You will analyze and then answer “yes” or “no” in replying to each of the tough contract administration questions provided in the “Labor Relations In Action” section of this week’s readings.

LABOR RELATIONS IN ACTION

Rules Governing Workplace Investigations

(1) The person assigned to be an investigator should not have an interest in the outcome of the case.

(2) The investigator should interview the person who reported an incident first.

(3) After the scene has been secured, the investigator should visit the scene before interviewing other witnesses.

(4) The investigator should collect physical evidence at the scene and prepare demonstrative evidence for the use of those individuals who will evaluate the evidence and make decisions about the validity of the findings.

(5) The investigator should interview witnesses and take written statements immediately after visiting the scene (evidence becomes tainted from memory loss and influence of others who have interests in the outcome of the investigation).

(6) The investigator should collect and review pertinent documentary evidence about the employee under investigation only after other types of information have been gathered.

(7) The investigator should conduct background interviews with supervisors, co-workers, medical professionals, and others who may provide relevant information that could help describe or explain what occurred.

(8) As the investigation nears completion, the investigator should conduct follow-up interviews to ask any question not thought of in the first interviews, to discover additional information, and to help resolve conflicting evidence already gathered.

(9) The investigator should write a final report which includes a summary of the findings, details of the investigative activities, the conclusion, and attachments of the evidence.

SOURCE: Antone Aboud, “Conducting a Fair Investigation,” The Dispute Resolution Journal, 60(3)(November 2004–January 2005), pp. 16-20.