Current Employees

Right to Representation

 

When meetings are convened by your supervisor or other University personnel for the purpose of investigating facts which you reasonably believe could lead to disciplinary action, you are entitled to have a representative present at the meeting if you request one.

However, routine meetings called to discuss performance issues, including evaluations or work instructions, do not give rise to employee representational rights. In addition, there is no right to representation in a meeting called to present you with a corrective action or disciplinary letter.

The right to be represented also exists at all stages of grievance and complaint procedures under University policies and collective bargaining agreements. Most collective bargaining agreements, and our practice at UCSB regarding all staff, allow an employee to have a representative at meetings called to attempt informal resolution of an employee relations matter.

The point at which representational rights apply may not always be clear. The issue may arise during an investigatory meeting in which your supervisor does not contemplate disciplinary action, but your reasonable belief, based on past circumstances or the course of the meeting, may be that disciplinary action may be an outcome. In these circumstances, you have a right to request the presence of a representative before continuing with the meeting.

If you do request a representative, Employee & Labor Relations will coordinate the scheduling of the meeting with your representative and supervisor. Employee & Labor Relations will also participate in any meeting where an employee has a representative.

 

When the information presented on this web page or elsewhere on this site is in conflict with University policies, procedures or applicable collective bargaining agreements, the terms of those University policies, procedures and agreements shall govern.