You have a right to seek remedial relief pursuant to protections afforded to you in the CBA, DPR and applicable laws and regulations.
- The CBA assures BUEs and union representatives that in seeking remedial relief you are “assured freedom from restraint, interference, coercion, discrimination, intimidation, or reprisal”. Management cannot restrain, interfere, coerce, or discriminate against any BUE seeking to have a union representative in any matter for which you have a grievance or seek remedial relief.
- The CBA specifically assures that filing of a grievance will not cause your standing with your supervisor to suffer nor will it reflect disloyalty or lack of desirability to the DOL.
Investigatory Interviews (“Weingarten meetings”)
You have a right to have a union representative present during an investigatory interview. An investigatory interview occurs when a supervisor, manager, official or agent of an agency questions you to obtain information that could result in a disciplinary or other adverse action. Performance review meetings do not constitute investigatory interviews. You may not be informed ahead of time that you have a right to a steward being present at such a meeting or a non-investigatory meeting may take a turn and morph into an investigatory interview. It is imperative that if you find yourself in such a meeting, you assert your right to have a union representative present. When you do so, the interviewing official must either (a) grant the request and delay or reschedule questioning until a union representative arrives and has had a chance to consult privately with you; (b) deny the request and end the interview immediately; or (c) give you a choice of having the interview without union representation or ending the interview. If your request is ignored and the questioning continues - an unfair labor practice (“ULP”) has been committed. If this ever happens, you should immediately inform a union official so that a ULP can be filed.
- Assert your rights any time you have a “reasonable belief” that discipline or other adverse consequences may result from what you say. Questioning that suggests an investigatory interview include: absenteeism, tardiness, rude or inappropriate behavior, damage to or inappropriate use of government property, drug tests, violation of safety rules, drinking while on duty, theft, falsifying work product, and fighting in the workplace.
- What should you say: If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working condition, I respectfully request that my union representative or steward be present at the meeting and without representation, I choose not to answer any question.
- Pursuant to the CBA, when an administrative investigation occurs, management must notify you of the deposition of the investigation. However, there is no time limit by which the notification must occur.