AFSCME LOCAL 328

MEMBER INVESTIGATORY MEETING

PROTOCOL

Article 10.2 Investigatory Interviews ? Employer/Employee Meetings

Ø The Employer has the right to conduct ?investigatory? interviews by asking questions of an employee which only the employee may answer.

Ø The employee has the right to request, and shall be granted, Union representation at ?investigatory? interviews where the employee reasonably believes the interview might result in disciplinary action.

Ø The employee may utilize an individual other than a Union Representative for this purpose. However, the choice of representative shall not unduly delay the meeting.

Ø The Employer has the right to conduct ?investigatory? interviews by asking questions of an employee to which only the employee may answer.

Ø The Employer has the right to initially hear the employee?s own account of the matter under investigation.

Ø The Union has the right in the ?investigatory? interview to clarify previous answers or to elicit further relevant information.

Ø The Employee does not have any protection against self-incrimination. S/he must answer the Employer?s questions to the best of their ability.

The Union?s Role in the Investigatory Meeting

Ø It is not the Union?s role to ?argue your case? at an investigatory meeting. In fact that is prohibited. The Union can file a grievance and advocate for you if you are actually disciplined as a result of the investigatory interview. The Union?s role is:

Ø Moral Support

Ø Note Taker

Ø Can call for a break if you or the supervisor is getting upset

Ø Clarifies questions and answers

Do?s and Don?ts

Ø DO answer the questions directly.

Ø DON?T elaborate.

Ø DO answer the questions truthfully.

Ø DON?T elaborate.

Ø DON?T make excuses, like ?someone is just out to get me?; it?s not my fault, etc. If the Employer decides to discipline you, the Union can, after investigating, raise those issues as a defense as part of a grievance.

Ø DO provide factual information if the Employer?s information is incorrect.

Ø DO try to stay calm.

Ø DO ask for a break if you feel yourself getting angry or emotional or if you want your steward?s advice before sharing a piece of information.

Next Steps

Ø The Investigatory Steward will document the meeting in the Union?s E-zone

Ø The member can access his/her case by going to the Local 328 E-zone at http://www.afscmelocal328.com; hit the E-Zone button which is highlighted in green; enter required personal information; hit the ?Manage My Cases? button on the left.

Ø If the member is disciplined as a result of the investigatory meeting and wishes to seek advice or file a grievance, the member must access the E-Zone using the Local?s website address and enter a new case. If the member does not have internet access, s/he can request assistance by calling the Local 328 Know Zone at 503-239-9858, ext. 132.