Bill
of Rights
To insure that individual rights of employees in the PS&T Unit are maintained, the following shall represent the employees’ Bill of Rights.
1. In all disciplinary hearing proceedings under Article 33, the burden of proof that discipline is for just cause shall rest with the employer.
2. An employee shall be entitled to a union representative or an attorney at each step of a disciplinary proceeding instituted pursuant to Article 33 of this Agreement.
3. An employee shall be entitled to a union representative or an attorney at an interrogation if it is determined by the questioner or reviewer at that time that such employee is a likely subject for disciplinary action, pursuant to Article 33 of the Agreement.
4. No recording device shall be used nor shall any stenographic record be taken during an interrogation unless the employee is so advised in advance.
5. Except as provided in Section 7 below, no statement(s) or admission(s) made by an employee during an interrogation held without that employee having the opportunity of a union representative or an attorney, will be subsequently used in a disciplinary proceeding against such employee.
6. No employee against whom disciplinary action has been initiated shall be requested to sign any statement or admission of guilt, to be used in a disciplinary proceeding under Article 33 without the opportunity to have a union representative or an attorney.
7. An employee shall be entitled to a union representative at each step of the grievance procedure pursuant to Article 34 of this Agreement.
8. An employee shall not be coerced or suffer any reprisal either directly or indirectly that may adversely affect that individual’s hours, wages or working conditions as the result of the exercise of the rights provided by Article 33 of this Agreement.
9. Disagreements arising as to the interpretation or application of this Bill of Rights shall not be specifically addressed under this Bill of Rights but must be grieved under the appropriate Article contained in the Agreement.
10. This Bill of Rights is not intended to be a complete list of all of the rights contained in the Agreement, nor is it intended to limit, restrict, or modify in any way those provisions of the Agreement which contain the rights of employees.