“An employee who is to be questioned by company representatives in the investigation of an incident which may result in disciplinary action being taken against him, will be informed of his rights to have a union representative present before such questioning begins.”

The above contract language gives employees at United Airlines the clear right to Union Representation during investigations. The Steward, in the same sentence, gains the right to be present during such investigations. It is important to note that it is the Company’s duty to inform the Member of his right to have a Union Representative present before questioning starts.

Contract language, such as this, clearly defines our Members right to Union representation during investigations which may lead to discipline. While the above language is not in every Collective Bargaining Agreement, the Supreme Court clearly acknowledges a Steward's right to assist and represent workers during an investigation. Cases decided by the Supreme Court have established the following:

• When the Steward arrives, management must inform the Steward of the subject matter of the interview; i.e., the type of conduct for which discipline is being considered.
   

• The Steward must be allowed to take the worker aside for a private pre-interview conference before questioning begins.
   

• The Steward must be allowed to speak during the interview. The Steward, however, does not have the right to bargain over the purpose of the interview.
   

• The Steward can request that management clarify a question so the worker can understand what is being asked.

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