Representation at interactive process meeting?

pegcr

We have any employee who would like to bring a union rep to their first meeting of the interactive process to request an accommodation. This is clearly not a union matter, but the union rep has agreed to come on his own time. We are concerned because of the confidentiality of the medical information as well as because we normally do not allow outsiders into the process. What do you think?

LindaS

Since this meeting does not appear to involve any type of discipline, Weingarten rights would not apply so it would be up to you to decide whether or not to allow the union rep. there. The only reason I can think of for the ee to want one is to have someone who can verify what was said should there be a problem. If your only concern is the confidentiality of the medical information, ask the employee to provide something in writing verifying that it is at THEIR request the union rep. be there and you are not liable should any confidential information "leak" due to this additional person in the meeting.

Hatchetman

NLRB may have a position on this issue.

Remember, a union representing the employee is the exclusive bargaining agent for all employees under a contract. Thus, it is possible that the union may need to be consulted if there would be a change interms and conditions of emplyment resultng from implementation of a reasonable accommodation under ADA.

I wouldn't deny the emplyee the ability to bring a representative to an ADA "interactive process" meeting even if may not be required. But as technicality you should consult with legal counsel or the NLRB on whether you may be obligated to do that even if the employee is the one who initiated the request.