Common use of Bargaining Unit Member Rights Clause in Contracts

Bargaining Unit Member Rights. 1. When an employee is to be interviewed or questioned concerning a complaint or allegation of misconduct, the employee 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. Notice shall be provided to employees who are subjects of investigations and shall include: a. A statement that the employee is a subject of an administrative investigation. b. The nature of the complaint or allegation of 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 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 during interviews. 3. Prior to an interview or questioning which might reasonably lead to disciplinary action, the employee will, upon request, be given an opportunity to arrange to have a State of Ohio, Unit 2 Association representative present during the interviewing or questioning. Except for 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. 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 State of Ohio, Unit 2 Association 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 Unit 2 Association Legal Division. 4. An employee who is 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 questions 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. The administrative investigation waiver shall be provided to the employee and signed 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

Bargaining Unit Member Rights. 1. When an employee is to be interviewed or questioned concerning a complaint or allegation of misconduct, the employee 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. Notice shall be provided to employees who are subjects of investigations and shall include: a. A statement that the employee is a subject of an administrative investigation. b. The nature of the complaint or allegation of 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 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- on-duty paid status during interviews. 3. Prior to an interview or questioning which might reasonably lead to disciplinary action, the employee will, upon request, be given an opportunity to arrange to have a State Fraternal Order of OhioPolice, Unit 2 Association Ohio Labor Council representative present during the interviewing or questioning. Except for 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. 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 State Fraternal Order of OhioPolice, Unit 2 Association 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 Unit 2 Association FOP/OLC Legal Division. 4. An employee who is 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 questions 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. The administrative investigation waiver shall be provided to the employee and signed 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 fiftyfifty (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. If at any time prior to or during the administrative investigation interview, 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, and it is contemplated criminal charges may be pursued by the Department, an outside law enforcement agency, or a prosecutor, separate administrative and criminal investigations shall be initiated. At no time will information from an administrative investigation interview held with the member be provided to the criminal investigation. 7. If the criminal investigation is conducted by the Employer, the member 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 disciplined for exercising their constitutional rights during a criminal investigation interview. 8. 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 or on issues which develop during the interview. The scope of the 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.

Bargaining Unit Member Rights. 1. When an employee is to be interviewed or questioned concerning a complaint or allegation of misconduct, the employee 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. Notice shall be provided to employees who are subjects of investigations and shall include: a. A statement that the employee is a subject of an administrative investigation. b. The nature of the complaint or allegation of 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 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 during interviews. 3. Prior to an interview or questioning which might reasonably lead to disciplinary action, the employee will, upon request, be given an opportunity to arrange to have a State Fraternal Order of OhioPolice, Unit 2 Association Ohio Labor Council representative present during the interviewing or questioning. Except for 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. 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 State Fraternal Order of OhioPolice, Unit 2 Association 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 Unit 2 Association FOP/OLC Legal Division. 4. An employee who is 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 questions 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. The administrative investigation waiver shall be provided to the employee and signed 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

Bargaining Unit Member Rights. 1. When an employee is to be interviewed or questioned concerning a complaint or allegation of misconduct, the employee 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. Notice shall be provided to employees who are subjects of investigations and shall include: a. A statement that the employee is a subject of an administrative investigation. b. The nature of the complaint or allegation of 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 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 during interviews. 3. The Employer may conduct investigatory interviews remotely by means of teleconference or videoconference. 4. Prior to an interview or questioning which might reasonably lead to disciplinary action, the employee will, upon request, be given an opportunity to arrange to have a State of Ohio, Unit 2 Association representative present during the interviewing or questioning. Except for 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. 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 State of Ohio, Unit 2 Association 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 Unit 2 Association Legal Division. 45. An employee who is 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 questions 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. The administrative investigation waiver shall be provided to the employee and signed by the employee. 56. 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 fiftyfifty (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. 7. If at any time prior to or during the administrative investigation interview, 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, and it is contemplated criminal charges may be pursued by the Department, an outside law enforcement agency, or a prosecutor, separate administrative and criminal investigations shall be initiated. At no time will information from an administrative investigation interview held with the member be provided to the criminal investigation. 8. If the criminal investigation is conducted by the Employer, the member 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 disciplined for exercising their constitutional rights during a criminal investigation interview. 9. At administrative investigation interviews, the State of Ohio, Unit 2 Association representative may advise the employee on actions he/she should take, may ask the investigator to clarify questions, and may present the Union’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 recording and is in the possession of the Employer, the subject shall be permitted to view the audio/video recording during the 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 the interview shall be reasonable and may be addressed during the disciplinary grievance procedure. 10. 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 Unit 2 Association 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 Association and the Office of Collective Bargaining. 11. 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 within ten (10) working days of the specific status of an investigation of which the employee is a subject.

Bargaining Unit Member Rights. 1. When an employee is to be interviewed or questioned concerning a complaint or allegation of misconduct, the employee 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. Notice shall be provided to employees who are subjects of investigations and shall include: a. A statement that the employee is a subject of an administrative investigation. b. The nature of the complaint or allegation of 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 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- on-duty paid status during interviews. 3. Prior to an interview or questioning which might reasonably lead to disciplinary action, the employee will, upon request, be given an opportunity to arrange to have a State Fraternal Order of OhioPolice, Unit 2 Association Ohio Labor Council representative present during the interviewing or questioning. Except for 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. 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 State Fraternal Order of OhioPolice, Unit 2 Association 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 Unit 2 Association FOP/OLC Legal Division. 4. Explanation: An employee who is a witness or a subject of during an administrative investigation concerning the employee’s performance or fitness for office shall be informed that the interviewinvestigatory interview has no right to private counsel in addition to their union representative, 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 questions 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. The administrative investigation waiver shall be provided to the employee and signed unless authorized by the employeeFOP/OLC Legal Division. 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

Bargaining Unit Member Rights. 1. When an employee is to be interviewed or questioned concerning a complaint or allegation of misconduct, the employee 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. Notice shall be provided to employees who are subjects of investigations and shall include: a. A statement that the employee is a subject of an administrative investigation. b. The nature of the complaint or allegation of 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 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 during interviews. 3. Prior to an interview or questioning which might reasonably lead to disciplinary action, the employee will, upon request, be given an opportunity to arrange to have a State Fraternal Order of OhioPolice, Unit 2 Association Ohio Labor Council representative present during the interviewing or questioning. Except for 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. 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 State Fraternal Order of OhioPolice, Unit 2 Association 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 Unit 2 Association FOP/OLC Legal Division. 4. An employee who is 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 questions 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. The administrative investigation waiver shall be provided to the employee and signed 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