By Randy Grams

An investigatory interview occurs when a supervisor questions an employee to obtain information, which could be used as a basis for discipline or asks an employee to defend his or her conduct.

If your supervisor asks you to attend a meeting with him, and there are people in the room you don’t recognize (ie, security), you have a right to request union representation. If an employee has a reasonable belief that discipline or other adverse consequence may result from what he says the employee has a right to request union representation.

At the beginning of an investigatory interview, inform management that: “if this discussion could in any way lead to my being disciplined or affect my personal working conditions, I respectfully request that my union representative be present at the meeting. Without representation, I choose not to answer any questions.”

Things to remember: after the employee makes the request, the employer must choose from among three options. 1) The employer must grant the request and delay questioning until the union representative arrives and has a chance to consult privately with the employee; or 2) deny the request and end the interview immediately, or 3) give the employee a choice of (a) having the interview without representation or (b) ending the interview.

If the employer denies the request for Union representation, and continues to ask questions, it commits an unfair labor practice and the employee has a right to refuse to answer.

The employer may not discipline the employee for such a refusal. Also, the Union representative can serve as a witness to prevent supervisors from giving a false account of the conversations.