Our MNPEA attorney was not available to be there with me on the date and time they wanted. I informed I.A. and THEY moved it to a time my Union Attorney could accompany me. (Keep in mind they moved the date so my MNPEA attorney could be there).
All was well until my MNPEA attorney and I appeared at I.A.
The Supervisor of I.A said, pointing at me, "You can come in." Then pointing at our attorney, "You cannot."
I explained that he was my Union representative and I was entitled to have him with me.
He looked at our lawyer and said, "He's just a witness and doesn't need representation."
I cited Weingarten and said because I could be subject to discipline I was entitled to Union representation. I explained that with my many years as a Union Steward I've seen times in I.A,. where someone who was just a witness suddenly became the focus and was subject to discipline. I also noted that if they accused me of lying I could be subject to discipline.
He still insisted I was "just a witness." I then brought up the Correctional Officers Discipline Procedures law. It states if a correctional officer is giving a formal statement they are entitled to representation. A recorded statement in I.A. IS a formal statement. All to no avail.
I then said, "Look, I'm here, my rep is here, let's just go in and get this done.."
His reply was, "We'll tell you if you need representation".
I finally stated, that I was willing to give a statement but that I wanted my rep or I would refuse.
He said "no," so I left.
Some additional facts. Everyone else called in on this investigation was allowed our attorney, except me.
Remember again, the original date of the interview was changed so my union could be there!
The Law is Clear!
Your right to representation is guaranteed by Weingarten.
In addition to guaranteeing the right to a union representative, Weingarten also states:
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.
and
MSS 241.026 CORRECTIONAL OFFICERS DISCIPLINE PROCEDURES
States:
(b) "Correctional officer" and "officer" mean a person employed by the state, a state correctional facility, or a local correctional or detention facility in a security capacity.
(c) "Formal statement" means the questioning of an officer in the course of obtaining a recorded, stenographic, or signed statement to be used as evidence in a disciplinary proceeding against the officer.
Subd. 4.Place of formal statement.
The formal statement must be taken at a facility of the employing or investigating agency or at a place agreed to by the investigating individual and the investigated officer.
Subd. 5.Admissions.
Before an officer's formal statement is taken, the officer shall be advised in writing or on the record that admissions made in the course of the formal statement may be used as evidence of misconduct or as a basis for discipline.
Subd. 10.Rights not reduced.
The rights of officers provided by this section are in addition to and do not diminish the rights and privileges of officers that are provided under an applicable collective bargaining agreement or any other applicable law.
An Internal Affairs Interview conducted by Detectives in I.A. and recorded is a Formal Statement that can result in discipline!
and
Article 34 of our contract:
Section 3. Employees will not be questioned concerning an administrative investigation of disciplinary action unless the employee has been given an opportunity to have a union representative present at such questioning. An employee desiring such opportunity shall promptly notify the EMPLOYER and arrange for such representation in a timely manner. The employee shall cooperate fully in such questioning providing full disclosure of all pertinent facts.
This is why you pay union dues. Union representation is your right.
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