Can
the principal make me do this? Can the district require that? Don’t I have
any rights? These inquiries come to us on a rather regular basis. If any of
these or other similar questions arise for you, you may need some help from
your SVEA Site Representative, the SVEA Grievance Chairperson (me!), or our
CTA Executive Director—or in an extreme case, one of our CTA Group Legal
Services attorneys.
You do have rights, and one of the most important one is your right to
representation. It is a right protected by our local collective bargaining
agreement (a.k.a., "the contract"), by the California Education Code, and by
court decisions. It is a right conveyed to make sure that employees are
dealt with fairly by their administrators. Here is how it works.
An employee has
the right to be represented by the Association when:
-
An administrator calls a conference
with the employee and there is reason to believe that the employee may
be subjected to a reprimand or disciplinary action.
-
An employee receives an adverse
evaluation, and a conference is scheduled to discuss the evaluation.
-
A complaint has been lodged against an
employee, and a meeting has been scheduled to question the employee with
respect to the allegations.
-
An employee has a grievance (i.e., the
employee alleges a violation of the contract). In this case, the
employee is entitled to Association representation at every step of the
grievance process, from the first informal conference to an arbitration
hearing.
Here are some additional considerations:
-
An employee has a right to know, in
advance, the purpose of any meeting with an administrator.
-
You may halt a conference already in
progress, if the conference becomes disciplinary in nature, and you may
demand postponement for a reasonable time so that you can obtain
representation. If the administrator refuses to allow a union
representative to be present, then the employee may refuse to attend the
meeting.
-
An employee has the right to expect an
administrator to schedule a meeting at a time and date that is
convenient for the employee and his/her representative.
Fortunately, for us here in SVUSD, we seldom have to invoke these rights;
however, if a problem does arise, do not ignore it. Often our problems are
more a matter of misunderstanding or lack of communication. What might seem
outrageous, at first, might actually be perfectly reasonable when presented
in its full context. But, in the event that you are faced with one of the
situations described above, do not hesitate to contact your SVEA Site
Representative. The Association’s assistance in protecting your rights is
only a phone call (or an e-mail) away. Should you need to contact me for
assistance, I may be reached at 949.951.5373 at voice mailbox #24, or via
e-mail at