Who Should Attend the Counseling Session

Because counseling is intended to be a discussion between a supervisor and an employee, it is generally best to confine attendance at the session to the supervisor and the employee. The presence of additional parties, whether they be additional supervisors or union representatives, may increase the perceived level of conflict and pressure one or both sides into posturing, thereby decreasing the likelihood for open and constructive dialogue. Supervisors should consult with Human Resource Management for guidance on this topic.

Counseling is most likely to be productive when it is a private conversation with just the employee and their supervisor. Many employees will ask that they be accompanied by a union representative during a counseling session. The contracts do not provide for union representation in a counseling session, except for employees in the security bargaining units. These employees are entitled to union representation in counseling situations where more than one supervisor is present.

Although it is not required, a supervisor may permit a union representative to be present at a counseling session. This is at the supervisor's discretion. It is not a good idea to permit union representation to become the norm rather than the exception. However, in some instances the supervisor may believe that the presence of the union representative will help to solve the problem.

An employee is entitled to representation when the employee is the "target" of a disciplinary investigation. When counseling an employee, the supervisor has determined that discipline is not appropriate; therefore, the employee is not a "target of discipline" and does not have the right to representation. Nonetheless, if during the counseling session the employee does disclose information which would warrant disciplinary action, the supervisor must halt the session, advising the employee of the right to representation before continuing. If you are unsure what action to take, it is usually best to halt the session and seek advice. Questions concerning this issue should be directed to your supervisor or Human Resource Management.