Common use of Refusal to Answer Questions Clause in Contracts

Refusal to Answer Questions. In the case of an administrative investigation, before an employee may be charged with insubordination or like offense for refusing to answer questions or participate in an investigation, the employee shall be advised that such conduct, if continued, may be made the basis for such a charge. Except as set forth below, no employee shall be charged with insubordination where such refusal is based on the employee’s exercise of the rights afforded the employee in regard to a criminal investigation. However, if an employee is informed in writing by the investigating officer that his or her responses to questions will not result in criminal charges against the employee, and the employee is ordered to answer the questions, an employee’s refusal to answer questions or refusal to participate in the investigation may form the basis for a charge of insubordination.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement