A publication of the National Air Traffic Controllers Association
Issue link: http://natca.uberflip.com/i/715503
6 If the Employee so desires, he/she shall be given a reasonable opportunity both to obtain such representation, and confer confidentially with the representative before beginning or resuming the meeting. B . Formal Discussion: The Employer recognizes the right of the Union to be represented at all formal discussions between Management and Employees, or Employee Representatives concerning grievances, personnel policies and practices, or other gen eral conditions of employment. The Employer shall provide advance notification to the Union and will advise the Union of the subject matter and intended agenda. The Union shall be given an opportunity to designate a Representative to attend such meetings. Section 2. In an interview where possible criminal proceedings may result and the employee is the subject of the investigation, the employee will be informed of the general nature of the matter (i.e., criminal or administrative misconduct) being invest igated, and upon request, be informed whether or not the interview is related to possible criminal misconduct by him/her. The employee will be required to answer questions only after he/she has been informed that he/she must answer questions specifically r elated to their job performance or face disciplinary action. Any answers given under these circumstances are considered involuntary. Such answers may not be used against the employee in a subsequent criminal proceeding, except for possible perjury charges for giving any false answers while under oath. If a written declination of criminal prosecution is received from the appropriate authority, the employee will be provided a copy, unless otherwise prohibited by law. Section 3. A Union Representative, whi le performing his/her representational duties, will not be required to disclose information obtained from a BUE who is the subject of an investigation, unless the confidentiality of the conversation with that Employee is waived by the Representative and th e Employee or disclosure is otherwise required by law or regulation. Section 4. The provisions of the Article also govern those investigations, meetings, and discussions held through any electronic medium. ARTICLE 5 EMPLOYER RIGHTS Section 1. The Parti es agree that nothing in this Agreement shall affect the authority of any management official: