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
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
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
3) Record the interrogator's pocket commission or
4) Maintain a business‑like demeanor throughout the
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
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
8. The employee's time and attendance, travel,
and daily activity records.