Disciplinary Examinations Clause Samples

Disciplinary Examinations. A. The Union shall be given the opportunity to be represented by up to two (2) Union-designated representatives at any examination of an employee in the bargaining unit by a representative of the Employer in connection with an investigation if: 1. The employee reasonably believes that the examination may result in disciplinary action against the employee; and 2. The employee requests representation. B. If an employee requests to be represented at such an examination, the employer will delay the examination for a reasonable period of time, to permit the employee the opportunity to arrange representation. The examination will be delayed for up to eight hours, if there are eight hours available between the time of the employer’s demand for an examination and 5:00 p.m. on the same calendar day. If a delay of eight hours will extend beyond 5:00 p.m. on the same calendar day, the examination will be held no later than 9:00 a.m. on the following calendar day, unless the parties have mutually agreed to a different time. C. Prior to an examination, the Employer agrees to inform the Union representative(s) in writing (which may be by email communication) of the subject of the examination. The representative(s) must also be allowed to speak privately with the employee before the examination. The Union representative(s) must be allowed to speak during the interview. However, the Union representative(s) does not have the right to bargain over the purpose of the interview. The Union representative(s) can, however, request that the employer representative clarify a question so that the employee can understand what is being asked. When the questioning ends, the Union representative(s) can provide additional information to the employer representative. Before providing such information, the Union representative(s) and the employee may briefly meet privately for purposes of discussion. D. The Employer is free to terminate any examination of an employee in connection with an investigation at any time for any reason. E. The Union shall have no right to represent an employee who is examined as a witness or third party in any investigation or to represent an employee who is being counseled by a representative of the Employer concerning conduct, performance, or any other similar work- related matter. However, if the employee learns during the course of the witness/third-party investigation that he or she may be subject to discipline, he or she may request Union representation pur...