The issue in this grievance is whether management improperly denied the grievant's request for a union representative during a investigatory interview. The parties at this level agree that under the Weingarten rule, the Employer must provide a union representative to the employee during the course of its investigatory meeting where the employee requests such representation and the employee has a reasonable belief that discussions during the meeting might lead to discipline (against the employee). Whether or not an employee reasonably believes that discipline will result from the investigatory interview is a factual dispute suitable for regional determination based upon the particular circumstances. Accordingly, we agreed to remand this case to the parties at Step 3 for further processing, including arbitration if necessary.
Document Type: Step 4 Agreement
APWU National Grievance Number: H4C4KC11812
Craft: Clerk