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13. In the pre-interview consultation, tell the employee the type of discipline usually given for the
violation allegedly committed.
14. No investigatory interview should be conducted by the management representative with the State
Highway Patrol present in the room. If both are in the room, take the management person aside
and explain to them about the person’s right to remain silent and not incriminate themselves before
the State Highway Patrol.
15. The Union representative cannot turn the investigatory interview into an adversarial proceeding.
Don’t start fighting with the interviewer.
16. The steward must be allowed to speak during the interview. However, the steward does not have
the right to bargain over the purpose of the interview.
17. The steward can request that the supervisor clarify a question so that the worker can understand
what is being asked.
18. In the investigatory interview, the Union representative has to be careful about interrupting the
employer’s questions since it can be construed as interfering with an investigation.
19. If the need arises because the employee is getting emotionally upset or confused, ask the employer
if you can caucus with the employee for a few minutes.
20. Before the investigatory interview ends, the Union representative can add anything that the
employee has neglected to mention. The Union representative can explain an employee’s answer.
Make sure that you mention all clarifications, additions and mitigating circumstances that the
employee forgot to mention before the investigatory interview ends.
21. Make an internal file for each person’s investigatory interview and write down what occurred
during the investigatory interview including a Garrity warning, copies of any evidence submitted,
and discipline threatened against the Union representative, and notes of the hearing.
It must be emphasized that if the Weingarten rules are complied with, stewards have no right to tell
workers not to answer questions, or to give false answers.
Workers can be disciplined if they refuse to answer questions unless there is a potential criminal
investigation and the employer has refused to give the Garrity warning.
The Union has no right to represent an employee in a performance evaluation process. The Union
does not provide an attorney for representation in criminal matters. It is the employee’s responsibility to
select and pay for outside counsel in a criminal case.
Investigations for Pre-Disciplinary Meetings
Many times stewards are made aware of events that probably will give rise to disciplinary actions
even before they have received formal notice that a pre-disciplinary meeting will be conducted.
It is very important for the steward to be the first one at the scene, if at all possible. The steward
should be contacting, interviewing and taking statements from witnesses and the accused. Statement
and interview will set the facts in your mind more solidly than trying to recall the event days or weeks
after it has happened.
In addition to taking statements and interviewing witnesses, the stewards should tour the physical
location of the event, if the location is relevant. Take measurements, re-enact events and make a map of
the area if it is necessary to explain what led to the dispute.
Prior to the pre-disciplinary meting, management is to notify the employee of the reasons for and
the form of discipline. This notice should cue you into what work rules, policies and procedures you
would review and what other type of information would be relevant. You will conduct your
investigation for a pre-disciplinary meeting in much the same way you would for a disciplinary grievance
already filed.
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