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Employer’s Duty to Provide Information to the Union
in a Disciplinary Proceeding
Published April 16, 2004. A recent NYS PERB decision has reinforced the rights of public sector unions in New York with regard to obtaining information in disciplinary actions brought under contract disciplinary procedures. This decision does not apply to disciplinary actions brought under Civil Service Law §75.
A public employer has a duty to provide information relevant and necessary to a union’s administration of a collective bargaining agreement, including the investigation of grievances. PERB held that a union seeking to challenge a termination had a need to review the employer’s investigation reports relating to the disciplinary action in order to decide whether to go forward with the grievance. PERB stated that the union’s need for these documents outweighed the legitimate concerns that the employer raised about protecting the confidentiality of the complainants. The Board ordered disclosure of the investigation reports that summarized the background of the complaint against the grievant and his statements to the investigator.
The union’s right to be supplied with this type of background information on demand, in advance, to investigate disciplinary cases provides a strong tool in defense of employees. It is important that Local and Unit representatives keep a record of the names of employees the employer interviews when investigating a disciplinary matter, so that once the case goes to arbitration, the CSEA attorney can demand and receive disclosure of all appropriate information.
Check our website at www.csea9200.com for the latest info.
Karen
Pecora, 1st Vice President
Noel
De La Cruz,
2nd Vice President
Ed Magilton, 3rd Vice President,
P.
Andrew Swain, 4th Vice President
Joanne
Castaldo, Secretary Elio Giuliani, Treasurer
Jim Kelly, Sergeant at Arms
112 East Post Road, Room 428,
White Plains, New York, 10601- 3311
Phone
(914) 995-2151
Fax (914)
995-5629