The economy has been bad for a while now. Most employers are
offering very little at the bargaining table. To add insult to
the meager wage increases they offer, they often try to decrease
employee’s net income by forcing employees to pay for an
ever-increasing portion of the cost of health insurance
premiums. Predictably, many more negotiations are ending up
going to fact-finding for resolution.
Less predictable has been the increase in the number of
grievances that are going to arbitration, especially
disciplinary cases. It seems as though everyone is a little less
likely to compromise, and a little more likely to go for the
jugular. With the increased discipline I have seen recently, I
thought it would be a good time to remind you of your Garrity
rights.
Garrity rights are based on a U. S. Supreme Court case back in
1967 that created the rules for interrogating public employees.
Employees must assert their Garrity rights whenever they believe
they are being investigated for possible criminal conduct or
they subject themselves to criminal liability. Garrity does not
protect you from being disciplined by your employer.
In order to truly invoke your Garrity rights, the Employer must
order you to answer the questions. They must also tell you that
if you do not answer you will be disciplined. If you give an
answer without being ordered or you are ordered but not told you
will be disciplined for not answering, you are not really
protected. Conversely, if you are not ordered to answer, you do
not have to answer. If you are asked, it is always wise to ask
the supervisor to clarify both if it is an order and if you
would be disciplined for refusing to answer.
Once you get protected, you should not have to worry about your
answers leading to criminal charges. Of course, that gives you
no protection from your employer disciplining you. There is no
protection from that save doing everything properly all the
time. Since that is not humanly possible, always remember to
think before you speak, document what you can, and call your
OPBA representative before you get yourself in trouble.
Business
Agent