The NAAE Reps Role in Weingarten Meetings

1)    Meet with the employee.  (NAAE‑negotiated contracts do not yet provide official time for this purpose, but that right will be a top priority demand during the next round of contract negotiations.)

2)    Caution the employee to respond truthfully, but to answer only the question asked.  (Never advise an employee to lie.)

3)    Advise the employee to try to respond with a simple "yes" or "no" answer.

!     NOTE:  Explain the difference between open‑ended and closed‑ended questions.  The representative must be alert for open‑ended questions ‑‑ for example, "tell us everything you know about ..." ‑‑ and must seek to have the questions framed more specifically.

4)    Advise the employee not to mention any other employee when responding.

5)    Advise the employee to testify only to matters about which he/she has definite knowledge.  ("I do not know" or "I do not remember" are perfectly acceptable answers.)

6)    Advise the employee never to testify to matters about which he/she is unsure.

REPRESENTING AN EMPLOYEE AT AN INTERVIEW

 1)   Arrive on time.

 2)   Introduce the employee and yourself to the interrogators.

 3)   Record the interrogator's pocket commission or badge number.

 4)   Maintain a business‑like demeanor throughout the interview.

 5)   Ask if the employee is suspected of a violation which might lead to criminal prosecution.  If the answer is yes:

a)     advise the employee not to respond further.

b)    ask the interrogator whether he/she plans to issue the employee the Miranda warning.

‑      if yes, advise the employee he/she should consult a criminal attorney

‑      if no, determine whether the investigation is administrative in nature.  If yes, the employee must respond or possibly suffer removal or other severe penalty.

 6)   Record all questions and answers.  Emphasize the need to be alert for open‑ended questions.

 7)   Take all regular breaks, and stop the interview at the end of the employee's regular workday.

 8)   Advise the employee not to sign anything until you have talked with your Regional Vice President.

 9)   After the interview is finished, inform the employee to request union representation if anyone begins once again to discuss the matter with him/her.

10)  Inform your Regional Vice President about the interview immediately after it ends.

  INFORMATION SOURCES FOR PREPARING A DEFENSE

1.     The appropriate NAAE‑agency contract.

2.     OPM and Agency regulations governing Agency management.

3.     Agency guidelines intended to assist supervisors decide whether to impose discipline.

4.     Documents and correspondence related to other similar cases.

5.   The Agency's table of discipline.

6.     The Agency's investigative reports related to the charges.

7.     The employee's prior disciplinary record and performance file.

8.     The employee's time and attendance, travel, and daily activity records.