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 his or her representative shall be notified in writing, at least forty-eight (48) hours prior to the interview. In the event of an emergency, such reasonable notice as the circumstances permit shall be given. The notice shall state that an official investigation is being conducted and shall state the subject matter of the investigatory interview.
a. Prior to being interviewed pursuant to this section, the employee shall be afforded a reasonable opportunity and facilities to contact and consult privately with his or her union representative or union attorney.
b. Any interview of an employee under this section shall be conducted at a reasonable time, at a suitable location and, when practicable, on the department’s premises when the employee is on duty. The union representative or union attorney may participate in the interview.
c. The interview shall be limited to questions that are directly, narrowly, and specifically related to the employee’s job performance as it relates to the allegation(s) or complaints. The employee shall not be subjected to any offensive language nor be threatened with transfer, dismissal or other disciplinary action. Confidentiality of the interview shall be maintained.
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. 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. 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.
X. Xxxxxxxx to an order by the Employer to answer and after providing the employee with their Xxxxxxx 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 an investigator believes that reasonable cause to investigate further has been established, and the employee under investigation is to be interviewed under this section, the employee shall be afforded three (3) working days, unless an emergency exists, to contact and consult privately with union attorney and/or other union representative before being interviewed. The union attorney and/or union representative may attend the interview. For 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 investigation shall be conducted with the maximum amount of confidentiality possible.
e. In situations where the conduct being investigated could result in a separate criminal investigation, the employee shall be advised in writing prior to his/her interview that s/he is required to answer questions in the personnel investigation or face disciplinary action up to and including discharge. The employee shall be further advised in writing that any statements made by the employee and any evidence obtained as a result of the statements made by the employee in the course of the personnel investigation may not be used against him/her in a court of law (Xxxxxxx notice). The employee will be given an opportunity to sign the Xxxxxxx notice. The employer shall record all such interviews, except as designated below, with the recordings made a part of the investigatory file. Neither the employee nor MSLEA will record the interview while it is being conducted. Once the investigation is closed and if the investigation results in proposed discipline, MSLEA will be given a copy of the recording of the interview with the employee under investigation along with the investigative report. The employer will not release copies of any other recordings made in the course of the investigation to MSLEA until such time as other evidence is released to MSLEA in the grievance process. The follo...
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.
X. Xxxxxxxx to an order by the Employer to answer and after providing the employee with his/her Xxxxxxx 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. 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.
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. 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 (Xxxxxxx or Chief Xxxxxxx or Executive Xxxxxxx).
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.
