When meetings are convened by University management for the purpose
of investigating facts which could reasonably lead to disciplinary
action, an employee is entitled to have a representative present at
the meeting if he or she requests one. All University employees are
entitled to representation by law in this type of circumstance. Courts
have also held that the existence of other "highly unusual circumstances,"
absent the disciplinary element, confer the right to representation.
However, routine meetings called to discuss performance issues, including
evaluations or work instructions, do not give rise to employee representational
rights.
The right to be represented also exists at all stages of grievance
procedures under University policies and collective bargaining agreements.
Most collective bargaining contracts, and our practice at UCSB regarding
all staff, recognize the employee's right to be represented in meetings
called to attempt informal resolution of any employee relations matter.
The point at which representational rights apply may not be clear.
The issue may arise during a meeting in which you do not contemplate
disciplinary action, but the employee's reasonable belief, based on
the course of the meeting, is that discipline may be an outcome. In
these circumstances, an employee may request the presence of a representative
before continuing with the meeting. Employee & Labor Relations advises
that you address the representational issue before proceeding; consequently,
you should postpone the meeting until you can resolve the representational
question, in consultation with our office.
As many of you know through your experiences, the practice at UCSB
is for Employee & Labor Relations to coordinate and be present at
meetings with employees and their representatives. We ask that you
continue to keep Employee & Labor Relations informed of your plans
to meet with employees under these circumstances, and certainly whenever
an employee representative contacts you directly for a meeting. Please
contact us if an employee representational question arises in your
department, or you have other questions or comments about employee
representation.
Employee's Right to Representation