RE: PSSRB Shneidman Decision - IAD Audits and Union Representation

Attached you will find the Shneidman Decision of the PSSRB dated September 9, 2004. This is an important decision for us as it confirms that IAD (Internal Affairs Division) investigations are discipline in nature and not administrative, as the CRA has professed and that the Union may represent members during these discipline investigations.

It is our position, that the members may have a Union representative for all IAD investigations. It is our job to represent and I quote the Adjudication Officer in the Shneidman case “A union representative cannot answer questions in the place of an employee but a represented employee may consult with a representative when she is being interviewed. A representative can also ensure that questions are clear and unambiguous, and that an employee understands what is being asked. A union representative’s role is to ensure that interviews are conducted with due process.”

Please conduct yourself accordingly for all future IAD investigations and never buy into the fact that the investigator may tell you that you may only “observe”.

In Solidarity,

Betty Bannon
National President