The 1199 Delegate's Role at the Investigatory Interview

All union workers have the right to have a delegate present in an investigatory interview. 
In the state employee sector, the employer must inform the worker that she/he
has the right to union representation.  But in the private sector (nursing homes,
hospitals, community programs), the employer is not required to tell a worker
she/he has a right to a delegate.  

Either way, workers should demand their right to a delegate.

Once you are with the worker, here are important things to remember:

As the Delegate, you can and should:

Urge workers to avoid signing "waivers" that allow the boss to       interview them without you, as a Delegate, present.  Take the worker aside for a private pre-interview.  Speak during the interview.  Ask the interviewer to clarify questions.  Advise the worker on how to answer questions.  Object if you feel the worker is being badgered or otherwise       not being treated with respect.  Object if the investigator asks questions that are too broad       ("What did you do last week?") and get the questions narrowed down.  Take a break during the interview if you feel it is necessary, and       especially if the worker is getting too upset.  Always get a copy of the statement immediately after the interview.

When the questioning ends, the investigator must record any additional
information you and the worker provide.

If both the employer and the police are present for an interview, you should
insist that the two interviews be separate.  Assume that anything said to the
boss will be used by the police, and vice versa.

There are some things that you, as the Delegate should NOT do:

You cannot advise the worker to refuse to answer or to lie       to the investigator.  It is not your job to represent a worker in a police interview.        Make a strong recommendation that the worker only speak to       police with an attorney present.

Also, be sure to tell the worker: