Know Your Rights

WHEN YOU ARE CALLED IN TO MEET WITH YOUR SUPERVISOR, DO YOU KNOW WHAT RIGHTS YOU HAVE AS AN EMPLOYEE?

You have the RIGHT to ask what the meeting is about, and what will be discussed.

If the meeting is disciplinary, accusatory, or investigatory in nature, you have the RIGHT to have a Union representative present, if you have a reasonable belief that the interview could lead to discipline against you.

If your Union representative is not available, you have the RIGHT to ask that the meeting be rescheduled to another time when your representative is available.

If your supervisor orders you to attend the meeting, follow these steps:

1. Attend the meeting to avoid being accused of insubordination;

2. As the meeting begins, inform the person conducting the meeting that

(a) you are there under protest;

(b) you intend to file a grievance because you were denied your right to have your representative present; and

(c) you will stay in the meeting but will not participate in any discussion (you have the RIGHT to remain silent). Be sure to take notes of what is said to you. Do not respond to questions or accusations! If you receive a direct order to respond and you refuse the employer may seek insubordination charges against you. This charge will most likely not be upheld if you have correctly asserted your rights. EXEMPTION: If there is not reasonable cause for you to believe that discipline could be the result of your response(s) then you could be insubordinate if you do not cooperate and disciplined on that basis.

If you attend a meeting that starts off being routine, but during the course of the meeting you feel you are being accused, investigated or disciplined, you have the RIGHT to request that your representative be present for the rest of the meeting. If your request is denied, follow the steps above.

If your supervisor asks whether you agree to have the meeting tape-recorded or to have a stenographer present, you have the RIGHT to ask that this meeting NOT be conducted under those conditions. If your supervisor insists that the meeting be recorded, state on the record that you did not agree to this and then remain silent.

You have the RIGHT to inspect any record relating to your own service. You may have a representative with you when you inspect your file. You may ask that material(s) that is not accurate or complete be removed from your personnel file. If the material(s) is not removed it is advisable to attach a response or statement to the material(s).

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