Common use of Formal Meetings and Investigative Interviews Clause in Contracts

Formal Meetings and Investigative Interviews. A. The Union shall be given the opportunity to be represented at any formal discussion between one or more representatives of the Agency and one or more employees in the unit or their representatives concerning any grievance or any personnel policy or practices or other general conditions of employment. 1. The Agency will provide the Union the opportunity to be represented at any examination of an employee in the unit by a representative of the Agency if: a. the employee reasonably believes that the examination may result in disciplinary action against the employee; b. and the employee requests representation. 2. The employer will advise employees in the unit of this right annually and will post the annual notice throughout the year on bulletin boards where notices for employees are normally posted. 3. The Agency agrees prior to taking a written or sworn statement from an employee, or when an employee is going to be interrogated before witnesses which may lead to disciplinary action against the employee, he or she will be advised in writing of his or her right to be represented by the Union. B. The failure to obtain representation will not delay the interrogation by more than 48 hours from the time the employee receives notice of the interrogation. The employee and the Union will promptly designate the representative and make reasonable efforts to minimize the delay. Upon request, a reasonable extension of time will be granted when the representative must travel more than 100 miles to represent the employee. C. Normally, an employee who is a witness in an investigation is not entitled to Union representation; however, an employee who is requested to give information concerning another person and who refuses to do so voluntarily will be entitled to representation upon request if he or she reasonably believes that the examination may result in discipline against him or her. D. This provision is intended to provide information to bargaining unit employees and does not affect the right of the Department of Justice to determine the functions to be performed by its officials: Under 18 U.S.C. § 6003, no official of the Agency is authorized to grant criminal immunity, which is a matter totally within the control of the U.S. Attorney and the appropriate Division within the Department of Justice. Agency investigators may, however, inform employees that the U.S. Attorney has declined criminal prosecution in a matter under investigation and that, consequently, those employees are obliged to answer questions about that matter. In all such instances, no information gathered during the interrogation may be used against the employee in a criminal proceeding, except for possible perjury charges for any answers given during the interrogation. E. Investigative interviews undertaken on behalf of the Agency may be conducted at any reasonable hour. However, investigators will make reasonable efforts to consider such factors as employee fatigue and schedules of designated representatives when scheduling interviews. Nonetheless, where an employee is directed to appear fo[r an interview, all hours spent in the interview shall be compensated at an appropriate rate. F. Where an employee is asked to certify to the correctness of a transcript of a prior investigative interview, he or she shall be afforded upon request the opportunity to review any recording of the interview by arrangements with appropriate management.

Formal Meetings and Investigative Interviews. A. The Union shall be given the opportunity to be represented at any formal discussion between one or more representatives of the Agency Service and one or more employees in the unit or their representatives concerning any grievance or any personnel policy or practices or other general conditions of employment. (1. ) The Agency Service will provide the Union (or another person of the employee’s choice not involved in the investigation) the opportunity to be represented at any examination of an employee in the unit by a representative of the Agency Service if: a. the employee reasonably believes that the examination may result in disciplinary action against the employee;; and b. and the employee requests representation. (2. ) The employer will advise employees in the unit of this right annually and will post the annual notice throughout the year on bulletin boards where notices for employees are normally posted. (3. ) The Agency Service agrees prior to taking a written or sworn statement from an employee, or when an employee is going to be interrogated before witnesses which may lead to disciplinary action against the employee, he or she will be advised in writing of his or her right to be represented by the Union. B. . The failure to obtain representation will not delay the interrogation by more than 48 hours from the time the employee receives notice of the interrogation. The employee and the Union will promptly designate the representative and make reasonable efforts to minimize the delay. Upon request, a reasonable extension of time will be granted when the representative must travel more than 100 miles to represent the employee. C. Normally, an employee who is a witness in an investigation is not entitled to Union representation; however, an employee who is requested to give information concerning another person and who refuses to do so voluntarily will be entitled to representation upon request if he or she reasonably believes that the examination may result in discipline against him or her. D. (1) Any guarantee of administrative immunity offered to induce the employee to submit to interrogation will be bona fide and in writing, with a copy provided to the employee and his or her representative. (2) This provision is intended to provide information to bargaining unit employees and does not affect the right of the Department of Justice to determine the functions to be performed by its officials: Under 18 U.S.C. § 6003, no official of the Agency Service is authorized to grant criminal immunity, which is a matter totally within the control of the U.S. Attorney and the appropriate Division within the Department of Justice. Agency Service investigators may, however, inform employees that the U.S. Attorney has declined criminal prosecution in a matter under investigation and that, consequently, those employees are obliged to answer questions about that matter. In all such instances, no information gathered during the interrogation may be used against the employee in a criminal proceeding, except for possible perjury charges for any answers given during the interrogation. E. Investigative interviews undertaken on behalf of the Agency Service may be conducted at any reasonable hour. However, investigators will make reasonable efforts to consider such factors as employee fatigue and schedules of designated representatives when scheduling interviews. Nonetheless, where an employee is directed to appear fo[r for an interview, all hours spent in the interview shall be compensated at an appropriate rate. F. Where an employee is asked to certify to the correctness of a transcript of a prior investigative interview, he or she shall be afforded upon request the opportunity to review any recording of the interview by arrangements with appropriate management.

Formal Meetings and Investigative Interviews. A. The Union shall be given the opportunity to be represented at any formal discussion between one or more representatives of the Agency and one or more employees in the unit or their representatives concerning any grievance or any personnel policy or practices or other general conditions of employment. 1. The Agency will provide the Union the opportunity to be represented at any examination of an employee in the unit by a representative of the Agency if: a. the employee reasonably believes that the examination may result in disciplinary action against the employee; b. and the employee requests representation. 2. The employer will advise employees in the unit of this right annually and will post the annual notice throughout the year on bulletin boards where notices for employees are normally posted. 3. The Agency agrees prior to taking a written or sworn statement from an employee, or when an employee is going to be interrogated before witnesses which may lead to disciplinary action against the employee, he or she will be advised in writing of his or her right to be represented by the Union. B. The failure to obtain representation will not delay the interrogation by more than 48 hours from the time the employee receives notice of the interrogation. The employee and the Union will promptly designate the representative and make reasonable efforts to minimize the delay. Upon request, a reasonable extension of time will be granted when the representative must travel more than 100 miles to represent the employee. C. X. Normally, an employee who is a witness in an investigation is not entitled to Union representation; however, an employee who is requested to give information concerning another person and who refuses to do so voluntarily will be entitled to representation upon request if he or she reasonably believes that the examination may result in discipline against him or her. D. This provision is intended to provide information to bargaining unit employees and does not affect the right of the Department of Justice to determine the functions to be performed by its officials: Under 18 U.S.C. § 6003, no official of the Agency is authorized to grant criminal immunity, which is a matter totally within the control of the U.S. Attorney and the appropriate Division within the Department of Justice. Agency investigators may, however, inform employees that the U.S. Attorney has declined criminal prosecution in a matter under investigation and that, consequently, those employees are obliged to answer questions about that matter. In all such instances, no information gathered during the interrogation may be used against the employee in a criminal proceeding, except for possible perjury charges for any answers given during the interrogation. E. Investigative interviews undertaken on behalf of the Agency may be conducted at any reasonable hour. However, investigators will make reasonable efforts to consider such factors as employee fatigue and schedules of designated representatives when scheduling interviews. Nonetheless, where an employee is directed to appear fo[r an interview, all hours spent in the interview shall be compensated at an appropriate rate. F. Where an employee is asked to certify to the correctness of a transcript of a prior investigative interview, he or she shall be afforded upon request the opportunity to review any recording of the interview by arrangements with appropriate management.

Formal Meetings and Investigative Interviews. A. The Union shall be given the opportunity to be represented at any formal discussion between one or more representatives of the Agency Service and one or more employees in the unit or their representatives concerning any grievance or any personnel policy or practices or other general conditions of employment. (1. ) The Agency Service will provide the Union (or another person of the employee’s choice not involved in the investigation) the opportunity to be represented at any examination of an employee in the unit by a representative of the Agency Service if: a. the employee reasonably believes that the examination may result in disciplinary action against the employee;; and b. and the employee requests representation. (2. ) The employer will advise employees in the unit of this right annually and will post the annual notice throughout the year on bulletin boards where notices for employees are normally posted. (3. ) The Agency Service agrees prior to taking a written or sworn statement from an employee, or when an employee is going to be interrogated before witnesses which may lead to disciplinary action against the employee, he or she will be advised in writing of his or her right to be represented by the Union. B. . The failure to obtain representation will not delay the interrogation by more than 48 hours from the time the employee receives notice of the interrogation. The employee and the Union will promptly designate the representative and make reasonable efforts to minimize the delay. Upon request, a reasonable extension of time will be granted when the representative must travel more than 100 miles to represent the employee. C. Normally, an employee who is a witness in an investigation is not entitled to Union representation; however, an employee who is requested to give information concerning another person and who refuses to do so voluntarily will be entitled to representation upon request if he or she reasonably believes that the examination may result in discipline against him or her. D. (1) Any guarantee of administrative immunity offered to induce the employee to submit to interrogation will be bona fide and in writing, with a copy provided to the employee and his or her representative. (2) This provision is intended to provide information to bargaining unit employees and does not affect the right of the Department of Justice to determine the functions to be performed by its officials: Under 18 U.S.C. § 6003, no official of the Agency Service is authorized to grant criminal immunity, which is a matter totally within the control of the U.S. Attorney and the appropriate Division within the Department of Justice. Agency Service investigators may, however, inform employees that the U.S. Attorney has declined criminal prosecution in a matter under investigation and that, consequently, those employees are obliged to answer questions about that matter. In all such instances, no information gathered during the interrogation may be used against the employee in a criminal proceeding, except for possible perjury charges for any answers given during the interrogation. E. Investigative interviews undertaken on behalf of the Agency Service may be conducted at any reasonable hour. However, investigators will make reasonable efforts to consider such factors as employee fatigue and schedules of designated representatives when scheduling interviews. Nonetheless, where an employee is directed to appear fo[r for an interview, all hours spent in the interview shall be compensated at an appropriate rate.rate.‌ F. Where an employee is asked to certify to the correctness of a transcript of a prior investigative interview, he or she shall be afforded upon request the opportunity to review any recording of the interview by arrangements with appropriate management.