eZone   AFSCME Local 328
 4006 Barbur Blvd, Portland, OR 97239

Frequently Asked Questions - Investigatory meeting - previous case type

Is anyone avaiable to attend investigatory meeting today or tomorrow? I thought I started a case but have not heard back yet. Please contact by dickeyb@ohsu.edu

When you have a location, date and time, I will assign a steward to your case.  It is still out there waiting for additional information

I submitted a request but it states I don't have any requests pending

You case has been entered and we are currently seeking a Steward for your case.

I have an investigative meeting coming up. What will happen at the meeting and how can the Union help me?

An investigative meeting - whether or not it is official called an investigative meeting - is any meeting at which a manger is asking an employee question which the employee believes could result in discipline. Union members are entitled to have a Union Steward represent them at an investigatory meeting. See article 10.2 of the contract for the full text of the language describing your rights.

The information below is a quick outline of what your rights are and how the process works and what a steward can do at an investigatory meeting.

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

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

 

If two or three managers schedule a meeting with an employee to discuss time & attendance, and they say NOT to involve the Union, can a member request a steward anyway? They have questions and the employee is anxious.

Yes, they have the right if they reasonably believe discipline could result. The Manager, by stating not to involve the Union may be in violation of the contract and subject to a grievance if they persist in that course of action. This is one of those clear cut cases that can probably be resolved by asking a union representative to intervene with Human Resources to set the managers straight.

Can you tell me specifically if vacation and sick hour are counted in the calculation to determine seniority points? It does not say either way in the contract

 Yes, they are.

 

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