Shop Stewards

Having a shop steward present at an investigatory interview can help an employee in many ways, the shop steward can;

• Serve as witness to prevent supervisors from giving a false account of the conversation..
• Object to intimidating tactics or confusing questions.
• Advise (where appropriate) an employee against denying everything.
• Raise extenuating circumstances.
• Warn an employee against losing his/her temper.
• Help an employee to avoid making incorrect admissions.

Some employers contend that the function of steward at an investigatory interview is to observe the discussion and be a silent witness. This is incorrect. The steward has the right to counsel the employee during the interview and to assist the employee to present the facts. legal cases have established the role of the steward as follows;

• The supervisor must inform the employee and the steward of the subject matter of the interview.
• The steward can take the employee aside for a private pre-interview conference before the questioning begins.
• The steward can speak during the interview ( but cannot obstruct it).
• The steward can advise the employee not to answer questions that are misleading, badgering, confusing or harassing.
• When the questioning ends, the steward can provide information to justify the employees' conduct.

Investigatory Interview

An investigatory interview occurs when management questions an employee with a view to obtain information and the employee has a reasonable belief that discipline or other adverse consequences may result from what he or she says. The questions may include the following issues;

• Absenteeism
• Lateness
• Poor performance
• Poor attitude
• Dishonesty
• Non compliance with work rules
• Falsification of records
• Accidents

Employees are reminded that not every discussion with management is an investigatory interview. For example, a supervisor or manager may wish to speak to an employee about the proper way in which a task should be executed. During this discussion the supervisor or manager may ask the employee questions related to the task, this would not therefore be an investigatory review as the possibility of disciplinary action is not evident and such discussions are routine. Should however the nature of the conversation change, for example the manager or supervisor is dissatisfied with the employees' responses and takes a hostile attitude, the meeting becomes an investigatory interview and the Weingarten Rules apply.

If a supervisor calls an employee to the office and issues a warning to or informs an employee of a disciplinary action that has already been decided, such a meeting would not be considered an investigatory interview, since the supervisor is just informing the employee of a previously arrived at decision. However if the supervisor asks questions that are related to the subject matter of the warning or disciplinary action then that meeting is considered an investigatory interview.

If an employee is called to a meeting with management, he or she should read the following statement before the meeting starts!

"If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union representative, officer or steward be present at this meeting. Without representation present, then I choose not to participate in this discussion"