Member's and Steward's Rights During Interviews
If you are involved in an interview with the Postal Inspection Service or the Office of the Inspector General, you have specific rights.
At some point in your postal career, you may be approached by the Postal Inspection Service or the Office of the Inspector General (OIG) for an interview. Members and stewards have some specific rights during these interviews that can protect their interests.
Most importantly, members should NOT go into an investigatory interview without representation even if they ARE NOT GUILTY of wrongdoing.
Postal Inspectors and OIG Agents are law enforcement officers and are investigating criminal matters. Employees should be advised to remain silent until they have consulted with a Union representative or an attorney, regardless of what the agent may tell them.
If you are a steward and you believe that the employee is the subject of a criminal investigation, or that there are other legal issues involved, you may advise the employee to remain silent and decline to sign any statements or fill out any forms until after the employee has spoken with legal counsel.
Stewards have the right and responsibility to attempt to clarify facts, including the purpose of the interview or of information that is being provided during the interview, and to assist the employee in responding or explaining something. The steward does not have to remain a passive observer, but they should not turn the interrogation into an adversarial proceeding, either. You cannot prevent the agents from interviewing the employee, but you should actively advise and assist the employee. The steward may specifically ask if the employee is under arrest and/or whether the employee is the subject of a criminal investigation, or the suspect in a crime.
Stewards may advise an employee about whether or not to voluntarily submit to a polygraph examination as well as advising an employee about the consequences of giving a statement or not answering questions. This advice may be given in front of the agents, or alone in private. A steward has the right to interrupt the interrogation in order to speak
with the employee.
If inspectors or agents fail to allow the presence of a steward, or fail to respect the role of the steward, unfair labor practice charges can be filed. However, in order to make this charge, the employee must make it very clear that they are requesting representation.
