews during an employee’s 's regularly scheduled working hours. In any event, employees will be in on-duty paid status for the duration of all interviews.
3. Prior to an interview or questioning which might reasonably lead to disciplinary action, the employee shall be advised of his/her rights right to Union union representation and, and if the employee so requests, the Union union representative shall be provided before the interview and investigation proceedsproceed. This right of representation shall apply except for unusual situations in which the interview or questioning must take place immediately. No interview or questioning will occur until the employee has a reasonable opportunity to secure such representation. The first available Union Ohio Labor Council representative will serve as the employee’s 's representative. This right does not extend to performance evaluation interviews or meetings the purpose of which is solely to inform the employee of intended disciplinary action. The role of the Union Labor Council representative at such interview or questioning will be to serve as the employee’s 's representative. Notwithstanding Ohio Revised Code (ORC) 9.84, employees who are interviewed or testify during an investigation have no right to a private attorney, unless authorized by the Union.
4. An employee who is to be interviewed, questioned, or tested concerning the employee’s 's performance or fitness for office shall be informed that the interview, questioning or test is part of an official investigation and that the employee is subject to disciplinary action, including dismissal, for failing to answer the questions. The employee will be advised that the answers may not be used against him/her in criminal proceedings. If, during the investigation, it is believed the member has knowledge of, or has participated in, any act which violates the criminal laws of the United States, the State of Ohio or any of its political subdivisions, the employee shall be advised of all constitutional and other legal rights applicable.
5. The interview shall be conducted in a professional manner, with questions posed by one investigator at a time. No threats or promises will be made to induce an answer to a question. Reasonable breaks for necessities will be permitted and questioning will not exceed fifty (50) minutes without a ten (10) minute break unless waived by the employee. If a tape recording or transcript of the interview or questioning is made, the party making such recording shall advise the other party of such recording or transcription prior to the start of the interview or questioning. A copy of the tape recording or transcript will be provided upon request of either party.
6. When a supervisor is either the complainant or a witness to the alleged events leading to an administrative investigation being opened, the supervisor shall not be the investigating officer.
7. In the event a bargaining unit member files any complaint involving a Lieutenant or higher rank, it shall not be investigated by a lesser ranking officer or any individual from the same District as the complainant.
8. If issues regarding disciplinary action taken as the result of random viewing of in-car camera video arise during the course of this Agreement, the Union shall request a meeting with the Ohio State Highway Patrol Standards Unit to discuss the issues.ten
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Bargaining Unit Member Rights. 1. When an employee is to be interviewed or questioned concerning a complaint or allegation of misconduct, the employee will be informed of, prior to the interview, the nature of the investigation and whether the employee is the subject of the investigation or a witness in the investigation. If the employee is the subject of investigation, the employee will also be informed of the specifics of each complaint or allegation against him/her.
2. The Highway Patrol will make reasonable efforts to conduct interviews during an employee’s regularly scheduled working hours. In any event, employees will be in on-duty paid status for the duration of all interviews.
3. Prior to an interview or questioning which might reasonably lead to disciplinary action, the employee shall be advised of his/her rights to Union representation and, if the employee so requests, the Union representative shall be provided before the interview and investigation proceeds. This right of representation shall apply except for unusual situations in which the interview or questioning must take place immediately. No interview or questioning will occur until the employee has a reasonable opportunity to secure such representation. The first available Union representative will serve as the employee’s representative. This right does not extend to performance evaluation interviews or meetings the purpose of which is solely to inform the employee of intended disciplinary action. The role of the Union representative at such interview or questioning will be to serve as the employee’s representative. Notwithstanding Ohio Revised Code (ORC) 9.84, employees who are interviewed or testify during an investigation have no right to a private attorney, unless authorized by the Union.
4. An employee who is to be interviewed, questioned, or tested concerning the employee’s performance or fitness for office shall be informed that the interview, questioning or test is part of an official investigation and that the employee is subject to disciplinary action, including dismissal, for failing to answer the questions. The employee will be advised that the answers may not be used against him/her in criminal proceedings. If, during the investigation, it is believed the member has knowledge of, or has participated in, any act which violates the criminal laws of the United States, the State of Ohio or any of its political subdivisions, the employee shall be advised of all constitutional and other legal rights applicable.
5. The interview shall be conducted in a professional manner, with questions posed by one investigator at a time. No threats or promises will be made to induce an answer to a question. Reasonable breaks for necessities will be permitted and questioning will not exceed fifty (50) minutes without a ten (10) minute break unless waived by the employee. If a tape recording or transcript of the interview or questioning is made, the party making such recording shall advise the other party of such recording or transcription prior to the start of the interview or questioning. A copy of the tape recording or transcript will be provided upon request of either party.
6. When a supervisor is either the complainant or a witness to the alleged events leading to an administrative investigation being opened, the supervisor shall not be the investigating officer.
7. In the event a bargaining unit member files any complaint involving a Lieutenant or higher rank, it shall not be investigated by a lesser ranking officer or any individual from the same District as the complainant.
8. If issues regarding disciplinary action taken as the result of random viewing of in-car camera video arise during the course of this Agreement, the Union shall request a meeting with the Ohio State Highway Patrol Standards Unit to discuss the issues.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Bargaining Unit Member Rights. 1. When an employee is to be interviewed or questioned concerning a complaint or allegation of misconduct, the employee will be informed of, prior to the interview, the nature of the investigation and whether the employee is the subject of the investigation or a witness in the investigation. If the employee is the subject of investigation, the employee will also be informed of the specifics of each complaint or allegation against him/her.
2. The Highway Patrol will make reasonable efforts to conduct interviews during an employee’s regularly scheduled working hours. In any event, employees will be in on-on- duty paid status for the duration of all interviews.
3. Prior to an interview or questioning which might reasonably lead to disciplinary action, the employee shall be advised of his/her rights to Union representation and, if the employee so requests, the Union representative shall be provided before the interview and investigation proceeds. This right of representation shall apply except for unusual situations in which the interview or questioning must take place immediately. No interview or questioning will occur until the employee has a reasonable opportunity to secure such representation. The first available Union representative will serve as the employee’s representative. This right does not extend to performance evaluation interviews or meetings the purpose of which is solely to inform the employee of intended disciplinary action. The role of the Union representative at such interview or questioning will be to serve as the employee’s representative. Notwithstanding Ohio Revised Code (ORC) 9.84, employees who are interviewed or testify during an investigation have no right to a private attorney, unless authorized by the Union.
4. An employee who is to be interviewed, questioned, or tested concerning the employee’s performance or fitness for office shall be informed that the interview, questioning or test is part of an official investigation and that the employee is subject to disciplinary action, including dismissal, for failing to answer the questions. The employee will be advised that the answers may not be used against him/her in criminal proceedings. If, during the investigation, it is believed the member has knowledge of, or has participated in, any act which violates the criminal laws of the United States, the State of Ohio or any of its political subdivisions, the employee shall be advised of all constitutional and other legal rights applicable.
5. The interview shall be conducted in a professional manner, with questions posed by one investigator at a time. No threats or promises will be made to induce an answer to a question. Reasonable breaks for necessities will be permitted and questioning will not exceed fifty (50) minutes without a ten (10) minute break unless waived by the employee. If a tape recording or transcript of the interview or questioning is made, the party making such recording shall advise the other party of such recording or transcription prior to the start of the interview or questioning. A copy of the tape recording or transcript will be provided upon request of either party.
6. When a supervisor is either the complainant or a witness to the alleged events leading to an administrative investigation being opened, the supervisor shall not be the investigating officer.
7. In the event a bargaining unit member files any complaint involving a Lieutenant or higher rank, it shall not be investigated by a lesser ranking officer or any individual from the same District as the complainant.
8. If issues regarding disciplinary action taken as the result of random viewing of in-car camera video arise during the course of this Agreement, the Union shall request a meeting with the Ohio State Highway Patrol Standards Unit to discuss the issues.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Bargaining Unit Member Rights. 1. When an employee is to be interviewed or questioned concerning a complaint or allegation of misconduct, the employee will be informed of, prior to the interview, the nature of the investigation and whether the employee is the subject of the investigation or a witness in the investigation. If the employee is the subject of investigation, the employee will also be informed of the specifics of each complaint or allegation against him/her.
2. The Highway Patrol will make reasonable efforts to conduct interviews during an employee’s 's regularly scheduled working hours. In any event, employees will be in on-duty paid status for the duration of all interviews.
3. Prior to an interview or questioning which might reasonably lead to disciplinary action, the employee shall be advised of his/her rights to Union representation and, if the employee so requests, the Union representative shall be provided before the interview and investigation proceeds. This right of representation shall apply except for unusual situations in which the interview or questioning must take place immediately. No interview or questioning will occur until the employee has a reasonable opportunity to secure such representation. The first available Union representative will serve as the employee’s 's representative. This right does not extend to performance evaluation interviews or meetings the purpose of which is solely to inform the employee of intended disciplinary action. The role of the Union representative at such interview or questioning will be to serve as the employee’s 's representative. Notwithstanding Ohio Revised Code (ORC) 9.84, employees who are interviewed or testify during an investigation have no right to a private attorney, unless authorized by the Union.
4. An employee who is Explanation: Employees have no right to be interviewedprivate counsel, questionedin addition to their Union representative, either as a witness or tested concerning the employee’s performance or fitness for office shall be informed that the interview, questioning or test is part of an official investigation and that the employee is subject to disciplinary action, including dismissal, for failing to answer the questions. The employee will be advised that the answers may not be used against him/her in criminal proceedings. Ifa subject, during the investigation, it is believed the member has knowledge of, or has participated in, any act which violates the criminal laws of the United States, the State of Ohio or any of its political subdivisions, the employee shall be advised of all constitutional and other legal rights applicablean investigatory interview.
5. The interview shall be conducted in a professional manner, with questions posed by one investigator at a time. No threats or promises will be made to induce an answer to a question. Reasonable breaks for necessities will be permitted and questioning will not exceed fifty (50) minutes without a ten (10) minute break unless waived by the employee. If a tape recording or transcript of the interview or questioning is made, the party making such recording shall advise the other party of such recording or transcription prior to the start of the interview or questioning. A copy of the tape recording or transcript will be provided upon request of either party.
6. When a supervisor is either the complainant or a witness to the alleged events leading to an administrative investigation being opened, the supervisor shall not be the investigating officer.
7. In the event a bargaining unit member files any complaint involving a Lieutenant or higher rank, it shall not be investigated by a lesser ranking officer or any individual from the same District as the complainant.
8. If issues regarding disciplinary action taken as the result of random viewing of in-car camera video arise during the course of this Agreement, the Union shall request a meeting with the Ohio State Highway Patrol Standards Unit to discuss the issues.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Bargaining Unit Member Rights. 1. When an employee is to be interviewed or questioned concerning a complaint or allegation of misconduct, the employee will be informed of, prior to the interview, the nature of the investigation and whether the employee is the subject of the investigation or a witness in the investigation. If the employee is the subject of investigation, the employee will also be informed of the specifics of each complaint or allegation against him/her.
2. The Highway Patrol will make reasonable efforts to conduct interviews during an employee’s 's regularly scheduled working hours. In any event, employees will be in on-duty paid status for the duration of all interviews.
3. Prior to an interview or questioning which might reasonably lead to disciplinary action, the employee shall be advised of his/her rights to Union representation and, if the employee so requests, the Union representative shall be provided before the interview and investigation proceeds. This right of representation shall apply except for unusual situations in which the interview or questioning must take place immediately. No interview or questioning will occur until the employee has a reasonable opportunity to secure such representation. The first available Union representative will serve as the employee’s 's representative. This right does not extend to performance evaluation interviews or meetings the purpose of which is solely to inform the employee of intended disciplinary action. The role of the Union representative at such interview or questioning will be to serve as the employee’s 's representative. Notwithstanding Ohio Revised Code (ORC) 9.84, employees who are interviewed or testify during an investigation have no right to a private attorney, unless authorized by the Union.
4. An employee who is to be interviewed, questioned, or tested concerning the employee’s 's performance or fitness for office shall be informed that the interview, questioning or test is part of an official investigation and that the employee is subject to disciplinary action, including dismissal, for failing to answer the questions. The employee will be advised that the answers may not be used against him/her in criminal proceedings. If, during the investigation, it is believed the member has knowledge of, or has participated in, any act which violates the criminal laws of the United States, the State of Ohio or any of its political subdivisions, the employee shall be advised of all constitutional and other legal rights applicable.
5. The interview shall be conducted in a professional manner, with questions posed by one investigator at a time. No threats or promises will be made to induce an answer to a question. Reasonable breaks for necessities will be permitted and questioning will not exceed fifty (50) minutes without a ten (10) minute break unless waived by the employee. If a tape recording or transcript of the interview or questioning is made, the party making such recording shall advise the other party of such recording or transcription prior to the start of the interview or questioning. A copy of the tape recording or transcript will be provided upon request of either party.
6. When a supervisor is either the complainant or a witness to the alleged events leading to an administrative investigation being opened, the supervisor shall not be the investigating officer.
7. In the event a bargaining unit member files any complaint involving a Lieutenant or higher rank, it shall not be investigated by a lesser ranking officer or any individual from the same District as the complainant.
8. If issues regarding disciplinary action taken as the result of random viewing of in-car camera video arise during the course of this Agreement, the Union shall request a meeting with the Ohio State Highway Patrol Standards Unit to discuss the issues.ten
Appears in 1 contract
Samples: Collective Bargaining Agreement
Bargaining Unit Member Rights. 1. When an employee is to be interviewed or questioned concerning a complaint or allegation of misconduct, the employee will be informed of, prior to the interview, the nature of the investigation and whether the employee is the subject of the investigation or a witness in the investigation. If the employee is the subject of investigation, the employee will also be informed of the specifics of each complaint or allegation against him/her.
2. The Highway Patrol will make reasonable efforts to conduct interviews during an employee’s 's regularly scheduled working hours. In any event, employees will be in on-duty paid status for the duration of all interviews.
3. Prior to an interview or questioning which might reasonably lead to disciplinary action, the employee shall be advised of his/her rights to Union representation and, if the employee so requests, the Union representative shall be provided before the interview and investigation proceeds. This right of representation shall apply except for unusual situations in which the interview or questioning must take place immediately. No interview or questioning will occur until the employee has a reasonable opportunity to secure such representation. The first available Union representative will serve as the employee’s 's representative. This right does not extend to performance evaluation interviews or meetings the purpose of which is solely to inform the employee of intended disciplinary action. The role of the Union representative at such interview or questioning will be to serve as the employee’s 's representative. Notwithstanding Ohio Revised Code (ORC) 9.84, employees who are interviewed or testify during an investigation have no right to a private attorney, unless authorized by the Union.
4. An employee who is to be interviewed, questioned, or tested concerning the employee’s 's performance or fitness for office shall be informed that the interview, questioning or test is part of an official investigation and that the employee is subject to disciplinary action, including dismissal, for failing to answer the questions. The employee will be advised that the answers may not be used against him/her in criminal proceedings. If, during the investigation, it is believed the member has knowledge of, or has participated in, any act which violates the criminal laws of the United States, the State of Ohio or any of its political subdivisions, the employee shall be advised of all constitutional and other legal rights applicable.
5. The interview shall be conducted in a professional manner, with questions posed by one investigator at a time. No threats or promises will be made to induce an answer to a question. Reasonable breaks for necessities will be permitted and questioning will not exceed fifty (50) minutes without a ten (10) minute break unless waived by the employee. If a tape recording or transcript of the interview or questioning is made, the party making such recording shall advise the other party of such recording or transcription prior to the start of the interview or questioning. A copy of the tape recording or transcript will be provided upon request of either party.
6. When a supervisor is either the complainant or a witness to the alleged events leading to an administrative investigation being opened, the supervisor shall not be the investigating officer.
7. In the event a bargaining unit member files any complaint involving a Lieutenant or higher rank, it shall not be investigated by a lesser ranking officer or any individual from the same District as the complainant.
8. If issues regarding disciplinary action taken as the result of random viewing of in-car camera video arise during the course of this Agreement, the Union shall request a meeting with the Ohio State Highway Patrol Standards Unit to discuss the issues.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Bargaining Unit Member Rights. 1. When an employee is to be interviewed or questioned concerning a complaint or allegation of misconduct, the employee will shall be informed of, prior to the interview, the nature of the investigation and whether the employee is the subject of the investigation or a witness in the investigation. If Notice shall be provided to employees who are subjects of investigations and shall include:
a. A statement that the employee is the a subject of an administrative investigation, the employee will also be informed .
b. The nature of the specifics of each complaint or allegation against him/herof misconduct so that the employee knows the subject matter of the interview.
c. Information to the employee that the interview is part of an official administrative investigation and that failure to answer questions, completely and accurately, may lead to disciplinary action, including dismissal.
d. The time and location of the interview.
2. The Highway Patrol Employer will make reasonable efforts to conduct interviews during an employee’s employee‟s regularly scheduled working hours. In any event, employees will be in on-on- duty paid status for the duration of all during interviews.
3. Prior to an interview or questioning which might reasonably lead to disciplinary action, the employee shall will, upon request, be advised given an opportunity to arrange to have a Fraternal Order of his/her rights to Union representation andPolice, if Ohio Labor Council representative present during the employee so requests, the Union representative shall be provided before the interview and investigation proceedsinterviewing or questioning. This right of representation shall apply except Except for unusual situations in which the interview or questioning must take place immediately. No , no interview or questioning will occur until the employee has a reasonable opportunity to secure such representation. The first available Union representative will serve as the employee’s representative. This right does not extend to performance evaluation interviews or meetings the purpose of which is solely to inform the employee of intended disciplinary action. The role of the Union Fraternal Order of Police, Ohio Labor Council representative at such interview or questioning will be to serve as the employee’s employee‟s representative. Notwithstanding Ohio Revised Code (ORC) 9.84, employees who are interviewed or testify during an investigation have no right to a private attorney, unless authorized by the UnionFOP/OLC Legal Division.
4. An employee who is to be interviewed, questioned, or tested a subject of an administrative investigation concerning the employee’s employee‟s performance or fitness for office shall be informed that the interview, questioning or test is part of an official administrative investigation and that the employee is subject to disciplinary action, including dismissal, for failing to answer the questionsquestions accurately and completely to the best of his/her ability. The employee will be advised that the answers may not be used against him/her in criminal proceedings. If, during the investigation, it is believed the member has knowledge of, or has participated in, any act which violates the criminal laws of the United States, the State of Ohio or any of its political subdivisions, The administrative investigation waiver shall be provided to the employee shall be advised of all constitutional and other legal rights applicablesigned by the employee.
5. The interview shall be conducted in a professional manner, with questions posed by one investigator at a time. No threats or promises will be made to induce an answer to a question. Reasonable breaks for necessities will be permitted and questioning will not exceed fifty (50) minutes without a ten (10) minute break unless waived by the employee. If a tape recording or transcript of the interview or questioning is made, the party making such recording shall advise the other party of such recording or transcription prior to the start of the interview or questioning. A copy of the tape recording or transcript will be provided upon request of either party.
6. When a supervisor If at any time prior to or during the administrative investigation interview, it is either believed the complainant member has knowledge of, or has participated in, any act which violates the criminal laws of the United States, the State of Ohio, or any of its political subdivisions, and it is contemplated criminal charges may be pursued by the Department, an outside law enforcement agency, or a witness to the alleged events leading to prosecutor, separate administrative and criminal investigations shall be initiated. At no time will information from an administrative investigation being opened, interview held with the supervisor shall not member be provided to the investigating officercriminal investigation.
7. In If the event a bargaining unit criminal investigation is conducted by the Employer, the member files any complaint involving a Lieutenant or higher rank, it shall be advised of all constitutional and other legal rights applicable. Information gathered during the criminal investigation may be provided to the administrative investigators for use during subsequent disciplinary action. Employees shall not be investigated by disciplined for exercising their constitutional rights during a lesser ranking officer or any individual from the same District as the complainantcriminal investigation interview.
8. If At administrative investigation interviews, the Fraternal Order of Police, Ohio Labor Council representative may advise the employee on actions he/she should take, may ask the investigator to clarify questions, and may present the Fraternal Order of Police‟s position on the matter. At the investigative interview, the investigator need not reveal sources nor evidence. Sufficient grounds must be present prior to initiating an administrative investigation interview and the interview shall focus on the basic complaint or allegation prompting the interview or on related issues regarding disciplinary action taken as the result of random viewing of in-car camera video arise or on issues which develop during the course interview. The scope of this Agreementthe interview shall be reasonable and may be addressed during the disciplinary grievance procedure.
9. Where the affected employee is on disability, or applying for disability, and is unable or unwilling to attend the administrative investigation interview, he/she shall be offered the right to participate by telephone. The call shall be initiated via speakerphone in the presence of an FOP/OLC representative and Employer representative or designee. Failure of the employee to respond to the offer or phone call shall result in the employee‟s disability leave benefits being held in abeyance in accordance with Article 43.01(H), unless otherwise mutually agreed between the Labor Council and the Office of Collective Bargaining.
10. Upon an employee or the Union‟s inquiry to the Agency‟s Labor Relations or Human Resources Department and provided there are no extenuating circumstances, the Employer will inform the employee or the Union shall request within ten (10) working days of the specific status of an investigation of which the employee is a meeting with the Ohio State Highway Patrol Standards Unit to discuss the issuessubject.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Bargaining Unit Member Rights. 1. When an employee is to be interviewed or questioned concerning a complaint or allegation of misconduct, the employee will shall be informed of, prior to the interview, the nature of the investigation and whether the employee is the subject of the investigation or a witness in the investigation. If Notice shall be provided to employees who are subjects of investigations and shall include:
a. A statement that the employee is the a subject of an administrative investigation, the employee will also be informed .
b. The nature of the specifics of each complaint or allegation against him/herof misconduct so that the employee knows the subject matter of the interview.
c. Information to the employee that the interview is part of an official administrative investigation and that failure to answer questions, completely and accurately, may lead to disciplinary action, including dismissal.
d. The time and location of the interview.
2. The Highway Patrol Employer will make reasonable efforts to conduct interviews during an employee’s regularly scheduled working hours. In any event, employees will be in on-on- duty paid status for the duration of all during interviews.
3. Prior to an interview or questioning which might reasonably lead to disciplinary action, the employee shall will, upon request, be advised given an opportunity to arrange to have a Fraternal Order of his/her rights to Union representation andPolice, if Ohio Labor Council representative present during the employee so requests, the Union representative shall be provided before the interview and investigation proceedsinterviewing or questioning. This right of representation shall apply except Except for unusual situations in which the interview or questioning must take place immediately. No , no interview or questioning will occur until the employee has a reasonable opportunity to secure such representation. The first available Union representative will serve as the employee’s representative. This right does not extend to performance evaluation interviews or meetings the purpose of which is solely to inform the employee of intended disciplinary action. The role of the Union Fraternal Order of Police, Ohio Labor Council representative at such interview or questioning will be to serve as the employee’s representative. Notwithstanding Ohio Revised Code (ORC) 9.84, employees who are interviewed or testify during an investigation have no right to a private attorney, unless authorized by the UnionFOP/OLC Legal Division.
4. An employee who is to be interviewed, questioned, or tested a subject of an administrative investigation concerning the employee’s performance or fitness for office shall be informed that the interview, questioning or test is part of an official administrative investigation and that the employee is subject to disciplinary action, including dismissal, for failing to answer the questionsquestions accurately and completely to the best of his/her ability. The employee will be advised that the answers may not be used against him/her in criminal proceedings. If, during the investigation, it is believed the member has knowledge of, or has participated in, any act which violates the criminal laws of the United States, the State of Ohio or any of its political subdivisions, The administrative investigation waiver shall be provided to the employee shall be advised of all constitutional and other legal rights applicablesigned by the employee.
5. The interview shall be conducted in a professional manner, with questions posed by one investigator at a time. No threats or promises will be made to induce an answer to a question. Reasonable breaks for necessities will be permitted and questioning will not exceed fifty (50) minutes without a ten (10) minute break unless waived by the employee. If a tape recording or transcript of the interview or questioning is made, the party making such recording shall advise the other party of such recording or transcription prior to the start of the interview or questioning. A copy of the tape recording or transcript will be provided upon request of either party.
6. When a supervisor is either the complainant or a witness to the alleged events leading to an administrative investigation being opened, the supervisor shall not be the investigating officer.
7. In the event a bargaining unit member files any complaint involving a Lieutenant or higher rank, it shall not be investigated by a lesser ranking officer or any individual from the same District as the complainant.
8. If issues regarding disciplinary action taken as the result of random viewing of in-car camera video arise during the course of this Agreement, the Union shall request a meeting with the Ohio State Highway Patrol Standards Unit to discuss the issues.fifty
Appears in 1 contract
Samples: Collective Bargaining Agreement
Bargaining Unit Member Rights. 1. When an employee is to be interviewed or questioned concerning a complaint or allegation of misconduct, the employee will shall be informed of, prior to the interview, the nature of the investigation and whether the employee is the subject of the investigation or a witness in the investigation. If Notice shall be provided to employees who are subjects of investigations and shall include:
a. A statement that the employee is the a subject of an administrative investigation, the employee will also be informed .
b. The nature of the specifics of each complaint or allegation against him/herof misconduct so that the employee knows the subject matter of the interview.
c. Information to the employee that the interview is part of an official administrative investigation and that failure to answer questions, completely and accurately, may lead to disciplinary action, including dismissal.
d. The time and location of the interview.
2. The Highway Patrol Employer will make reasonable efforts to conduct interviews during an employee’s 's regularly scheduled working hours. In any event, employees will be in on-duty paid status for the duration of all during interviews.
3. Prior to an interview or questioning which might reasonably lead to disciplinary action, the employee shall will, upon request, be advised given an opportunity to arrange to have a Fraternal Order of his/her rights to Union representation andPolice, if Ohio Labor Council representative present during the employee so requests, the Union representative shall be provided before the interview and investigation proceedsinterviewing or questioning. This right of representation shall apply except Except for unusual situations in which the interview or questioning must take place immediately. No , no interview or questioning will occur until the employee has a reasonable opportunity to secure such representation. The first available Union representative will serve as the employee’s representative. This right does not extend to performance evaluation interviews or meetings the purpose of which is solely to inform the employee of intended disciplinary action. The role of the Union Fraternal Order of Police, Ohio Labor Council representative at such interview or questioning will be to serve as the employee’s 's representative. Notwithstanding Ohio Revised Code (ORC) 9.84, employees who are interviewed or testify during an investigation have no right to a private attorney, unless authorized by the Union.
4. An employee who is to be interviewed, questioned, or tested a subject of an administrative investigation concerning the employee’s 's performance or fitness for office shall be informed that the interview, questioning or test is part of an official administrative investigation and that the employee is subject to disciplinary action, including dismissal, for failing to answer the questionsquestions accurately and completely to the best of his/her ability. The employee will be advised that the answers may not be used against him/her in criminal proceedings. If, during the investigation, it is believed the member has knowledge of, or has participated in, any act which violates the criminal laws of the United States, the State of Ohio or any of its political subdivisions, The administrative investigation waiver shall be provided to the employee shall be advised of all constitutional and other legal rights applicablesigned by the employee.
5. The interview shall be conducted in a professional manner, with questions posed by one investigator at a time. No threats or promises will be made to induce an answer to a question. Reasonable breaks for necessities will be permitted and questioning will not exceed fifty (50) minutes without a ten (10) minute break unless waived by the employee. If a tape recording or transcript of the interview or questioning is made, the party making such recording shall advise the other party of such recording or transcription prior to the start of the interview or questioning. A copy of the tape recording or transcript will be provided upon request of either party.
6. When a supervisor If at any time prior to or during the administrative investigation interview, it is either believed the complainant member has knowledge of, or has participated in, any act which violates the criminal laws of the United States, the State of Ohio, or any of its political subdivisions, and it is contemplated criminal charges may be pursued by the Department, an outside law enforcement agency, or a witness to the alleged events leading to prosecutor, separate administrative and criminal investigations shall be initiated. At no time will information from an administrative investigation being opened, interview held with the supervisor shall not member be provided to the investigating officercriminal investigation.
7. In If the event a bargaining unit criminal investigation is conducted by the Employer, the member files any complaint involving a Lieutenant or higher rank, it shall be advised of all constitutional and other legal rights applicable. Information gathered during the criminal investigation may be provided to the administrative investigators for use during subsequent disciplinary action. Employees shall not be investigated by disciplined for exercising their constitutional rights during a lesser ranking officer or any individual from the same District as the complainantcriminal investigation interview.
8. If At administrative investigation interviews, the Fraternal Order of Police, Ohio Labor Council representative may advise the employee on actions he/she should take, may ask the investigator to clarify questions, and may present the Fraternal Order of Police's position on the matter. At the investigative interview, the investigator need not reveal sources nor evidence. Sufficient grounds must be present prior to initiating an administrative investigation interview and the interview shall focus on the basic complaint or allegation prompting the interview or on related issues regarding disciplinary action taken as the result of random viewing of in-car camera video arise or on issues which develop during the course interview. The scope of this Agreement, the Union interview shall request a meeting with be reasonable and may be addressed during the Ohio State Highway Patrol Standards Unit to discuss the issuesdisciplinary grievance procedure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Bargaining Unit Member Rights. 1. When an employee is to be interviewed or questioned concerning a complaint or allegation of misconduct, the employee will be informed of, prior to the interview, the nature of the investigation and whether the employee is the subject of the investigation or a witness in the investigation. If the employee is the subject of investigation, the employee will also be informed of the specifics of each complaint or allegation against him/her.
2. The Highway Patrol will make reasonable efforts to conduct interviews during an employee’s employee‟s regularly scheduled working hours. In any event, employees will be in on-duty paid status for the duration of all interviews.
3. Prior to an interview or questioning which might reasonably lead to disciplinary action, the employee shall be advised of his/her rights to Union representation and, if the employee so requests, the Union representative shall be provided before the interview and investigation proceeds. This right of representation shall apply except for unusual situations in which the interview or questioning must take place immediately. No interview or questioning will occur until the employee has a reasonable opportunity to secure such representation. The first available Union representative will serve as the employee’s employee‟s representative. This right does not extend to performance evaluation interviews or meetings the purpose of which is solely to inform the employee of intended disciplinary action. The role of the Union representative at such interview or questioning will be to serve as the employee’s employee‟s representative. Notwithstanding Ohio Revised Code (ORC) 9.84, employees who are interviewed or testify during an investigation have no right to a private attorney, unless authorized by the Union.
4. An employee who is to be interviewed, questioned, or tested concerning the employee’s employee‟s performance or fitness for office shall be informed that the interview, questioning or test is part of an official investigation and that the employee is subject to disciplinary action, including dismissal, for failing to answer the questions. The employee will be advised that the answers may not be used against him/her in criminal proceedings. If, during the investigation, it is believed the member has knowledge of, or has participated in, any act which violates the criminal laws of the United States, the State of Ohio or any of its political subdivisions, the employee shall be advised of all constitutional and other legal rights applicable.
5. The interview shall be conducted in a professional manner, with questions posed by one investigator at a time. No threats or promises will be made to induce an answer to a question. Reasonable breaks for necessities will be permitted and questioning will not exceed fifty (50) minutes without a ten (10) minute break unless waived by the employee. If a tape recording or transcript of the interview or questioning is made, the party making such recording shall advise the other party of such recording or transcription prior to the start of the interview or questioning. A copy of the tape recording or transcript will be provided upon request of either party.
6. When a supervisor is either the complainant or a witness to the alleged events leading to an administrative investigation being opened, the supervisor shall not be the investigating officer.
7. In the event a bargaining unit member files any complaint involving a Lieutenant or higher rank, it shall not be investigated by a lesser ranking officer or any individual from the same District as the complainant.
8. If issues regarding disciplinary action taken as the result of random viewing of in-car camera video arise during the course of this Agreement, the Union shall request a meeting with the Ohio State Highway Patrol Standards Unit to discuss the issues.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Bargaining Unit Member Rights. 1. When an employee is to be interviewed or questioned concerning a complaint or allegation of misconduct, the employee will shall be informed of, prior to the interview, the nature of the investigation and whether the employee is the subject of the investigation or a witness in the investigation. If Notice shall be provided to employees who are subjects of investigations and shall include:
a. A statement that the employee is the a subject of an administrative investigation, the employee will also be informed .
b. The nature of the specifics of each complaint or allegation against him/herof misconduct so that the employee knows the subject matter of the interview.
c. Information to the employee that the interview is part of an official administrative investigation and that failure to answer questions, completely and accurately, may lead to disciplinary action, including dismissal.
d. The time and location of the interview.
2. The Highway Patrol Employer will make reasonable efforts to conduct interviews during an employee’s regularly scheduled working hours. In any event, employees will be in on-duty paid status for the duration of all during interviews.
3. Prior to an interview or questioning which might reasonably lead to disciplinary action, the employee shall will, upon request, be advised given an opportunity to arrange to have a Fraternal Order of his/her rights to Union representation andPolice, if Ohio Labor Council representative present during the employee so requests, the Union representative shall be provided before the interview and investigation proceedsinterviewing or questioning. This right of representation shall apply except Except for unusual situations in which the interview or questioning must take place immediately. No , no interview or questioning will occur until the employee has a reasonable opportunity to secure such representation. The first available Union representative will serve as the employee’s representative. This right does not extend to performance evaluation interviews or meetings the purpose of which is solely to inform the employee of intended disciplinary action. The role of the Union Fraternal Order of Police, Ohio Labor Council representative at such interview or questioning will be to serve as the employee’s representative. Notwithstanding Ohio Revised Code (ORC) 9.84, employees who are interviewed or testify during an investigation have no right to a private attorney, unless authorized by the UnionFOP/OLC Legal Division.
4. An employee who is to be interviewed, questioned, or tested a subject of an administrative investigation concerning the employee’s performance or fitness for office shall be informed that the interview, questioning or test is part of an official administrative investigation and that the employee is subject to disciplinary action, including dismissal, for failing to answer the questionsquestions accurately and completely to the best of his/her ability. The employee will be advised that the answers may not be used against him/her in criminal proceedings. If, during the investigation, it is believed the member has knowledge of, or has participated in, any act which violates the criminal laws of the United States, the State of Ohio or any of its political subdivisions, The administrative investigation waiver shall be provided to the employee shall be advised of all constitutional and other legal rights applicablesigned by the employee.
5. The interview shall be conducted in a professional manner, with questions posed by one investigator at a time. No threats or promises will be made to induce an answer to a question. Reasonable breaks for necessities will be permitted and questioning will not exceed fifty (50) minutes without a ten (10) minute break unless waived by the employee. If a tape recording or transcript of the interview or questioning is made, the party making such recording shall advise the other party of such recording or transcription prior to the start of the interview or questioning. A copy of the tape recording or transcript will be provided upon request of either party.
6. When a supervisor If at any time prior to or during the administrative investigation interview, it is either believed the complainant member has knowledge of, or has participated in, any act which violates the criminal laws of the United States, the State of Ohio, or any of its political subdivisions, and it is contemplated criminal charges may be pursued by the Department, an outside law enforcement agency, or a witness to the alleged events leading to prosecutor, separate administrative and criminal investigations shall be initiated. At no time will information from an administrative investigation being opened, interview held with the supervisor shall not member be provided to the investigating officercriminal investigation.
7. In If the event a bargaining unit criminal investigation is conducted by the Employer, the member files any complaint involving a Lieutenant or higher rank, it shall be advised of all constitutional and other legal rights applicable. Information gathered during the criminal investigation may be provided to the administrative investigators for use during subsequent disciplinary action. Employees shall not be investigated by disciplined for exercising their constitutional rights during a lesser ranking officer or any individual from the same District as the complainantcriminal investigation interview.
8. If issues regarding disciplinary action taken as At administrative investigation interviews, the result Fraternal Order of random viewing Police, Ohio Labor Council representative may advise the employee on actions he/she should take, may ask the investigator to clarify questions, and may present the Fraternal Order of in-car camera Police’s position on the matter. At the investigative interview, the investigator need not reveal sources nor evidence; provided however, if the subject of an administrative investigation is to be questioned about an event that has been documented on an audio/video arise recording and is in the possession of the Employer, the subject shall be permitted to view the audio/video recording during the course investigatory interview if questions related to the audio/video recording are to be addressed. Sufficient grounds must be present prior to initiating an administrative investigation interview and the interview shall focus on the basic complaint or allegation prompting the interview or on related issues or on issues which develop during the interview. The scope of this Agreementthe interview shall be reasonable and may be addressed during the disciplinary grievance procedure.
9. Where the affected employee is on disability, or applying for disability, and is unable or unwilling to attend the administrative investigation interview, he/she shall be offered the right to participate by telephone. The call shall be initiated via speakerphone in the presence of an FOP/OLC representative and Employer representative or designee. Failure of the employee to respond to the offer or phone call shall result in the employee’s disability leave benefits being held in abeyance in accordance with Article 43.01(H), unless otherwise mutually agreed between the Labor Council and the Office of Collective Bargaining.
10. Upon an employee or the Union’s inquiry to the Agency’s Labor Relations or Human Resources Department and provided there are no extenuating circumstances, the Employer will inform the employee or the Union shall request within ten (10) working days of the specific status of an investigation of which the employee is a meeting with the Ohio State Highway Patrol Standards Unit to discuss the issuessubject.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Bargaining Unit Member Rights. 1. When an employee is to be interviewed or questioned concerning a complaint or allegation of misconduct, the employee will be informed of, prior to the interview, the nature of the investigation and whether the employee is the subject of the investigation or a witness in the investigation. If the employee is the subject of investigation, the employee will also be informed of the specifics of each complaint or allegation against him/her.
2. The Highway Patrol will make reasonable efforts to conduct interviews during an employee’s regularly scheduled working hours. In any event, employees will be in on-duty paid status for the duration of all interviews.
3. Prior to an interview or questioning which might reasonably lead to disciplinary action, the employee shall be advised of his/her rights to Union representation and, if the employee so requests, the Union representative shall be provided before the interview and investigation proceeds. This right of representation shall apply except for unusual situations in which the interview or questioning must take place immediately. No interview or questioning will occur until the employee has a reasonable opportunity to secure such representation. The first available Union representative will serve as the employee’s representative. This right does not extend to performance evaluation interviews or meetings the purpose of which is solely to inform the employee of intended disciplinary action. The role of the Union representative at such interview or questioning will be to serve as the employee’s representative. Notwithstanding Ohio Revised Code (ORC) 9.84, employees who are interviewed or testify during an investigation have no right to a private attorney, unless authorized by the Union.
4. An employee who is to be interviewed, questioned, or tested concerning the employee’s performance or fitness for office shall be informed that the interview, questioning or test is part of an official investigation and that the employee is subject to disciplinary action, including dismissal, for failing to answer the questions. The employee will be advised that the answers may not be used against him/her in criminal proceedings. If, during the investigation, it is believed the member has knowledge of, or has participated in, any act which violates the criminal laws of the United States, the State of Ohio or any of its political subdivisions, the employee shall be advised of all constitutional and other legal rights applicable.
5. The interview shall be conducted in a professional manner, with questions posed by one investigator at a time. No threats or promises will be made to induce an answer to a question. Reasonable breaks for necessities will be permitted and questioning will not exceed fifty (50) minutes without a ten (10) minute break unless waived by the employee. If a tape recording or transcript of the interview or questioning is made, the party making such recording shall advise the other party of such recording or transcription prior to the start of the interview or questioning. A copy of the tape recording or transcript will be provided upon request of either party.
6. When a supervisor is either the complainant or a witness to the alleged events leading to an administrative investigation being opened, the supervisor shall not be the investigating officer.
7. In the event a bargaining unit member files any complaint involving a Lieutenant or higher rank, it shall not be investigated by a lesser ranking officer or any individual from the same District as the complainant.
8. If issues regarding disciplinary action taken as the result of random viewing of in-car camera video arise during the course of this Agreement, the Union shall request a meeting with the Ohio State Highway Patrol Standards Unit to discuss the issues.ten
Appears in 1 contract
Samples: Collective Bargaining Agreement
Bargaining Unit Member Rights. 1. When an employee is to be interviewed or questioned concerning a complaint or allegation of misconduct, the employee will shall be informed of, prior to the interview, the nature of the investigation and whether the employee is the subject of the investigation or a witness in the investigation. If Notice shall be provided to employees who are subjects of investigations and shall include:
a. A statement that the employee is the a subject of an administrative investigation, the employee will also be informed .
b. The nature of the specifics of each complaint or allegation against him/herof misconduct so that the employee knows the subject matter of the interview.
c. Information to the employee that the interview is part of an official administrative investigation and that failure to answer questions, completely and accurately, may lead to disciplinary action, including dismissal.
d. The time and location of the interview.
2. The Highway Patrol Employer will make reasonable efforts to conduct interviews during an employee’s regularly scheduled working hours. In any event, employees will be in on-duty paid status for the duration of all during interviews.
3. Prior to an interview or questioning which might reasonably lead to disciplinary action, the employee shall will, upon request, be advised given an opportunity to arrange to have a Fraternal Order of his/her rights to Union representation andPolice, if Ohio Labor Council representative present during the employee so requests, the Union representative shall be provided before the interview and investigation proceedsinterviewing or questioning. This right of representation shall apply except Except for unusual situations in which the interview or questioning must take place immediately. No , no interview or questioning will occur until the employee has a reasonable opportunity to secure such representation. The first available Union representative will serve as the employee’s representative. This right does not extend to performance evaluation interviews or meetings the purpose of which is solely to inform the employee of intended disciplinary action. The role of the Union Fraternal Order of Police, Ohio Labor Council representative at such interview or questioning will be to serve as the employee’s representative. Notwithstanding Ohio Revised Code (ORC) 9.84, employees who are interviewed or testify during an investigation have no right to a private attorney, unless authorized by the UnionFOP/OLC Legal Division.
4. An employee who is to be interviewed, questioned, or tested a subject of an administrative investigation concerning the employee’s performance or fitness for office shall be informed that the interview, questioning or test is part of an official administrative investigation and that the employee is subject to disciplinary action, including dismissal, for failing to answer the questionsquestions accurately and completely to the best of his/her ability. The employee will be advised that the answers may not be used against him/her in criminal proceedings. If, during the investigation, it is believed the member has knowledge of, or has participated in, any act which violates the criminal laws of the United States, the State of Ohio or any of its political subdivisions, The administrative investigation waiver shall be provided to the employee shall be advised of all constitutional and other legal rights applicablesigned by the employee.
5. The interview shall be conducted in a professional manner, with questions posed by one investigator at a time. No threats or promises will be made to induce an answer to a question. Reasonable breaks for necessities will be permitted and questioning will not exceed fifty (50) minutes without a ten (10) minute break unless waived by the employee. If a tape recording or transcript of the interview or questioning is made, the party making such recording shall advise the other party of such recording or transcription prior to the start of the interview or questioning. A copy of the tape recording or transcript will be provided upon request of either party.
6. When a supervisor If at any time prior to or during the administrative investigation interview, it is either believed the complainant member has knowledge of, or has participated in, any act which violates the criminal laws of the United States, the State of Ohio, or any of its political subdivisions, and it is contemplated criminal charges may be pursued by the Department, an outside law enforcement agency, or a witness to the alleged events leading to prosecutor, separate administrative and criminal investigations shall be initiated. At no time will information from an administrative investigation being opened, interview held with the supervisor shall not member be provided to the investigating officercriminal investigation.
7. In If the event a bargaining unit criminal investigation is conducted by the Employer, the member files any complaint involving a Lieutenant or higher rank, it shall be advised of all constitutional and other legal rights applicable. Information gathered during the criminal investigation may be provided to the administrative investigators for use during subsequent disciplinary action. Employees shall not be investigated by disciplined for exercising their constitutional rights during a lesser ranking officer or any individual from the same District as the complainantcriminal investigation interview.
8. If issues regarding disciplinary action taken as At administrative investigation interviews, the result Fraternal Order of random viewing Police, Ohio Labor Council representative may advise the employee on actions he/she should take, may ask the investigator to clarify questions, and may present the Fraternal Order of in-car camera Police’s position on the matter. At the investigative interview, the investigator need not reveal sources nor evidence; provided however, if the subject of an administrative investigation is to be questioned about an event that has been documented on an audio/video arise recording and is in the possession of the Employer, the subject shall be permitted to view the audio/video recording during the course investigatory interview if questions related to the audio/video recording are to be investigation interview and the interview shall focus on the basic complaint or allegation prompting the interview or on related issues or on issues which develop during the interview. The scope of this Agreementthe interview shall be reasonable and may be addressed during the disciplinary grievance procedure.
9. Where the affected employee is on disability, or applying for disability, and is unable or unwilling to attend the administrative investigation interview, he/she shall be offered the right to participate by telephone. The call shall be initiated via speakerphone in the presence of an FOP/OLC representative and Employer representative or designee. Failure of the employee to respond to the offer or phone call shall result in the employee’s disability leave benefits being held in abeyance in accordance with Article 43.01(H), unless otherwise mutually agreed between the Labor Council and the Office of Collective Bargaining.
10. Upon an employee or the Union’s inquiry to the Agency’s Labor Relations or Human Resources Department and provided there are no extenuating circumstances, the Employer will inform the employee or the Union shall request within ten (10) working days of the specific status of an investigation of which the employee is a meeting with the Ohio State Highway Patrol Standards Unit to discuss the issuessubject.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Bargaining Unit Member Rights. 1. When an employee is to be interviewed or questioned concerning a complaint or allegation of misconduct, the employee will be informed of, prior to the interview, the nature of the investigation and whether the employee is the subject of the investigation or a witness in the investigation. If the employee is the subject of investigation, the employee will also be informed of the specifics of each complaint or allegation against him/her.
2. The Highway Patrol will make reasonable efforts to conduct interviews during an employee’s 's regularly scheduled working hours. In any event, employees will be in on-duty paid status for the duration of all interviews.
3. Prior to an interview or questioning which might reasonably lead to disciplinary action, the employee shall be advised of his/her rights to Union representation and, if the employee so requests, the Union representative shall be provided before the interview and investigation proceeds. This right of representation shall apply except for unusual situations in which the interview or questioning must take place immediately. No interview or questioning will occur until the employee has a reasonable opportunity to secure such representation. The first available Union Ohio Labor Council representative will serve as the employee’s 's representative. This right does not extend to performance evaluation interviews or meetings the purpose of which is solely to inform the employee of intended disciplinary action. The role of the Union Labor Council representative at such interview or questioning will be to serve as the employee’s 's representative. Notwithstanding Ohio Revised Code (ORC) 9.84, employees who are interviewed or testify during an investigation have no right to a private attorney, unless authorized by the Union.
4. An employee who is to be interviewed, questioned, or tested concerning the employee’s 's performance or fitness for office shall be informed that the interview, questioning or test is part of an official investigation and that the employee is subject to disciplinary action, including dismissal, for failing to answer the questions. The employee will be advised that the answers may not be used against him/her in criminal proceedings. If, during the investigation, it is believed the member has knowledge of, or has participated in, any act which violates the criminal laws of the United States, the State of Ohio or any of its political subdivisions, the employee shall be advised of all constitutional and other legal rights applicable.
5. The interview shall be conducted in a professional manner, with questions posed by one investigator at a time. No threats or promises will be made to induce an answer to a question. Reasonable Reason- able breaks for necessities will be permitted and questioning will not exceed fifty (50) minutes without a ten (10) minute break unless waived by the employee. If a tape recording or transcript of the interview or questioning is made, the party making such recording shall advise the other party of such recording or transcription prior to the start of the interview or questioning. A copy of the tape recording or transcript will be provided upon request of either party.
6. When a supervisor is either the complainant or a witness to the alleged events leading to an administrative investigation being opened, the supervisor shall not be the investigating officer.
7. In the event a bargaining unit member files any complaint involving a Lieutenant or higher rank, it shall not be investigated by a lesser ranking officer or any individual from the same District as the complainant.
8. If issues regarding disciplinary action taken as the result of random viewing of in-car camera video arise during the course of this Agreement, the Union shall request a meeting with the Ohio State Highway Patrol Standards Unit to discuss the issues.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Bargaining Unit Member Rights. 1. When an employee is to be interviewed or questioned concerning a complaint or allegation of misconduct, the employee will be informed of, prior to the interview, the nature of the investigation and whether the employee is the subject of the investigation or a witness in the investigation. If the employee is the subject of investigation, the employee will also be informed of the specifics of each complaint or allegation against him/her.
2. The Highway Patrol will make reasonable efforts to conduct interviews during an employee’s 's regularly scheduled working hours. In any event, employees will be in on-duty paid status for the duration of all interviews.
3. Prior to an interview or questioning which might reasonably lead to disciplinary action, the employee shall be advised of his/her rights to Union representation and, if the employee so requests, the Union representative shall be provided before the interview and investigation proceeds. This right of representation shall apply except for unusual situations in which the interview or questioning must take place immediately. No interview or questioning will occur until the employee has a reasonable opportunity to secure such representation. The first available Union representative will serve as the employee’s 's representative. This right does not extend to performance evaluation interviews or meetings the purpose of which is solely to inform the employee of intended disciplinary action. The role of the Union representative at such interview or questioning will be to serve as the employee’s 's representative. Notwithstanding Ohio Revised Code (ORC) 9.84, employees who are interviewed or testify during an investigation have no right to a private attorney, unless authorized by the Union.
4. An employee who is to be interviewed, questioned, or tested concerning the employee’s 's performance or fitness for office shall be informed that the interview, questioning or test is part of an official investigation and that the employee is subject to disciplinary action, including dismissal, for failing to answer the questions. The employee will be advised that the answers may not be used against him/her in criminal proceedings. If, during the investigation, it is believed the member has knowledge of, or has participated in, any act which violates the criminal laws of the United States, the State of Ohio or any of its political subdivisions, the employee shall be advised of all constitutional and other legal rights applicable.
5. The interview shall be conducted in a professional manner, with questions posed by one investigator at a time. No threats or promises will be made to induce an answer to a question. Reasonable breaks for necessities will be permitted and questioning will not exceed fifty (50) minutes without a ten (10) minute break unless waived by the employee. If a tape recording or transcript of the interview or questioning is made, the party making such recording shall advise the other party of such recording or transcription prior to the start of the interview or questioning. A copy of the tape recording or transcript will be provided upon request of either party.
6. When a supervisor is either the complainant or a witness to the alleged events leading to an administrative investigation being opened, the supervisor shall not be the investigating officer.
7. In the event a bargaining unit member files any complaint involving a Lieutenant or higher rank, it shall not be investigated by a lesser ranking officer or any individual from the same District as the complainant.
8. If issues regarding disciplinary action taken as the result of random viewing of in-car camera video arise during the course of this Agreement, the Union shall request a meeting with the Ohio State Highway Patrol Standards Unit to discuss the issues.party.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Bargaining Unit Member Rights. 1. When an employee is to be interviewed or questioned concerning a complaint or allegation of misconduct, the employee will shall be informed of, prior to the interview, the nature of the investigation and whether the employee is the subject of the investigation or a witness in the investigation. If Notice shall be provided to employees who are subjects of investigations and shall include:
a. A statement that the employee is the a subject of an administrative investigation, the employee will also be informed .
b. The nature of the specifics of each complaint or allegation against him/herof misconduct so that the employee knows the subject matter of the interview.
c. Information to the employee that the interview is part of an official administrative investigation and that failure to answer questions, completely and accurately, may lead to disciplinary action, including dismissal.
d. The time and location of the interview.
2. The Highway Patrol Employer will make reasonable efforts to conduct interviews during an employee’s regularly scheduled working hours. In any event, employees will be in on-on- duty paid status for the duration of all during interviews.
3. Prior to an interview or questioning which might reasonably lead to disciplinary action, the employee shall will, upon request, be advised given an opportunity to arrange to have a Fraternal Order of his/her rights to Union representation andPolice, if Ohio Labor Council representative present during the employee so requests, the Union representative shall be provided before the interview and investigation proceedsinterviewing or questioning. This right of representation shall apply except Except for unusual situations in which the interview or questioning must take place immediately. No , no interview or questioning will occur until the employee has a reasonable opportunity to secure such representation. The first available Union representative will serve as the employee’s representative. This right does not extend to performance evaluation interviews or meetings the purpose of which is solely to inform the employee of intended disciplinary action. The role of the Union Fraternal Order of Police, Ohio Labor Council representative at such interview or questioning will be to serve as the employee’s representative. Notwithstanding Ohio Revised Code (ORC) 9.84, employees who are interviewed or testify during an investigation have no right to a private attorney, unless authorized by the UnionFOP/OLC Legal Division.
4. An employee who is to be interviewed, questioned, or tested a subject of an administrative investigation concerning the employee’s performance or fitness for office shall be informed that the interview, questioning or test is part of an official administrative investigation and that the employee is subject to disciplinary action, including dismissal, for failing to answer the questionsquestions accurately and completely to the best of his/her ability. The employee will be advised that the answers may not be used against him/her in criminal proceedings. If, during the investigation, it is believed the member has knowledge of, or has participated in, any act which violates the criminal laws of the United States, the State of Ohio or any of its political subdivisions, The administrative investigation waiver shall be provided to the employee shall be advised of all constitutional and other legal rights applicablesigned by the employee.
5. The interview shall be conducted in a professional manner, with questions posed by one investigator at a time. No threats or promises will be made to induce an answer to a question. Reasonable breaks for necessities will be permitted and questioning will not exceed fifty (50) minutes without a ten (10) minute break unless waived by the employee. If a tape recording or transcript of the interview or questioning is made, the party making such recording shall advise the other party of such recording or transcription prior to the start of the interview or questioning. A copy of the tape recording or transcript will be provided upon request of either party.
6. When a supervisor If at any time prior to or during the administrative investigation interview, it is either believed the complainant member has knowledge of, or has participated in, any act which violates the criminal laws of the United States, the State of Ohio, or any of its political subdivisions, and it is contemplated criminal charges may be pursued by the Department, an outside law enforcement agency, or a witness to the alleged events leading to prosecutor, separate administrative and criminal investigations shall be initiated. At no time will information from an administrative investigation being opened, interview held with the supervisor shall not member be provided to the investigating officercriminal investigation.
7. In If the event a bargaining unit criminal investigation is conducted by the Employer, the member files any complaint involving a Lieutenant or higher rank, it shall be advised of all constitutional and other legal rights applicable. Information gathered during the criminal investigation may be provided to the administrative investigators for use during subsequent disciplinary action. Employees shall not be investigated by disciplined for exercising their constitutional rights during a lesser ranking officer or any individual from the same District as the complainantcriminal investigation interview.
8. If At administrative investigation interviews, the Fraternal Order of Police, Ohio Labor Council representative may advise the employee on actions he/she should take, may ask the investigator to clarify questions, and may present the Fraternal Order of Police’s position on the matter. At the investigative interview, the investigator need not reveal sources nor evidence. Sufficient grounds must be present prior to initiating an administrative investigation interview and the interview shall focus on the basic complaint or allegation prompting the interview or on related issues regarding disciplinary action taken as the result of random viewing of in-car camera video arise or on issues which develop during the course interview. The scope of this Agreementthe interview shall be reasonable and may be addressed during the disciplinary grievance procedure.
9. Where the affected employee is on disability, or applying for disability, and is unable or unwilling to attend the administrative investigation interview, he/she shall be offered the right to participate by telephone. The call shall be initiated via speakerphone in the presence of an FOP/OLC representative and Employer representative or designee. Failure of the employee to respond to the offer or phone call shall result in the employee’s disability leave benefits being held in abeyance in accordance with Article 43.01(H), unless otherwise mutually agreed between the Labor Council and the Office of Collective Bargaining.
10. Upon an employee or the Union’s inquiry to the Agency’s Labor Relations or Human Resources Department and provided there are no extenuating circumstances, the Employer will inform the employee or the Union shall request within ten (10) working days of the specific status of an investigation of which the employee is a meeting with the Ohio State Highway Patrol Standards Unit to discuss the issuessubject.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Bargaining Unit Member Rights. 1. When an employee is to be interviewed or questioned concerning a complaint or allegation of misconduct, the employee will be informed of, prior to the interview, the nature of the investigation and whether the employee is the subject of the investigation or a witness in the investigation. If the employee is the subject of investigation, the employee will also be informed of the specifics of each complaint or allegation against him/him/ her.
2. The Highway Patrol will make reasonable efforts to conduct interviews during an employee’s 's regularly scheduled working hours. In any event, employees will be in on-duty paid status for the duration of all interviews.
3. Prior to an interview or questioning which might reasonably lead to disciplinary action, the employee shall be advised of his/her rights to Union representation and, if the employee so requests, the Union representative shall be provided before the interview and investigation proceeds. This right of representation shall apply except for unusual situations in which the interview or questioning must take place immediately. No interview or questioning will occur until the employee has a reasonable opportunity to secure such representation. The first available Union representative will serve as the employee’s 's representative. This right does not extend to performance evaluation interviews or meetings the purpose of which is solely to inform the employee of intended disciplinary action. The role of the Union representative at such interview or questioning will be to serve as the employee’s 's representative. Notwithstanding Ohio Revised Code (ORC) 9.84, employees who are interviewed or testify during an investigation have no right to a private attorney, unless authorized by the Union.
4. An employee who is to be interviewed, questioned, or tested concerning the employee’s 's performance or fitness for office shall be informed that the interview, questioning or test is part of an official investigation and that the employee is subject to disciplinary action, including dismissal, for failing to answer the questions. The employee will be advised that the answers may not be used against him/her in criminal proceedings. If, during the investigation, it is believed the member has knowledge of, or has participated in, any act which violates the criminal laws of the United States, the State of Ohio or any of its political subdivisions, the employee shall be advised of all constitutional and other legal rights applicable.
5. The interview shall be conducted in a professional manner, with questions posed by one investigator at a time. No threats or promises will be made to induce an answer to a question. Reasonable breaks for necessities will be permitted and questioning will not exceed fifty (50) minutes without a ten (10) minute break unless waived by the employee. If a tape recording or transcript of the interview or questioning is made, the party making such recording shall advise the other party of such recording or transcription prior to the start of the interview or questioning. A copy of the tape recording or transcript will be provided upon request of either party.
6. When a supervisor is either the complainant or a witness to the alleged events leading to an administrative investigation being opened, the supervisor shall not be the investigating officer.
7. In the event a bargaining unit member files any complaint involving a Lieutenant or higher rank, it shall not be investigated by a lesser ranking officer or any individual from the same District as the complainant.
8. If issues regarding disciplinary action taken as the result of random viewing of in-car camera video arise during the course of this Agreement, the Union shall request a meeting with the Ohio State Highway Patrol Standards Unit to discuss the issues.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Bargaining Unit Member Rights. 1. When an employee is to be interviewed or questioned concerning a complaint or allegation of misconduct, the employee will shall be informed of, prior to the interview, the nature of the investigation and whether the employee is the subject of the investigation or a witness in the investigation. If Notice shall be provided to employees who are subjects of investigations and shall include:
a. A statement that the employee is the a subject of an administrative investigation, the employee will also be informed .
b. The nature of the specifics of each complaint or allegation against him/herof misconduct so that the employee knows the subject matter of the interview.
c. Information to the employee that the interview is part of an official administrative investigation and that failure to answer questions, completely and accurately, may lead to disciplinary action, including dismissal.
d. The time and location of the interview.
2. The Highway Patrol Employer will make reasonable efforts to conduct interviews during an employee’s regularly scheduled working hours. In any event, employees will be in on-duty paid status for the duration of all during interviews.
3. Prior to an interview or questioning which might reasonably lead to disciplinary action, the employee shall will, upon request, be advised given an opportunity to arrange to have a Fraternal Order of his/her rights to Union representation andPolice, if Ohio Labor Council representative present during the employee so requests, the Union representative shall be provided before the interview and investigation proceedsinterviewing or questioning. This right of representation shall apply except Except for unusual situations in which the interview or questioning must take place immediately. No , no interview or questioning will occur until the employee has a reasonable opportunity to secure such representation. The first available Union representative will serve as the employee’s representative. This right does not extend to performance evaluation interviews or meetings the purpose of which is solely to inform the employee of intended disciplinary action. The role of the Union Fraternal Order of Police, Ohio Labor Council representative at such interview or questioning will be to serve as the employee’s representative. Notwithstanding Ohio Revised Code (ORC) 9.84, employees who are interviewed or testify during an investigation have no right to a private attorney, unless authorized by the UnionFOP/OLC Legal Division.
4. An employee who is to be interviewed, questioned, or tested a subject of an administrative investigation concerning the employee’s performance or fitness for office shall be informed that the interview, questioning or test is part of an official administrative investigation and that the employee is subject to disciplinary action, including dismissal, for failing to answer the questionsquestions accurately and completely to the best of his/her ability. The employee will be advised that the answers may not be used against him/her in criminal proceedings. If, during the investigation, it is believed the member has knowledge of, or has participated in, any act which violates the criminal laws of the United States, the State of Ohio or any of its political subdivisions, The administrative investigation waiver shall be provided to the employee shall be advised of all constitutional and other legal rights applicablesigned by the employee.
5. The interview shall be conducted in a professional manner, with questions posed by one investigator at a time. No threats or promises will be made to induce an answer to a question. Reasonable breaks for necessities will be permitted and questioning will not exceed fifty (50) minutes without a ten (10) minute break unless waived by the employee. If a tape recording or transcript of the interview or questioning is made, the party making such recording shall advise the other party of such recording or transcription prior to the start of the interview or questioning. A copy of the tape recording or transcript will be provided upon request of either party.
6. When a supervisor If at any time prior to or during the administrative investigation interview, it is either believed the complainant member has knowledge of, or has participated in, any act which violates the criminal laws of the United States, the State of Ohio, or any of its political subdivisions, and it is contemplated criminal charges may be pursued by the Department, an outside law enforcement agency, or a witness to the alleged events leading to prosecutor, separate administrative and criminal investigations shall be initiated. At no time will information from an administrative investigation being opened, interview held with the supervisor shall not member be provided to the investigating officercriminal investigation.
7. In If the event a bargaining unit criminal investigation is conducted by the Employer, the member files any complaint involving a Lieutenant or higher rank, it shall be advised of all constitutional and other legal rights applicable. Information gathered during the criminal investigation may be provided to the administrative investigators for use during subsequent disciplinary action. Employees shall not be investigated by disciplined for exercising their constitutional rights during a lesser ranking officer or any individual from the same District as the complainantcriminal investigation interview.
8. If At administrative investigation interviews, the Fraternal Order of Police, Ohio Labor Council representative may advise the employee on actions he/she should take, may ask the investigator to clarify questions, and may present the Fraternal Order of Police’s position on the matter. At the investigative interview, the investigator need not reveal sources nor evidence. Sufficient grounds must be present prior to initiating an administrative investigation interview and the interview shall focus on the basic complaint or allegation prompting the interview or on related issues regarding disciplinary action taken as the result of random viewing of in-car camera video arise or on issues which develop during the course interview. The scope of this Agreementthe interview shall be reasonable and may be addressed during the disciplinary grievance procedure.
9. Where the affected employee is on disability, or applying for disability, and is unable or unwilling to attend the administrative investigation interview, he/she shall be offered the right to participate by telephone. The call shall be initiated via speakerphone in the presence of an FOP/OLC representative and Employer representative or designee. Failure of the employee to respond to the offer or phone call shall result in the employee’s disability leave benefits being held in abeyance in accordance with Article 43.01(H), unless otherwise mutually agreed between the Labor Council and the Office of Collective Bargaining.
10. Upon an employee or the Union’s inquiry to the Agency’s Labor Relations or Human Resources Department and provided there are no extenuating circumstances, the Employer will inform the employee or the Union shall request within ten (10) working days of the specific status of an investigation of which the employee is a meeting with the Ohio State Highway Patrol Standards Unit to discuss the issuessubject.
Appears in 1 contract
Samples: Collective Bargaining Agreement
