Your Rights in an Investigative Interview

The Public Employment Relations Board (PERB) has held that when an employer conducts an investigatory interview to investigate allegations of misconduct against an employee, the union has the right to reasonable notice of the alleged wrongdoing in advance of the interview.

As part of protected representation rights, the union and the represented employee have the right to receive information about the nature of any alleged wrongdoing sufficiently in advance of the investigative interview to allow for consultation before, and to provide meaningful representation during the interview. The employer must provide more than a vague summary such as “The department is looking into alleged misconduct.”

Employers like to cite the need to protect the integrity of the investigation by not providing information prior to the investigatory interview, claiming that doing so will compromise the investigation.

PERB held that the employer must provide reasonable notice of the alleged misconduct and explained that: “An employer violates union and employee representational rights when it fails to provide sufficient information regarding alleged wrongdoing to enable a union representative to represent an employee in a meaningful manner during an investigatory interview. This is necessarily a fact-specific inquiry.” 

Refusing to give an employee the opportunity to confer with SLOCEA prior to the interview and failing to inform the employee and SLOCEA of the specific charges, the employer has thereby committed an unfair labor practice and SLOCEA has and will take action in charging the employer.

In advance of an investigatory interview, SLOCEA has a right to reasonable notice of the alleged wrongdoing or misconduct of a member that is being investigated. Should you receive notice of an investigatory interview, contact SLOCEA immediately, so that we can advise and assist you in your representation.

By Theresa Schultz, Senior Labor Representative