Q:
Is there a law that requires me to allow an employee to bring a union representative into a meeting where I plan to issue an opportunity period notice?
A:
Because the meeting is not disciplinary or investigatory in nature,
you are not obligated to allow union representation. The purpose of the
meeting is to explain your expectations of the employee and describe
any specific efforts you will be making to assist the employee in
improving his or her performance. Although any employee who is
being told that his or her work is unacceptable will view this as a
negative process, it is a meeting to discuss methods of assisting an
employee and is not disciplinary or punitive in nature.