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What should I do if I receive a notice or call from EEO or BITS?

Rights-when-called-by-EEO-BITS-40280304

The short answer is to not answer any questions and immediately call your Trustee.

Often, when either BITS or EEO is conducting an investigation, they will ask to speak with Members. There are two designations that a person being interviewed will be classified as: a subject or a witness.

If you are a subject, it means that BITS or EEO is investigating something that you allegedly did wrong. You are essentially a defendant.

If you are a witness, it means that the investigators believe you have knowledge of the circumstances of an incident.

In either classification, you have an obligation to cooperate with the investigation. That said, you have rights that are in place for your protection. Whether you are a witness or a subject, you have the right to have a union representative and/or an attorney present when you are questioned.

You should never answer questions without availing yourself of these rights.

If you are contacted directly, in person or by phone, by BITS or EEO, do not answer any questions and request the opportunity to call the UFA. Similarly, if you receive an Order to call or appear at BITS or EEO, make sure you call the Union before you do so. You should call your borough Trustee who will reach out to the attorneys and assist in guiding you through the process.

This right is articulated in Section V(E)(1) of the EEO Manual.

Indeed, it is also contained in Section 5 of the Individual Rights section of the Collective Bargaining Agreement.

If you have any questions about your rights, you can contact your attorneys, Michael Block and TJ McManus, at 212-732-9000 or here.

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