Rachel Kyler, a Pennsylvania State Corrections Officers Association representative, attended an investigatory interview for corrections officer trainee Kayshawna Spriggs, who was under investigation for allegedly filing false misconduct reports against inmates at State Correctional Institute Huntingdon.
During the interview, Kyler repeatedly requested copies of the reports in question to assist Spriggs in responding to the allegations. When Lieutenant Kelsey Strong, the investigating officer, refused, Kyler — after being granted permission to speak freely — stated that the “lack of cooperation from the security office was disgusting.” Strong deemed the remark “borderline insubordinate” and removed Kyler as the union representative. Spriggs was allowed to select a replacement, and the interview proceeded without further issue. No disciplinary action was taken against Spriggs.
The Association filed a charge under Section 1201(a)(1) and (5) of the Public Employe Relations Act, arguing that Kyler’s removal violated Spriggs’ Weingarten rights — the right to union representation during investigatory interviews that could lead to discipline. The Hearing Examiner disagreed, ruling that while the interview was investigatory and Spriggs was entitled to representation, Kyler’s comment exceeded the permissible scope of a union representative’s role.
Under Weingarten, a union representative may assist the employee by clarifying facts, suggesting additional witnesses, or objecting to improper questioning, but may not turn the interview into an adversarial confrontation. The Hearing Examiner found that Kyler’s outburst was not an attempt to assist Spriggs but rather an inflammatory remark that disrupted the investigation.
The Hearing Examiner dismissed the charge, concluding that Kyler forfeited her right to remain in the interview by making a confrontational statement unrelated to fact-gathering or clarification. Strong’s refusal to provide the reports was deemed a legitimate investigatory tactic, as their authenticity was central to the inquiry.
Commonwealth of Pennsylvania, 57 PPER ¶ 9 (PLRB 2025).