Common use of Investigative Examinations Clause in Contracts

Investigative Examinations. (a) The Union shall be given the opportunity represent a bargaining unit employee at any examination of an employee in the bargaining unit by a representative of the Employer if: (1) the examination is investigative in nature, (2) the employee reasonably believes that the examination may result in disciplinary action against the employee, and (3) 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 time, not to exceed 120 minutes, to permit the employee the opportunity to arrange representation. Such time shall not unreasonably delay the interview by the Employer. While the employee may request a specific Union representative, the employee does not have the right to have a specific Union representative present at the examination. The parties agree to conduct themselves in a civil and respectful manner. An Employer representative may not dictate, suggest, or otherwise seek to influence the employee as to whom from the Union may represent the employee at the examination. (c) The Employer is free to terminate any examination of an employee in connection with an investigation at any time for any reason. (d) The Union shall have no right to represent an employee who is examined as a witness or third party in an investigation or to represent an employee who is being counseled by a representative of the Employer concerning conduct, performance, or any other similar or like work-related matter.

Appears in 9 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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