During a unionized investigation, what should you do if a witness asks to speak with a union representative privately?

• A. Allow private meeting with union rep after every statement.
• B. Ignore the request.
• C. Answer questions immediately without rep.
• D. Offer to reschedule or wait for a union representative; proceed with the interview if the employee declines representation, and document the absence.

Answer: (D)

In a unionized investigation, employees have the right to representation when the questioning could lead to discipline. If a witness asks to speak with a union representative privately, you should honor that request by offering to reschedule or wait for the union representative to be present. If the employee declines representation, you may proceed with the interview but you should document that the employee chose to proceed without a rep. This protects the employee’s right to due process while keeping the investigation moving if the employee opts to continue unrepresented.

Ignoring the request or forcing the interview without a rep would undermine these rights, and allowing a private meeting after every statement goes beyond the standard practice of having the rep present during questioning.