Common use of Rights of Bargaining Clause in Contracts

Rights of Bargaining. Unit Members while Under Investigation - When a bargaining unit member is under investigation or is subjected to questioning for any reason, the following minimum standards shall apply: (1) Questioning of the bargaining unit member shall be conducted at a reasonable hour, preferably when the bargaining unit member is on duty, unless circumstances otherwise require. (2) Questioning of the bargaining unit member shall normally take place at the offices of those conducting the investigation or the place where such bargaining unit member reports for duty unless the member consents in writing to being questioned elsewhere. (3) The bargaining unit member under investigation shall be informed, at the commencement of any questioning, of the name, rank and command of the officer conducting the questioning. (4) The bargaining unit member under investigation shall be informed in writing of the nature of the investigation prior to any questioning. (5) Any questioning of a bargaining unit member in connection with an investigation shall be for a reasonable period of time and shall allow for reasonable periods for the rest and personal necessities of the bargaining unit member. (6) No threat against, harassment of, or promise or reward (except an offer of immunity from prosecution) to any bargaining unit member shall be made in connection with an investigation to induce the answering of any question. (7) Questioning of any bargaining unit member in connection with the investigation may be recorded in full in writing or by electronic device, and if so a copy of the transcript shall be made available to the member under investigation. (8) The bargaining unit member under investigation shall be entitled to the presence of a union representative, at any questioning of the member, unless the member consents in writing to being questioned outside the presence of the union representative. (9) At the conclusion of the investigation, the bargaining unit member under investigation shall be informed, in writing, of the investigative findings and any recommendations or disciplinary action that the person intends to make, within a reasonable period of time. (10) A bargaining unit member who is brought before a disciplinary hearing shall be provided access to all transcripts, records, written statements, written reports and analyses and video tapes pertinent to the case that: (A) contain exculpatory information (B) are intended to support any disciplinary action, or (C) are to be introduced in the disciplinary hearing. (11) Initial disciplinary hearing shall be held within thirty (30) days of the filing of charges, unless the parties mutually agree otherwise.