As a represented employee, you have the right to union representation during an investigatory interview.

An investigatory interview is one in which a supervisor (or designee) questions an employee to obtain information which could be used as a basis for discipline or asks an employee to defend his/her conduct. Under NLRB v. Weingarten StoresInc., if an employee has a reasonable belief that discipline action may result from what she/he says, the employee has the right to request union representation.

Employee’s Rights and Obligations:

  • You are responsible to fully and honestly answer any questions about any matter under examination pertaining to your employment.
  • You do not have the right to refuse to answer questions in which your answers may lead to disciplinary action. Refusal to answer questions during an investigatory interview may itself lead to disciplinary action.
  • Under Garrity v. New Jersey, if the University orders you to provide testimony under threat of disciplinary actionand the information you give may be self-incriminating in any matter where there may be a violation of law (whether local, state, or Federal),your testimony cannot be used against you in a court of law and will not be disclosed to any law enforcement agency, unless your statement represents a clear and present danger to the life, safety, liberty, or property of others.
  • You do not have the right to refuse to answer questions in which your answers may lead to legal and/or disciplinary action being taken against another employee. Refusal to answer questions during an investigatory interview regarding your knowledge of another employee’s conduct may lead to disciplinary action.
  • If you refuse to provide information regarding the incident in question theUniversitywill use the information and facts available to reach a conclusion.

Labor Organization’sRepresentational Rights underWeingarten

  • The union representative has the right to be informed by the supervisor (or designee) of the subject matter of the investigatory interview.
  • The union representative can take the employee aside for a private conference (“caucus”) before, during, and after questioning.
  • The union representative can speak during the interview but cannot answer questions for the employee.
  • The union representative can request that the supervisor (or designee) clarify a question so that it can be more easily understood by the employee.
  • The union representative can give the employee advice on how to answer a question.
  • The union representative can provide additional information to the supervisor (or designee) at the end of the questioning.
  • The union representative does not have the right to tell the employee not to answer a question, to give false answers, or to withhold relevant information.

At the end of the investigatory interview, you may be asked by your supervisor (or designee)to provide a written and signed statement about the answers you provided during the interview. Your rights and obligations as outlined above are still applicable when making a signed, written statement.

CHOOSE ONE OPTION BY PUTTING YOUR INITIALS NEXT TO ONE OF THE FOLLOWING CHOICES BELOW:

I dowish to have union representation present before answering any questions.

I do not wish to have union representation prior to answering any questions. (If you choose not to have a union representative present but decide during the course of the investigatory interview that you would rather have a union representative, no further questions will be asked until a union representative is present.)

I fully understand the employee rights and obligation statement as outlined above.

Employee Name (Print)

EmployeeSignatureDate

Interviewer’s Signature Date