Common use of Whenever the Employer Clause in Contracts

Whenever the Employer. conducts an investigatory interview with an Employee and the Employee reasonably believes that by answering the questions, discipline could result, the Employee shall have the right to request an available representative of their choosing to be present at the investigatory interview. (This is also known as Xxxxxxxxxx Rights.) A. Where the Employer is investigating any Employee for possible disciplinary actions, the Employer shall: 1. Notify the Employee at the outset of the meeting that the Employee is being investigated for possible disciplinary action; 2. On the Employee’s request, allow the Employee the opportunity for Union representation; and 3. If the Employer elects to proceed with the interview, provide the Employee with a reasonable amount of time to confer with his/her representative. B. The Employer may not make a verbatim record of such interview unless it notifies the Employee at the outset of the meeting of its intention to do so. If the Employer does elect to make a verbatim record of the meeting, the Employee shall be provided with a true and correct copy of the record. In addition, if the Employer is recording the meeting, the Employee may also record the meeting provided that the meeting will not be unduly delayed while the Employee obtains a recording device. C. An Employee may refuse to answer questions of a superior that probe possible criminal conduct until the Employee has obtained legal advice and/or counsel. The Employee shall be given a reasonable period of time to secure counsel. D. In all cases, the confidentiality of the disciplinary process shall be maintained by the Employer and its representatives, the Employee’s representative, and any and all Stewards shadowing, as required by law, SPB Rules, and this Agreement.