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Member Rights /
Representation
MEETING WITH ADMINISTRATION - WHEN TO ASK FOR A REP
Q: When should I ask for a union rep?
A: When you reasonably believe you could be
disciplined or have changed working conditions.
Seek a union rep immediately if you are:
• Informed of a meeting with your
administrator and urged to bring a union rep
• Notified that you need to attend a Labor
Relations Due Process conference.
• Asked questions by your administrator
that seem disciplinary – stop the meeting immediately and ask for a rep!
• Asked for a written statement – Inform
your administrator that you will respond shortly and contact your Union Rep or
MFT Business Agent ASAP to have it reviewed.
• Placed on administrative leave (A letter
will be given to you or will follow in the mail – go home if directed and do
not contact colleagues or students after that)
Q: What are my rights to representation when
meeting with an administrator?
A: You need to speak up to get a
steward! If you believe discipline might reasonably
result from the meeting or the administrator confirms that it is possible if you ask. If
the
administrator states that it is not disciplinary, then you need to
remain vigilant and ask for a steward if it begins to feel
disciplinary. Administrators will usually advise you to bring a
union rep to the meeting, but it is not their job to act as your
advocate - so remain vigilant about your rights.
Q: Can I
delay a meeting to get a rep?
You cannot unreasonably delay a
meeting. You can request to reschedule. The steward can take notes at your meeting. Once you have the steward present, you and the steward are allowed a
brief time to talk before the meeting continues. If
there is serious conduct or possibly criminal conduct involved, then
you may be best advised not to answer any questions without consulting
with MFT ASAP.
Q: Does the administrator need to tell me I
can have a union rep?
A: Best practice is that an administrator will
suggest you bring a rep. Bottom line,
you need to stop responding and request a union rep before continuing the
meeting if you believe that discipline may occur. You may ask if there “could” be
discipline. The administrator should be
candid if there is a possibility even if it depends upon the outcome. If you are concerned, we urge you to speak
up. You don’t have a right to a rep if
you are directly told that the meeting is not a topic that could lead to
discipline.
Q: When should I immediately contact MFT for advice?
A: Contact
MFT immediately whenever you
have been notified of a Due Process conference, placed on
administrative leave, or are aware of allegations of serious conduct. Serious conduct can include allegations of
physical force, maltreatment (emotional, physical, or sexual abuse), extreme
conduct (vulgar language especially combined with anger), intoxication, job
abandonment, etc. If you are asked to give an oral
or written statement to an administrator, police officer, representative from
MDE.Anytime you receive correspondence related to your employment, don't hesitate to contact us.
Q: What is a "Due Process"
conference?
A: A due process meeting is a conference
called by the Employee Relations to ask you questions.
You will receive a notice in writing from Employee Relations with the
date/time and attendees. It will help if
you communicate to your business agent some idea of what could arise at the
conference. The advice from MFT will be
more effective. If you are asked to provide an oral or
written account for an administrator, please check with a union rep before
doing so, unless there are extremely urgent circumstances (e.g., child
cannot be located). Committing your recollections to writing as soon as possible will be more reliable.
More
background: Cleveland Board of Education v. Loudermill, 470 U.S. 532 (1985) was a case decided by the
United States Supreme Court involving a public employee who was dismissed
without a pretermination hearing. It
established the right: 1) to be apprised of the employer’s
charges, evidence, or allegations; and, 2) to be afforded an opportunity to
respond before the decision is made.
Q: Do I have a right to know the charges, evidence or allegations before the due process meeting?
The District has the right to pursue an investigation confidentially.
Neither you nor MFT has a right to compel the investigatory information the
district may have. You have a right to have union representation with you should the District determine it needs to talk to you.
It is usually in your interest to attend and
respond on the record before they decide.
If there are serious allegations that could involve outside
authorities/agencies (liberty interests), then immediately contact a union rep
or MFT directly for more specific advice.
This is not a final conclusion of your
due process rights – you have extensive challenge rights that will depend upon
the merits and timeliness of seeking MFT’s assistance. The district is allowed to reach its decision
and you may have grievance rights. Talk
to your MFT rep about that. Your due
process rights end when any challenge rights you have are exhausted, not
at the end of the due process conference.
Q: Do I call for a sub while I attend a Relations Due Process conference?
(Teachers only)
A: Refer to your meeting notice for directions and how to code the system to obtain a sub. Let
the office know that you have taken steps to arrange coverage, since
your obligation is to attend the meeting without being responsible to
return to the site if the sub does not show up.
Q: Can I have a lawyer present at the Employee
Relations Due Process conference?
A: The MFT will represent you at the
conference. There are significant legal
rights subsequent to an employment decision.
In particular, your issue could go to an independent legal hearing
(called an arbitration) that would be the final, binding conclusion to
the matter. The District and the
employee are both usually represented by legal counsel at an arbitration.
Q: When does the union provide legal
representation to members?
MFT will specifically advise you when
you legal representation will be provided to you. You will need to be a member (not fairshare)
to receive legal representation for individual matters other than “defending
the contract” which may include:
- Police interview – indicate you’ll be in contact
soon and call MFT immediately
- Minnesota Dept of Education (MDE) interview on
concerns of maltreatment of a student (when you are the subject of the
investigation)
- Board
of Teaching or other licensing agency
investigations (you must maintain a "reserve membership" if your
employment ends - ask for the application from the MFT
office.)
MEMBERSHIP VS. FAIRSHARE
Q: When does it matter to be a member (vs.
fairshare)?
A: It matters if you
need:
Discharge cases, MDE maltreatment investigation interviews, Bd of
Teaching (teacher licensure) matters, initial assignment of counsel up to point
of criminal charges being filed.Grievance support should
an individual (not contract defense) issue go to arbitration
$1M liability policy
coverage (errors and omissions policy) – this covers defending civil
litigation, reimbursement of up to $35,000 in criminal defense acquittals
Continuous payment of
dues at the last level while active is required if matters are being pursued
while you are on leave or discharged
Q: How is
membership established?
A: Membership
is available to a licensed teacher who is performing union work, fills
out a membership card, and is not delinquent in their dues being
deducted from their pay.
To get a membership card
– ask a steward, call MFT, or come by MFT and get one filled out.
Dues “Check off” is
allowed under state law and the contract for any membership or share
amounts to be deducted automatically
“LOC59FS” means Local 59
Fairshare (not a member) fees are being deducted and you may not be a member
“LOCAL 59” means you are
a member according to our records
Any problems – contact
MFT/Mary Lachelt (mlachelt@mft59.org,
612-529-9621 x261) to determine whether your dues have been paid or are
delinquent.
Q: What is administrative leave? Can MPS place me on administrative
leave?
A: Administrative leave means you will still
be paid but are not to report to work or have contact with colleagues or
students. The District is legally
allowed to direct you to stay home and pay you while allegations are
investigated. This is often the
most difficult time in a teacher’s career.
Contact MFT for some proactive steps you can take while on leave to
prepare yourself. Do
not
attempt to contact any staff or students during this time, or attempt
to investigate on your own, as you may end up violating the directives
in the administrative letter and/or may be accused of retaliating
against those
who may have been asked for a statement in your matter.
Q: What is a Tennessen warning (Data Privacy Act Warning)
A: Tennessen
Warning is a requirement to tell you that your responses become part of the
District’s record. Under the MN Government Data Practices Act, the
school district needs to inform you of: 1) Why it’s being collected and how it will be
used. 2) Whether the individual can
refuse or is legally required to provide the data being requested from him or
her. 3) What consequences are of
supplying or not supplying the data. 4)
What other agencies or person will legally be able to get the data. Not
providing a “Tennessen Warning" means that the data cannot be kept or used
– but keep in mind that the warning can be easily remedied by giving it and
then asking you the same questions. A
Tennessen Warning does not have to be in writing, but a written Tennessen
Warning is recommended. See sample Tennessen Warning (Minnesota
Data Practices Information Form).
Q: What constitutes “discipline”?
A: Discipline is not being imposed when
you receive:
Notice of Concern and Expectation
Hallmark: Language to the effect of “This letter
shall serve as notice to you…”
Administrative leave for the purpose of
investigating is not disciplinary
Discipline is being imposed when you
receive:
A Notice of Deficiency, “Final Warning”, Last
Chance Agreement, an unpaid suspension, or discharge.
Hallmark of a disciplinary letter “Further
incidents will lead to further discipline…”
Q: How
much discipline is legally appropriate?
A: Discipline can be imposed with the purpose
of seeing that the conduct will not reoccur.
Harsher discipline will likely be upheld by an arbitrator if conduct
reoccurs after earlier discipline – especially if the conduct is similar or
creates a pattern. If the discipline is
consistent with or “lighter” than discipline generally imposed in other cases,
an arbitrator is less likely to favor a challenge on your case (MFT and/or
legal counsel can advise you whether this may be true in your case).
An employee’s entire employment record
is “in play” at any given time when discipline is considered – which means the
periods of good service as well as disciplinary incidents. Your employment files should be considered
important to protect, so make sure you ask about any grievance rights if you
get a letter.
Q: What triggers an investigation by the teacher licensing board (Board of Teaching, or “BOT”)?
A: Paid administrative leave, disciplinary
suspensions, terminations, job abandonment (not reporting for work and not being on leave) can result in an investigation by
the BOT. School districts are permitted to report other concerns like job abandonment. If the BOT activates an investigation of your license,
you will be individually notified by letter containing the concerns and advised
that you may respond within 30 days from the date of the letter. If
you are an active member of the MFT (i.e., signed a membership card and paying
member dues – not fairshare) at the time the letter arrives then you will get
legal assistance with your response. MFT
does not receive notification of this kind of investigation. If
you would like assistance, you should notify MFT immediately who will get you
in touch with Education Minnesota legal counsel. They will usually work
with you 1:1 to follow up and provide a written response to the charges in the
BOT letter. Do not ignore a BOT matter. Click: BOT Reporting Mandates (2008).
GRIEVANCES
Q: What is a grievance? Sample Grievance
A: Grievances are a legal challenge to the
District to remedy contract violations or unreasonable disciplinary
decisions. There are four levels: Building Meeting/Level I, District
Meeting/Level II, Mediation/Level III, and Binding Arbitration/Level IV.
MFT must support the grievance for it to go forward and expects your
participation and candid preparation of a written account of your issues or
concerns. With that in mind, please be prepared to:
- Keep a record - Write down the sequence of events,
keep track of documents, be prepared to concisely and accurately tell your
story or show your records and the source of support you have for your side of
the story, whether it would be witnesses, documents, past practices, etc.
- Pinpoint the issues, if asked to do so (What is
inaccurate in this letter?)
- Explore the assertions of the district (Why would
the district conclude that ….?)
- State what would resolve the dispute
- Exercise good faith in responding to the district's
assertions or giving credence to accurate assertions
- Consider writing a rebuttal to a written reprimand
if you cannot point to a factual inaccuracy in the reprimand letter
- Immediately contact an
MFT Business Agent and provide any correspondence that you receive.
Q: When/how is a grievance filed?
A: MFT exclusively files grievances on your behalf. They must be filed within 20
duty/school days
(weekends, breaks are not counted) from the
date of the "harm" (discipline or contract violation) occurs.
MFT cannot guarantee the outcome of a grievance, however, MFT's
grievance committee can recommend that a grievance be advanced to
binding arbitration to pursue a remedy.
Q: What rights do you have if you are
discharged from a tenured position for disciplinary reasons?
A: You have rights under the Teacher Tenure Act (MS122A.41). If
you
are terminated for cause, you need to be formally notified in writing by the Board of Education and individually file a
written challenge within 10 days of the date of the school board action. Note: ECFE and ABE teachers do not have statutory
rights to tenure status, but may have still have due process rights under the
contract. Contact MFT59 ASAP if you have been
discharged and have any questions about your rights - your case will be reviewed.
Q: What is realignment? Realignment FAQ
A:
Realignment typically involves retaining a singly licensed
teacher by moving a more senior teacher to another license ladder if
that would accomplish laying off a less senior teacher than the one
originally proposed for layoff. Whether it is mandated
depends upon current agreements between MFT and the District.
Whether realignment is mandated depends upon provisions of the Teacher
Tenure Act (MS 122A.41) and current agreements of MFT and MPS. As
of April 2010, realignment will not be used during 2010.
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