In response to reports that some supervisors are denying employees proper representation, Baltimore County Federation of Public Employees (BCFPE) president John Ripley wants members to know that union representation is their right. President Ripley says that it is important that union members know it is their responsibility to request to have a representative present during an interview with a supervisor. Ripley reports that some supervisors are denying an employee representation, by saying that a meeting is a “Fact Finding," not an investigatory inquiry. Employees cannot refuse orders from a supervisor to meet, but they should report the denial of representation to the union for investigation.
President Ripley notes that Section 11.3 - Investigatory Interview, of the BCFPE Memorandum of Understanding reads: “An employee who is the subject of an investigatory interview that the employee reasonably believes may lead to disciplinary action may request to have a Federation representative present during the interview. Management shall allow reasonable time for the Federation representative to attend the interview, but in no case less than one (1) hour. Provided, however, that this Section will not apply where an immediate investigatory interview is an operational necessity. Supervisors will be held accountable by the Administrative Officer for compliance with this Section; failure by management to comply with this Section is not grievable by the affected employee and will not affect any disciplinary action that may be taken.
“Any employee under administrative investigation by the Police Internal Affairs Unit shall be informed in writing of the nature of the investigation prior to any interrogation or questioning. Upon appeal, the investigatory file from Internal Affairs may be reviewed by the employee and/or his representative no less than seven (7) days prior to the hearing.”
3/26/14