3 thoughts on “How many in Management can attend an Investigative Interview (II)?”

1. Union and NAME of Local/Branch
   APWU - Atlanta Metro Area Local 32
   Office held, if any
   Dir. R&E
   Email Address
   apwunodine@gmail.com

   I have summed up Brother National Industrial Relations Director Cash’s response to my question. Do NOT quote Brother National Industrial Relations Director Cash or me, or cite either of us if using this information! Find those regional arbitrations to cite yourself if you need a cite.

   If anything is lost in my translation, that’s on me. The essence of the main points Brother Cash told me was:

   Various regional arbitrations have determined that management may have a questioner and a notetaker/witness in the II.

   Only one of the management officials may ask questions.

   The management official asking questions MUST be the person who makes the determination on disciplinary action.

   A separate grievance is worth filing when management has more than one person in the II and it is always worth arguing that by having more than one management official in the II that the discipline is flawed because it wasn’t decided by one person.

   It is also worth filing a board charge on it as using more than one could be a violation of Section 7 of the NLRA as it could put a chilling effect on the collectively bargaining discipline process.

   Again, Do NOT quote Brother National Industrial Relations Director Cash or me, or cite either of us if using this information! Find those regional arbitrations to cite yourself if you need a cite.

2. Union and NAME of Local/Branch
   APWU - Philadelphia Area Local #89
   Office held, if any
   Retiree Advocate and Activist
   Email Address
   rzelznick@aol.com

   Not sure if this is relevant but the only thing I’ve been able to find in the CBA is in Article 15.2.Step 2 –

   “In addition, in cases involving discharge either party shall have the right to present no more than two (2) witnesses. Such right shall not preclude the parties from jointly agreeing to interview additional witnesses as provided above.”

   I take that to mean a total of 3 mgmt officials could be present as well as a union official and 2 witnesses for the grievant – unless of course the union and mgmt agree to more witnesses.

3. Union and NAME of Local/Branch
   APWU - Auburn WA Local
   Office held, if any
   President
   Email Address
   doncheney@live.com

   There is no maximum number that can attend an investigative interview. Postal Inspectors and OIG Agents interrogate in pairs. In a fatal accident investigation, there could be six management people.

   In the original U.S. Supreme Court case, the Weingarten employee was interrogated by the store manager and a loss prevention specialist. Denying the employee a union representative was what they did wrong. The U.S. Supreme Court did not put a limit on the number of interrogators.