Investigative Interviews. 15.3.1 Employees shall be entitled to union representation during interviews with management which the employee reasonably believes may lead to discipline. Before conducting any such interview of the employee, the supervisor or manager conducting the interview shall inform the employee of his/her right to union representation at the interview.
Investigative Interviews. A. A representative of the Union shall be given an opportunity to be present at any examination of an employee in connection with an investigation if: (1) the employee reasonably believes that the examination may result in a disciplinary action against him or herself; and (2) the employee requests such representation. The employee may request representation before the meeting, or there may be situations where an employee begins a meeting without requesting representation, but then decides to request it. In either event, if representation is requested, the meeting will not be delayed beyond one business day (Monday through Friday) without mutual agreement of the parties.
B. Where it is within the control of the Employer, employees shall not suffer public embarrassment by the serving of warrants, subpoenas or similar legal documents in public.
C. When an employee is being physically removed from the workplace, the employer will make every reasonable attempt to protect the employee from unnecessary public embarrassment while ensuring the safety and security of the workplace.
X. Xx employee who is interviewed as the subject of a formal investigation conducted by the Employer will, upon request, be advised if the investigation is ongoing or closed to the extent such disclosure does not violate DoD or other regulations or policies and does not compromise an ongoing investigation.
Investigative Interviews. Where the Sheriff or his designee desires to conduct an investigative interview of an employee where the results of the interview might result in discipline, the Sheriff agrees to first inform the employee that the employee has a right to Union representation at such interview. If the employee desires such Union representation, no interview shall take place without the presence of a Union representative. The role of the Union representative is limited to assisting the employee, clarifying the facts and suggesting other employees who may have knowledge of the facts. If the employee does not request Union representation, Union representative shall nevertheless be entitled to be present as a non-active participant at any and all such meetings provided that a Union representative is available within 24 hours notice from Sheriff to the Union.
Investigative Interviews. An employee may designate MEA to represent the employee during an investigative interview when the employee is the subject of the investigation. This provision includes EEO, Whistleblower or departmental disciplinary investigations. The department that conducts the investigation will issue a written notification to MEA (if designated as the representative by the employee) advising of the outcome of EEO and disciplinary investigations within thirty (30) days of completing the investigation. In the case of Whistleblower investigations, the Whistleblower unit of the Controller’s office will notify the Association when the investigation has been completed.
Investigative Interviews. A. Whenever any employee is questioned or interrogated by management or any other member designated by the employing department or licensing or certifying agency concerning any matter, which could lead to punitive action, the employee may request that a representative of his/her choice be present during the questioning or interrogation session.
B. In the event the employee exercises such right, no questioning or interrogation shall proceed until such time as the representative is made available to attend such session.
C. An employee suspected of criminal misconduct shall be provided with a written formal grant of immunity from criminal prosecution before the employee may be compelled to respond to incriminating questions in an interrogation. Subject to that grant of immunity, a firefighter refusing to respond to questions or submit to interrogations shall be informed that the failure to answer questions directly related to the investigation or interrogation may result in punitive action.
D. For the purpose of this agreement, employees assigned the duties of Arson Investigation shall be deemed Peace Officers, and this agreement will neither diminish nor enhance rights granted under California Government Code 3300, if any exist.
E. OCFA may have up to two (2) management representatives in attendance at any investigative interview.
F. In addition to the employee represented, Local 3631 may have up to two (2) representatives in attendance (unless the employee represented is also a union representative, in which case two (2) other union representatives and a total of three (3) management representatives may attend).
G. Each party shall designate one (1) lead representative unless otherwise agreed to.
X. In extraordinary circumstances it may be desirable for either or both parties to have more than two (2) representatives. In such cases, additional representatives may attend upon mutual agreement.
I. OCFA shall be responsible for release time for the employee represented and up to one (1) representative.
J. OCFA retains discretion to backfill positions associated with such release time and shall be responsible therefore.
K. The presence of attorneys for either party shall not count against the limitations herein.
Investigative Interviews. Members shall receive advance notice prior to an investigatory interview. The notice shall include the general nature of the allegation(s), the supervisor conducting the interview, and the time and location of the investigatory interview. An investigation will not be unreasonably delayed by either party.
Investigative Interviews. During an investigative interview, the employee shall be accompanied by a Union xxxxxxx, Union representative, or other bargaining unit employee whom he/she chooses to represent him/her unless he/she waives this right in writing after conferring with the xxxxxxx. "Representation" means advising the employee but shall not be construed as converting the investigative interview into an adversary hearing.
Investigative Interviews. An employee may designate MEA to represent the employee during an investigative interview when the employee is the subject of the investigation. This provision includes EEO, Whistleblower or departmental disciplinary investigations. The department that conducts the investigation will issue a written notification to MEA (if designated as the representative by the employee) advising of the outcome of EEO and or disciplinary investigations within thirty (30) days of completing the investigation. In the case of Whistleblower investigations, the Whistleblower unit of the Controller’s Office will notify the Association when the investigation has been completed. 104. The department will use best efforts to notify the Association of the identity of the investigator(s) conducting the investigation at the time the interview is scheduled and will notify the Association if the identity of the investigator changes.
Investigative Interviews. An employee may designate MEA to represent the employee during an investigative interview when the employee is the subject of the investigation. This provision includes Where MEA has been designated as the representative for an employee who is the subject of an EEO, Whistleblower or departmental disciplinary investigations., tThe department that conducts the investigation will issue a written notification to MEA (if designated as the representative by the employee) advising of the outcome of EEO and disciplinary such investigations within thirty (30) days of completing the investigation. In the case of Whistleblower investigations, the Whistleblower unit of the Controller’s office will notify the Association when the investigation has been completed.
Investigative Interviews. A. Whenever any employee is questioned or interrogated by management concerning any matter, which could lead to discipline, the employee may request that a Union representative be present during the questioning or interrogation session.
B. In the event the employee exercises such right, no questioning or interrogation shall proceed until such time as a Union representative is made available to attend such session.
C. An employee suspected of criminal misconduct may be ordered to answer questions, notwithstanding the employee’s constitutional rights, upon penalty of discipline provided the employee is advised that such answers may not be used in any criminal proceedings against the employee.
D. For the purpose of this agreement, employees assigned the duties of Arson Investigation shall be deemed Peace Officers, and this agreement will neither diminish nor enhance rights granted under California Government Code 3300, if any exist.
E. OCFA may have up to two (2) management representatives in attendance at any investigative interview.
