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Ph: (612) 529-9621 Fax:
(612) 529-0539 |
Member Rights / Representation
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 loudermill meeting
• 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 a administrator? Can I
delay a meeting to get a rep?
A: You need to speak up to get a
steward! Your rights to
representation are determined by whether discipline might reasonably
result from the meeting. The
administrator should be candid if you ask whether discipline may result from
the meeting. If it “may”, then you
should get a steward. If the
administrator states that the meeting is not disciplinary, then your belief may
not be reasonable, but you should err on the side of getting a rep if you are
not sure and still concerned.
You cannot unreasonably delay a meeting. You are allowed to get a steward or a
colleague if the site lacks a steward.
You cannot put off the meeting if you prefer someone from MFT when a
steward is available. Once you have the
steward present, you and the steward are allowed a brief time to talk before
the meeting continues. The steward
cannot speak for you in response to the administrator’s questions. If there is serious conduct involved, then
make sure to consult your union steward and/or MFT to determine if it may be
best not to give a statement at that time (you are choosing risk
insubordination to do so if you believe that is a lesser consequence). You should ask to hear all of the
questions/concerns of the administrator and tell the administrator you will be
responding very soon.
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 contact MFT immediately for
advice?
A: Contact
MFT immediately whenever you have been notified of a loudermill, 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. Asked to give an oral
or written statement to an administrator, police officer, representative from
MDE.
Q: What is a loudermill?
A: A loudermill is a due process conference
called by Labor Relations to ask you questions.
You will receive a notice in writing from Labor Relations with the
date/time and attendees. Typically, but
not always, you will have some idea of what will arise at the loudermill. The advice from MFT will be more effective if
you write a careful account of any incident you are aware of as soon as you can
and get it to MFT. A recollection as
soon as possible after any incident will be more reliable, so don’t delay. This is not a final conclusion of your due
process rights. 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 loudermill conference.
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. This type of conference is an employment matter to apprise you of concerns
or allegations and obtain your responses before the District reaches a
decision. It is used in instances when the discipline will or may be less
than termination. You have a right to
have UNION representation present to observe the meeting. You do not have
a right to investigatory information the district may have. The conference will occur during paid time
(or you will be paid if it is over the summer).
It is usually in your interest to attend and respond. If there are serious allegations that could
involve outside authorities/agencies (liberty interests), then contact us
immediately for more specific advise/assistance. Also see:
http://humanresources.mpls.k12.mn.us/loudermill
Q: Who gets the sub while I attend a
loudermill? (Teachers only)
A: You do not need to call in for a sub
to attend a loudermill – the District has directed you to be at 807
instead of at your assigned workplace at the time of the loudermill. It is good practice to contact the
administrator to establish that coverage will be obtained by the administrator
and to know when you are required to be present if the meeting is during the duty
day.
Q: Can I have a lawyer present at the
loudermill?
A: You
are exclusively represented by MFT at a loudermill (as well as other
District-level investigations). A
loudermill is actually your opportunity to make statements that go into
the district’s record in response to evidence, allegations, or concerns the
District may be choosing to act on.
Should you wish to dispute the findings of the District after they have
heard your responses, then the union will advise you of your right to challenge
the District’s actions. If your dispute
will go to arbitration, you will have the right to have an attorney represent
you at that point because it is the final, binding conclusion to
the matter.
Q: When does the union provide legal
representation?
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
Q: When does it matter to be a member (vs.
fairshare)?
A: It matters if you think you may ever
need:
·
Legal representation statutory discharge
cases, MDE maltreatment investigation interviews, Bd of Teaching (teacher
licensure) matters, initial assignment of counsel up to point of criminal
charges being filed, etc. (Ask for Ed
Minnesota Legal Services Policies if you have a specific situation).
·
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 established by filling out a
membership card and seeing dues actually deducted from you 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 fairshare 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) and payroll@mpls.k12.mn.us
and indicate the specifics of what your stub is showing and what appears
incorrect.
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 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
licensing board (Board of Teaching “BOT”)?
A: Paid administrative leave, unpaid
suspensions, terminations, job abandonment can result in an investigation by
the BOT. School districts are
legislatively mandated to report suspensions and terminations (see MS122A.20 Subds
1-2) and are permitted to report other concerns like job abandonment or
licensure lapses. 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.
Q: What is a grievance? [View sample form]
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: A rievance must be filed 20 duty/school
days (weekends, breaks are not counted) to be counted from the date you are
disciplined or your contract rights are violated (i.e., a "harm" to
your employment rights must be pinpointed). Grievances are forms filed (by MFT only) to challenge disciplinary
actions and/or violations of the contract.
Q: Who “owns” the grievance and what duties
does a union member have to the union when a grievance is filed?
A: MFT is the only entity that
may file a grievance and has the right to withdraw/resolve the grievance with
or without the member’s consent.
Generally, the member is expected to participate, act in their own
interest, and always act in good faith.
If supported by the
Q: What rights do you have if you are
discharged ?
A: MFT will likely be advising you if
something as serious as discharge may occur.
However, it is ultimately incumbent upon a tenured teacher to respond
individually to a discharge letter. We
strongly encourage you to contact MFT for assistance once you receive the
letter. If you are discharged as a
tenured teacher, you have rights under the Teacher Tenure Act
(MS122A.41). The school board will need to take official action after
which you will receive a certified letter from the school board. If you feel your discharge is unjustified, we
advise you to respond to the directions in the school board letter carefully
and choose to request "a hearing before an arbitrator" specifically
within 10 days of the letter's date (otherwise you have effectively waived
hearing rights and acquiesced to the school board’s action).
Note: ESPs, ECFE ABE
teachers do not have statutory tenure rights allowing them to pursue a
challenge, but should contact MFT to be advised about any due process rights
that exist under their collective bargaining agreement for “just cause.”
Q: What is Realignment? Is it disciplinary?
A: Realignment
is regulated by the Teacher Tenure Act, legal decisions interpreting that act,
and any current agreements between MFT and the District. For a visual explanation of a typical
realignment example, click on Realignment FAQs. Contact a business agent at MFT if you have
further questions about realignment. It
is not disciplinary.
© 2003 Minneapolis Federation of Teachers 67-