Common use of Conduct of Questioning Clause in Contracts

Conduct of Questioning. As used in this Article, questioning refers to any investigation, internal affairs review, or interrogation whether or not the employee is to be questioned. The following rights are accorded to the employee subject to questioning: A. Any questioning of an employee will be conducted at hours reasonably related to the employee’s shift, preferable during the employee’s working hours. Such sessions shall be for reasonable periods of time, and time shall be allowed during such questioning for rest periods and for an employee's attendance to physical necessities. B. Before an employee may be charged with insubordination or like offenses for refusing to answer questions or participate in any investigation, the employee shall be advised that such conduct, if continued, may be made the basis for such a charge; except that an employee who refuses to answer questions or participate in any investigation shall not be charged with insubordination or like offense for such refusal as permitted on an exercise of the employee’s constitutional rights in a criminal matter. C. Such questioning shall be recorded by the Employer at the request of either party. Tapes will be made by the Employer and may also be made by the employee and/or Union representative or attorney. The employee and Union representative or Union attorney will be afforded the opportunity, upon written request directly to the Chief or the Chief’s designee, to listen to make personal notes regarding a tape made of the employee’s interview by the Department. D. Any statements or evidence obtained in the course of questioning through the use of threats, coercion or promises other than notification that the employee may be charged with insubordination shall not be admissible in any subsequent criminal action or internal proceeding. However, explaining to an employee that potential corrective action could result if the employee continues to refuse to answer questions or participate in an investigation shall not be considered as such threats, coercion or promises, subject to provisions of paragraph (B) of this Section. E. In the course of questioning, an employee may only be given a polygraph examination with the employee’s consent. The results of this examination cannot be used in any subsequent criminal action. Where consent is given, a polygraph examiner shall be chosen by mutual agreement of the Employer and the Union.

Conduct of Questioning. As used in this Article, questioning refers to any investigation, internal affairs reviewinterview, or interrogation whether or not where the employee member is to be questioned. The following rights are accorded to the employee member subject to questioning: A. Any questioning of an employee a member will be conducted at hours reasonably related to the employee’s member's shift, preferable preferably during the employee’s member's working hours. Such sessions shall be for reasonable periods of time, and time shall be allowed during such questioning for rest periods and for an employee's a member’s attendance to physical necessities. B. If either felony or misdemeanor charges are contemplated, the member shall be informed of their constitutional rights in advance of any questioning. C. Before an employee a member may be charged with insubordination or like offenses for refusing to answer questions or participate in any investigation, the employee member shall be advised that such conduct, if continued, may be made the basis for such a charge; except that an employee a member who refuses to answer questions or participate in any investigation shall not be charged with insubordination or like offense for such refusal as permitted premised on an exercise of the employee’s their constitutional rights in a criminal matter. C. Such questioning shall be recorded by D. Except at the informal level as referenced in Section 9.2, the Employer at shall make reasonable attempts to tape record or get a written statement from the request of either partyaffected member and any potential witnesses to the matter under investigation. Tapes will be made by the Employer and Xxxxx may also be made of the member’s interview by the employee and/or Union representative member and their Lodge Representative or attorneyLodge Attorney. The employee member and Union representative their Lodge Representative or Union attorney Lodge Attorney will be afforded the opportunity, upon written request directly to the Chief or the Chief’s designee, to listen and to make personal notes regarding a tape made of the employee’s interview by the Departmentor written statement. D. E. Any statements or evidence obtained in the course of questioning through the use of threats, coercion or promises other than notification that the employee member may be charged with insubordination insubordination, shall not be admissible in any subsequent criminal action or internal proceeding. However, explaining to an employee a member that potential corrective action could result if the employee member continues to refuse to answer questions or participate in an investigation investigation, shall not be considered as such threats, coercion or promises, subject to provisions of paragraph (B) of this Sectionsubparagraph. E. F. In the course of questioning, an employee a member may only be given a polygraph examination or other purported truth verification examination with the employee’s their consent. The results of this examination cannot be used in any subsequent criminal action. Where consent is given, a polygraph examiner shall be chosen by mutual agreement of the Employer and the Unionmember.

Conduct of Questioning. As used in this Article, questioning refers to any investigation, internal affairs review, or interrogation whether or not the employee is to be questioned. The following rights are accorded to the employee subject to questioning: A. Any questioning of an employee will be conducted at hours reasonably related to the employee’s shift, preferable during the employee’s working hours. Such sessions shall be for reasonable periods of time, and time shall be allowed during such questioning for rest periods and for an employee's attendance to physical necessities. B. Before an employee may be charged with insubordination or like offenses for refusing to answer questions or participate in any investigation, the employee shall be advised that such conduct, if continued, may be made the basis for such a charge; except that an employee who refuses to answer questions or participate in any investigation shall not be charged with insubordination or like offense for such refusal as permitted on an exercise of the employee’s constitutional rights in a criminal matter. C. Such questioning shall be recorded by the Employer at the request of either party. Tapes will be made by the Employer and may also be made by the employee and/or Union representative or attorney. The employee and Union representative or Union attorney will be afforded the opportunity, upon written request directly to the Chief or the Chief’s designee, to listen to make personal notes regarding a tape made of the employee’s interview by the DepartmentDepartmentDivision. D. Any statements or evidence obtained in the course of questioning through the use of threats, coercion or promises other than notification that the employee may be charged with insubordination shall not be admissible in any subsequent criminal action or internal proceeding. However, explaining to an employee that potential corrective action could result if the employee continues to refuse to answer questions or participate in an investigation shall not be considered as such threats, coercion or promises, subject to provisions of paragraph (B) of this Section. E. In the course of questioning, an employee may only be given a polygraph examination with the employee’s consent. The results of this examination cannot be used in any subsequent criminal action. Where consent is given, a polygraph examiner shall be chosen by mutual agreement of the Employer and the Union.

Conduct of Questioning. As used in this Article, questioning refers to any investigation, internal affairs reviewinterview, or interrogation whether or not where the employee member is to be questioned. The following rights are accorded to the employee member subject to questioning: A. Any questioning of an employee a member will be conducted at hours reasonably related to the employee’s member's shift, preferable preferably during the employee’s member's working hours. Such sessions shall be for reasonable periods of time, and time shall be allowed during such questioning for rest periods and for an employee's a member’s attendance to physical necessities. B. If either felony or misdemeanor charges are contemplated, the member shall be informed of his or her constitutional rights in advance of any questioning. C. Before an employee a member may be charged with insubordination or like offenses for refusing to answer questions or participate in any investigation, the employee member shall be advised that such conduct, if continued, may be made the basis for such a charge; except that an employee a member who refuses to answer questions or participate in any investigation shall not be charged with insubordination or like offense for such refusal as permitted premised on an exercise of the employee’s his/her constitutional rights in a criminal matter. C. Such questioning shall be recorded by D. Except at the informal level as referenced in Section 9.2, the Employer at shall make reasonable attempts to tape record or get a written statement from the request of either partyaffected member and any potential witnesses to the matter under investigation. Tapes will be made by the Employer and may also be made of the member’s interview by the employee member and/or Union representative his/her Lodge Representative or attorneyLodge Attorney. The employee member and Union representative his/her Lodge Representative or Union attorney Lodge Attorney will be afforded the opportunity, upon written request directly to the Chief or the Chief’s designee, to listen and to make personal notes regarding a tape made of the employee’s interview by the Departmentor written statement. D. E. Any statements or evidence obtained in the course of questioning through the use of threats, coercion or promises other than notification that the employee member may be charged with insubordination insubordination, shall not be admissible in any subsequent criminal action or internal proceeding. However, explaining to an employee a member that potential corrective action could result if the employee member continues to refuse to answer questions or participate in an investigation investigation, shall not be considered as such threats, coercion or promises, subject to provisions of paragraph (B) of this Sectionsubparagraph. E. F. In the course of questioning, an employee a member may only be given a polygraph examination or other purported truth verification examination with the employee’s his/her consent. The results of this examination cannot be used in any subsequent criminal action. Where consent is given, a polygraph examiner shall be chosen by mutual agreement of the Employer and the Unionmember.

Conduct of Questioning. As used in this Article, questioning refers to any investigation, internal affairs review, or interrogation whether or not the employee is to be questioned. The following rights are accorded to the employee subject to questioning: A. Any questioning of an employee will be conducted at hours reasonably related to the employee’s shift, preferable during the employee’s working hours. Such sessions shall be for reasonable periods of time, and time shall be allowed during such questioning for rest periods and for an employee's attendance to physical necessities. B. Before an employee may be charged with insubordination or like offenses for refusing to answer questions or participate in any investigation, the employee shall be advised that such conduct, if continued, may be made the basis for such a charge; except that an employee who refuses to answer questions or participate in any investigation shall not be charged with insubordination or like offense for such refusal as permitted on an exercise of the employee’s constitutional rights in a criminal matter. C. Such questioning shall be recorded by the Employer at the request of either party. Tapes will be made by the Employer and may also be made by the employee and/or Union representative or attorney. The employee and Union representative or Union attorney will be afforded the opportunity, upon written request directly to the Chief or the Chief’s designee, to listen to make personal notes regarding a tape made of the employee’s interview by the DepartmentDivision. D. Any statements or evidence obtained in the course of questioning through the use of threats, coercion or promises other than notification that the employee may be charged with insubordination shall not be admissible in any subsequent criminal action or internal proceeding. However, explaining to an employee that potential corrective action could result if the employee continues to refuse to answer questions or participate in an investigation shall not be considered as such threats, coercion or promises, subject to provisions of paragraph (B) of this Section. E. In the course of questioning, an employee may only be given a polygraph examination with the employee’s consent. The results of this examination cannot be used in any subsequent criminal action. Where consent is given, a polygraph examiner shall be chosen by mutual agreement of the Employer and the Union.

Conduct of Questioning. As used in this Article, questioning refers to any investigation, internal affairs reviewinterview, or interrogation whether or not where the employee member is to be questioned. The following rights are accorded to the employee member subject to questioning: A. Any questioning of an employee a member will be conducted at hours reasonably related to the employee’s member's shift, preferable preferably during the employee’s member's working hours. Such sessions shall be for reasonable periods of time, and time shall be allowed during such questioning for rest periods and for an employee's attendance to physical necessitiesperiods B. If either felony or misdemeanor charges are contemplated, the member shall be informed of his or her constitutional rights in advance of any questioning. B. C. Before an employee a member may be charged with insubordination or like offenses for refusing to answer questions or participate in any investigation, the employee member shall be advised that such conduct, if continued, may be made the basis for such a charge; except that an employee a member who refuses to answer questions or participate in any investigation shall not be charged with insubordination or like offense for such refusal as permitted premised on an exercise of the employee’s his her constitutional rights in a criminal matter. C. Such questioning shall be recorded by D. Except at the informal level as referenced in Section 9.2, the Employer at shall make reasonable attempts to tape record or get a written statement from the request of either partyaffected member and any potential witnesses to the matter under investigation. Tapes will be made by the Employer and may also be made by of the employee and/or Union representative or attorneyLodge Attorney. The employee member and Union representative his/her Lodge Representative or Union attorney Lodge Attorney will be afforded the opportunity, upon written request directly to the Chief or the Chief’s designee, to listen and to make personal notes regarding a tape made of the employee’s interview by the Departmentor written statement. D. E. Any statements or evidence obtained in the course of questioning through the use of threats, coercion or promises other than notification that the employee member may be charged with insubordination insubordination, shall not be admissible in any subsequent criminal action or internal proceeding. However, explaining to an employee a member that potential corrective action could result if the employee member continues to refuse to answer questions or participate in an investigation investigation, shall not be considered as such threats, coercion or promises, subject to provisions of paragraph (B) of this Sectionsubparagraph. E. F. In the course of questioning, an employee a member may only be given a polygraph examination or other purported truth verification examination with the employee’s his/her consent. The results of this examination cannot be used in any subsequent criminal action. Where consent is given, a polygraph examiner shall be chosen by mutual agreement of the Employer and the Unionmember.

Conduct of Questioning. As used in this Article, questioning refers to any investigation, internal affairs reviewinterview, or interrogation whether or not where the employee member is to be questioned. The following rights are accorded to the employee member subject to questioning: A. Any questioning of an employee a member will be conducted at hours reasonably related to the employee’s member's shift, preferable preferably during the employee’s member's working hours. Such sessions shall be for reasonable periods of time, and time shall be allowed during such questioning for rest periods and for an employee's a member’s attendance to physical necessities. B. If either felony or misdemeanor charges are contemplated, the member shall be informed of his or her constitutional rights in advance of any questioning. C. Before an employee a member may be charged with insubordination or like offenses for refusing to answer questions or participate in any investigation, the employee member shall be advised that such conduct, if continued, may be made the basis for such a charge; except that an employee a member who refuses to answer questions or participate in any investigation shall not be charged with insubordination or like offense for such refusal as permitted premised on an exercise of the employee’s his/her constitutional rights in a criminal matter. C. Such questioning shall be recorded by D. Except at the informal level as referenced in Section 9.2, the Employer at shall make reasonable attempts to tape record or get a written statement from the request of either partyaffected member and any potential witnesses to the matter under investigation. Tapes will be made by the Employer and Xxxxx may also be made of the member’s interview by the employee member and/or Union representative his/her Lodge Representative or attorneyLodge Attorney. The employee member and Union representative his/her Lodge Representative or Union attorney Lodge Attorney will be afforded the opportunity, upon written request directly to the Chief or the Chief’s designee, to listen and to make personal notes regarding a tape made of the employee’s interview by the Departmentor written statement. D. E. Any statements or evidence obtained in the course of questioning through the use of threats, coercion or promises other than notification that the employee member may be charged with insubordination insubordination, shall not be admissible in any subsequent criminal action or internal proceeding. However, explaining to an employee a member that potential corrective action could result if the employee member continues to refuse to answer questions or participate in an investigation investigation, shall not be considered as such threats, coercion or promises, subject to provisions of paragraph (B) of this Sectionsubparagraph. E. F. In the course of questioning, an employee a member may only be given a polygraph examination or other purported truth verification examination with the employee’s his/her consent. The results of this examination cannot be used in any subsequent criminal action. Where consent is given, a polygraph examiner shall be chosen by mutual agreement of the Employer and the Unionmember.