Union investigations are conducted when a union member files a grievance against his or her employer. A union representative is assigned to investigate the incident and determine what further action and union intervention is warranted.

If a state employee is under investigation by a state agency, that agency is obligated under the law to notify the employee of the investigation, in writing.  Since investigations can lead to disciplinary action, it is important to know that the agency personnel responsible for the investigation must follow certain procedures.

Before an employee can be interviewed in an internal administrative investigation, the employer must first provide a “Notice of Employee Rights During and Internal Investigation” document. This notice must inform the employee of the allegation, the date and time of the interview and notification that the employee may choose to have a representative present.

Once the official notice of investigation has been received by the employee, the agency management has 90 days from that date to conclude the investigation.  An exception to that timeline can be requested by the appointing authority of the department, but they are obligated to follow specific procedures under the law and must also notify the employee in writing if such a request is made.

Should any employee be in a situation that does not appear to meet the requirements for investigations, please contact your local AFSCME Local 4041 office right away.

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