Investigatory Interview Clause Samples

Investigatory Interview. When an investigator believes that probable cause has been established, and the employee under investigation is to be interviewed concerning alleged misconduct which, if proven, could result in disciplinary action, the employee shall be afforded three (3) working days, unless an emergency exists, to contact and consult privately with a union attorney and/or other union representative before being interviewed. The union attorney and/or union representative may attend the interview. For the purpose of this section, working days shall be Monday through Friday, exclusive of holidays. In the event of an emergency, a reasonable amount of time will be afforded. a. The interview of any employee under this section shall be conducted at a reasonable hour and without unreasonable delay. It shall take place at a suitable location designated by the investigating officer and shall be at the appropriate agency headquarters when feasible. b. The employee being interviewed shall be informed of the identity of all persons present during the interview. c. If it is known that the employee being interviewed is a witness only, he/she shall be so informed. d. The interrogation shall be conducted with the maximum amount of confidentiality possible. e. The interview of the employee shall be recorded.

Investigatory Interview. The Appointing Authority shall not meet with a supervisor for the purpose of questioning a supervisor during an investigation that may lead to discipline of that supervisor without first offering the supervisor an opportunity for MMA representation. Any supervisor waiving the right to such representation must do so in writing prior to the questioning. However, a supervisor may initially waive the right to representation orally in the case of a phone interview. A copy of such waiver shall be furnished to the Association. The supervisor shall be advised of the principal allegations being investigated and, if known, the alleged time and place of occurrence prior to questioning. However, if any supervisor, who is not the subject of the investigation, is being questioned during an investigation of resident/patient abuse, the supervisor, upon request, shall have the right to Association representation. Notification of status of the investigation will normally be provided to the Association within thirty (30) days of the interview.

Investigatory Interview. A. The employee shall be afforded an opportunity and facilities to contact and consult privately with a Union Representative. Employees seeking representation are responsible for contacting their representative. If the representative is not reasonably available, the employee will select another representative who is available. B. At the beginning of the initial interview, the Employer will inform the employee of the nature of the allegation(s). Upon request, an employee has the right to a Union Representative at an investigatory interview called by the Employer, if the employee reasonably believes discipline could result. For follow up interviews, the employee will be afforded the opportunity to utilize the same Union Representative as in previous interviews if reasonably available. The role of the Union Representative in an interview is to provide assistance and counsel to the employee. The exercise of rights in this Article must not interfere with the Employer’s right to conduct the investigation. The employee shall be entitled to reasonable intermissions. C. Employees have a duty to cooperate with a Department investigation and to answer all relevant and material questions which relate to their official duties or fitness for duty; provided, employees retain the rights afforded to them by the Constitution of the United States and the State of Washington, as well as all of the protections of the statutes of Washington State and this Collective Bargaining Agreement. Employees will answer all questions fully and honestly. ▇. ▇▇▇▇▇▇▇▇ to an order by the Employer to answer and after providing the employee with their ▇▇▇▇▇▇▇ rights, employees that refuse to answer any questions relating to the performance of their official duties or fitness for duty may be subject to discipline, up to and including termination of employment.

Investigatory Interview. When the employee under investigation is to be interviewed concerning the alleged conduct which could result in discharge or other discipline, the employee and their representative shall be notified in writing, at least three

Investigatory Interview. If a personnel investigation is necessary, the employee will be given an opportunity to present all pertinent information supporting their actions or behavior. When any employee is under investigation and may be subject to discipline, and is subject to questioning, the interview shall be conducted under the following conditions. (a) ▇▇▇▇▇ to being interviewed in connection with an investigation which could result in discipline for the interviewed employee, the employee shall be apprised of the nature of the allegations of the prior to questioning. (b) The interview shall be conducted at a reasonable hour, preferably at a time when the employee is on duty, or during the normal waking hours, unless the seriousness of the investigation requires otherwise. (c) Unless a delay would jeopardize the investigation, or when possible criminal conduct is an issue, the employee shall be given 72 hours advance notice prior to being interviewed. (d) The employee under investigation shall be informed of the rank and name of the person conducting the investigation. During the interview, all questions directed at the employee shall be asked by no more than two interviewers. (e) At the beginning of the interview, the subject employee shall be informed that failure to answer questions directly related to the investigation may result in disciplinary action. (f) All investigatory interviews shall be limited in scope to activities, circumstances, events, conduct, or acts which pertain to the subject investigation, unless during the course of the investigatory interview new allegations emerge from the responses of the employee. In which case, the employee will be notified of the new allegation and the nature of the violation. (g) All interviews pertaining to the investigation shall be recorded. (h) Upon notification of an investigation and interview, the employee shall have the right to be represented by a representative of their choice who may be present at all times during the interview. After the interviewer has completed questioning the employee, the representative may ask questions to clarify issues, elicit information, suggest additional witnesses to be interviewed or present additional relevant information. The representative shall not be required by the Employer to disclose any information regarding statements made to him or her by the employee under investigation. The parties’ intention is that this provision shall be interpreted and applied to extend the rights and proc...

Investigatory Interview. A. At the beginning of the initial interview, the Employer will inform the employee of the nature of the allegation(s). Upon request, an employee has the right to a Union Representative at an investigatory interview called by the Employer, if the employee reasonably believes discipline could result. If the requested representative is not reasonably available, the employee will select another representative who is available. Employees seeking representation are responsible for contacting their representative. The role of the representative is to provide assistance and counsel to the employee. The exercise of rights in this Article must not interfere with the Employer’s right to conduct the investigation. B. Employees have a duty to cooperate with a Department investigation and to answer all relevant and material questions which relate to their official duties or fitness for duty; provided, employees retain the rights afforded to them by the Constitution of the United States and the State of Washington, as well as all of the protections of the statutes of Washington State and this collective bargaining agreement. Employees will answer all questions fully and honestly. ▇. ▇▇▇▇▇▇▇▇ to an order by the Employer to answer and after providing the employee with his/her ▇▇▇▇▇▇▇ rights, employees that refuse to answer any questions relating to the performance of their official duties or fitness for duty may be subject to discipline, up to and including termination of employment.

Investigatory Interview. In the event a complaint is made against an employee or where any investigation is conducted which may result in disciplinary action, the following procedures shall apply: a. If, during the investigation, an employee is requested to appear before a member of Management, the employee shall be fully advised of the nature of the investigation and that the investigation may result in disciplinary action. b. When an employee is questioned under this section, the employee shall be informed of their right to Union representation. Should the employee waive such right, the employee shall sign a waiver form so indicating and copies will be given to the employee and the Union. c. Upon request of the employee for Union representation, such request shall be granted, and the Union shall immediately provide such representation. When such representation has been requested, no questioning shall commence until the Union representative is present (▇▇▇▇▇▇▇ or Chief ▇▇▇▇▇▇▇ or Executive ▇▇▇▇▇▇▇). d. Employee shall be required to answer questions relating to their performance or conduct as an employee of the City as it relates to the investigation. Refusal to answer such questions may result in disciplinary action, including discharge. e. All bargaining unit employees working in the Police Department upon request will be afforded a representative from the Labor Relations office to be present at an investigatory interview.

Investigatory Interview. The parties agree to the following: (a) An employee who is interviewed by a representative of the Employer where disciplinary action stemming from the interview may result, may, upon request, have a Union representative present at theinterview. (b) The employee has the right to be informed prior to the investigatory interview of the subject matter of the interview and nature of any alleged charge or impropriety (not however, the specific rule or regulation violated). (c) An employee, who seeks to have a Union representative present, may, upon request of the employee or the Union, engage in a reasonable but brief pre- interview conference with the Union representative. (d) A Union representative shall be able to: 1. Assist the employee by eliciting favorable facts, and save the Employer production time by getting to the bottom of the incident occasioning the interview. 2. Assist the employee by attempting to clarify facts or suggest other employees who may have knowledge of them. 3. If requested by the Employer representative, the Union representative will delay his comments until the employee has given his statement. (e) A Union representative shall not disrupt the investigatory interview, and the Employer representative has no duty to bargain with the Association representative who attends the interview.

Investigatory Interview. If a bargaining unit member reasonably believes that an investigatory interview conducted by the employer will result in discipline or place his/her job security in jeopardy, she/he may have a Congress representative present at any such interview.