many of us have been order to "put it in writing"? Only to have our
reports used as the basis of discipline? Before you "put it
in writing", the details
surrounding an incident that will lead to Departmental
charges, read these cases and consult with your Union Representative
and attorney. I believe that the Weingarten rules apply here,
courts have upheld that they do.
was of the
impression that when you
are told to "put it in writing", it is a "direct order"
and if you do not comply that you are insubordinate. The
Courts have ruled differently in this area and accordingly, if you are
asked to "put it in writing", you should immediately ask:
this lead to
the answer is
yes, request your Union Representative.
you are denied
your Union Representative, tell them you are invoking your Weingarten
decline to give the written account. If they persist, write
on the statement that you have been "compelled" to provide the
statement as a "direct order" and have been denied Union
Representation. The statement will more than likely be
inadmissable and any charges brought as a result of the statement will
Elizabethtown Police Assoc. v.
Elizabethtown Borough, 35 PPER 115 (PA/2004)
of Reading, 689 A2d 990
(Pa. Com. 1997)
Riverside, 976 F. Supp. 95 (C.D.Cal. 1997)
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