Re; The right to remain silent in an investigation meeting
Brothers and Sisters
On more than one occasion we have discussed the issue of what information you should divulge during an investigation. We have stated in past newsletters and bulletin’s that anything you say can and will be used against you. Arbitrators have said that when an investigation can lead to discipline, employees can remain silent but do so at their own peril.
During an investigation by management that may lead to discipline, arbitrators have said that employees must cooperate but that employees are not obliged to answer questions that amount to admitting wrongdoing.
This means that in a situation where management already knows all or most of the facts and the purpose of the meeting is to give you a chance to explain yourself, you do not have answer their questions.
In a situation where the questions are coming at an early stage and management does not know many of the facts of what happened, you will need to answer basic factual questions but you do not have to answer questions that will amount to admitting that you did something wrong.
To be clear about this, you certainly can answer all of management’s questions including ones that are self-incriminating, but you don’t have to. You don’t have to answer self-incriminating questions.
Again, as stated in past bulletins and newsletters, anything you say can and will be used against you.
Clint and I cannot stress enough the importance of having Union representation present during any and all meetings with management.
Please do not hesitate to see us for further information.
In Solidarity,
Joe D’ermo
Clinton Tucker
