Dear COBA Members;

The following is an important reminder to all COBA Members of your rights under the law with regard to ANY interviews or questioning conducted by the Department. Particularly Internal Affairs interviews, which could lead to discipline. This whether you are a potential witness or an alleged target of an investigation.

Understand that ANY TIME you are directed to report for ANY interview by either Internal Affairs or the Administration, you should contact COBA to assure that the Union is aware of this interview and for direction on how to proceed. This includes situations when investigators or Dept representatives come to your location and begin asking questions.

NEVER assume that the Dept has notified the Union of this interview.

More importantly, if you are ever told by a representative of the Dept that you "do not need a Union rep", you should notify the Union of that immediately.

The Dept by law, cannot deny you the opportunity to speak with a Union rep and cannot attempt to persuade you from speaking with the Union.

Below is a reminder of what is known as your "Weingarten Rights". These rights were established by the Supreme Court in 1975 and must be invoked by YOU the employee. As I said, the employer by law, cannot persuade you from talking to the Union, but they also have no obligation to inform you of your right to Union representation.

Weingarten Rules:

When an investigatory interview occurs, the following rules apply:

Rule 1: The employee must make a clear request for Union representation before or during the interview. The employee cannot be punished/disciplined for making this request.

Rule 2: After the employee makes the request, the supervisor has 3 options.

He/she must either:

• Grant the request and delay the interview until the Union representative arrives and has a chance to consult privately with the employee or;
• Deny the request and end the interview immediately or ;
• Give the employee a choice of :

a.) having the interview without representation or;

b.) ending the interview

Rule 3: If the supervisor denies the request and continues to ask questions, this is an unfair labor practice and the employee has a right to refuse to answer any questions. The employee cannot be disciplined for such refusal but may be required to stay in place until the supervisor terminates the interview. Leaving before being dismissed may constitute insubordination.

Always know your rights!!

If you are ever unsure of what your employment rights are, always consult with a Union rep.

Brian Sullivan, COBA President