From A to Arbitration

Episode 3: The Investigative Interview

Corey discusses the importance of the investigative interview in the grievance process, and how a poorly conducted interview can jeopardize the entire case. He stresses the importance of the carrier’s right to a pre-interview consultation with a shop steward prior to the investigative interview. Corey describes the procedure for what the steward is to expect and how to conduct their business during the interview. He further emphasizes that this right is protected by Weingarten rights (NLRB vs. Weingarten, Inc. 1975) and that the shop steward should not be a silent observer during the interview. The shop steward should be actively involved and ensure the carrier is aware of their rights. He also highlights the importance of writing down questions and answers verbatim and avoiding leading or accusatory questions from management. The carrier’s right to know the charges against them and defend themselves before discipline is initiated, as it is their “day in court,” and that management must have just cause for discipline.

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