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Witness Statements on incidences
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<blockquote data-quote="Stone" data-source="post: 1679547" data-attributes="member: 58801"><p><u><strong><em>UPDATE</em></strong></u>: Talked to the Local Union Business Agent. He stated that I do not have to file a statement and that them trying to force me to do one was against my rights by law and by contract. However, he did state that if they do an investigation and call me in for an interview, that I must cooperate, kind of as if I was being subpoenaed to court. How I cooperate depends on me, but cooperate I must. Basically he said answer yes or no questions and do not add any details on the issue or state "I do not recall what actually happened". As far as the insubordination issue for not filing a statement, he said they had an issue concerning this about a month ago and the Security Department tried to strong arm a guy the same way into filing a statement by threatening his job, even though he committed the infraction and was going to be fired anyways. The Union Rep talked to the UPS Labor Relations Officer and they agreed that should have not happened and was unfair to the employee and that the issue would be handled and corrected so that it would not happen again. But, alas, they did it to me and only being a witness. So, the answer to the question is: You have the right to not file a statement whether a witness or a perpetrator and they have no right to try and strong arm you into doing so. So I would advise you all that if you are in a situation to where they are trying to get you to file a statement you should write on it "I refuse to file a statement at this time until I talk to my Local Union Business Agent about the issue". This not only keeps them on their toes but makes them realize that they can not make, strong arm you, or threaten you in anyway into doing their bidding and not only trying to protect yourself whether you are right or wrong. However, if you are called into an investigation interview, you must cooperate but you should only answer YES or NO questions and then don't recall detail or don't remember something. Hope this helps you all out if you have an issue like this.</p></blockquote><p></p>
[QUOTE="Stone, post: 1679547, member: 58801"] [U][B][I]UPDATE[/I][/B][/U]: Talked to the Local Union Business Agent. He stated that I do not have to file a statement and that them trying to force me to do one was against my rights by law and by contract. However, he did state that if they do an investigation and call me in for an interview, that I must cooperate, kind of as if I was being subpoenaed to court. How I cooperate depends on me, but cooperate I must. Basically he said answer yes or no questions and do not add any details on the issue or state "I do not recall what actually happened". As far as the insubordination issue for not filing a statement, he said they had an issue concerning this about a month ago and the Security Department tried to strong arm a guy the same way into filing a statement by threatening his job, even though he committed the infraction and was going to be fired anyways. The Union Rep talked to the UPS Labor Relations Officer and they agreed that should have not happened and was unfair to the employee and that the issue would be handled and corrected so that it would not happen again. But, alas, they did it to me and only being a witness. So, the answer to the question is: You have the right to not file a statement whether a witness or a perpetrator and they have no right to try and strong arm you into doing so. So I would advise you all that if you are in a situation to where they are trying to get you to file a statement you should write on it "I refuse to file a statement at this time until I talk to my Local Union Business Agent about the issue". This not only keeps them on their toes but makes them realize that they can not make, strong arm you, or threaten you in anyway into doing their bidding and not only trying to protect yourself whether you are right or wrong. However, if you are called into an investigation interview, you must cooperate but you should only answer YES or NO questions and then don't recall detail or don't remember something. Hope this helps you all out if you have an issue like this. [/QUOTE]
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