Did you know that it is a contractual right for you to have Union Representation when ever a supervisor asks a question that may lead to discipline or when written statements are requested? We highly recommended any union member to seek union representation if an investigation should occurs. It is difficult to exercise your right to representation once you have declined and a meeting/investigation has progressed.
A Union Representative has certain rights that the member doesn’t have such as, ask questions, object to questions, ask for recess and even postponement for reasonable just cause. Although you may not be the subject of the investigation, you still may have to testify at arbitration and without notes and witness, your words may be different or used against you. Furthermore, it is your right to bring an extra union member in as a scribe (person strictly to take well written notes) during the meeting.
One of the first questions to ask a supervisor is, ”Do I need representation?” If the supervisor says no, then no discipline can occur from the meeting other than a CR1 entry under the PPC program of coach and counseling.
Article 29, TWU-AA Agreement
(f) The Union does not question the right of the Company supervisors to manage and supervise the work force and make reasonable inquiries of employees, individually or collectively, in the normal course of work. In meetings for the purpose of investigation of any matter which may eventuate in the application of discipline or dismissal, or when written statements may be required, or of sufficient importance for the Company to have witnesses present, or to necessitate the presence of more than one Company supervisor, or during reasonable cause or post accident drug/alcohol testing as provided in Article 29(h), the Company will inform the employee of his right to have Union representation present. If the employee refuses representation, the supervisor’ s record will reflect his refusal