210.17 Interviewing Bargaining Unit Employees. Requirements for interviewing bargaining unit employees have been established by statute and case law. See TIGTA’s investigatory interview procedures for bargaining unit employees available on the Internet at . The Civil Service Reform Act of 1978, states, in part, the following: "An exclusive representative of an appropriate unit in an agency shall be given the opportunity to be represented at any examination of an employee in the unit by a representative of the agency in connection with an investigation if the employee reasonably believes that the examination may result in disciplinary action against the employee, and the employee requests such representation." The Supreme Court has held that an Office of Inspector General is acting as a representative of the agency when interviewing bargaining unit employees, and therefore, a right to union representation exists. See for obtaining affidavits. 210.17.1 Contacting the Bargaining Unit Employee. Contact the employee’s manager to schedule an interview with any bargaining unit employee unless there are specific investigative or safety concerns that would make such contact unwise. When contacting the manager, advise the manager of the general subject matter of the interview, including whether the interview involves criminal or non-criminal issues, if known, and whether the employee is the subject of the investigation or a third-party witness. If contacting the employee directly to schedule an interview, provide the employee the following information whenever practical: The general subject of the interview, including whether the interview involves criminal or non-criminal matters, if known, except when doing so would undermine the investigation; If he/she is the subject of an employee investigation or is being interviewed as a third-party witness; If the employee reasonably believes that the interview may result in disciplinary action, the employee is entitled to request representation in the interview; and If the employee wishes to have union representation, the interview will be scheduled to allow the employee to seek representation, so long as it does not unduly delay the interview.
210.17 Interviewing Bargaining Unit Employees. Requirements for interviewing bargaining unit employees have been established by statute and case law. See TIGTA’s investigatory interview procedures for bargaining unit employees available on the Internet at . The Civil Service Reform Act of 1978, states, in part, the following: "An exclusive representative of an appropriate unit in an agency shall be given the opportunity to be represented at any examination of an employee in the unit by a representative of the agency in connection with an investigation if the employee reasonably believes that the examination may result in disciplinary action against the employee, and the employee requests such representation." The Supreme Court has held that an Office of Inspector General is acting as a representative of the agency when interviewing bargaining unit employees, and therefore, a right to union representation exists. See for obtaining affidavits. 210.17.1 Contacting the Bargaining Unit Employee. Contact the employee’s manager to schedule an interview with any bargaining unit employee unless there are specific investigative or safety concerns that would make such contact unwise. When contacting the manager, advise the manager of the general subject matter of the interview, including whether the interview involves criminal or non-criminal issues, if known, and whether the employee is the subject of the investigation or a third-party witness. If contacting the employee directly to schedule an interview, provide the employee the following information whenever practical: The general subject of the interview, including whether the interview involves criminal or non-criminal matters, if known, except when doing so would undermine the investigation; If he/she is the subject of an employee investigation or is being interviewed as a third-party witness; If the employee reasonably believes that the interview may result in disciplinary action, the employee is entitled to request representation in the interview; and If the employee wishes to have union representation, the interview will be scheduled to allow the employee to seek representation, so long as it does not unduly delay the interview.
chapter400-210.docx