A Union of Professionals

 

MINNEAPOLIS FEDERATION OF TEACHERS AND ESP'S, LOCAL 59

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67 Eighth Avenue, NE
Mpls, MN 55413

Ph: (612) 529-9621

Fax: (612) 529-0539

 

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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 Union’s elected leadership, a grievance may be advanced to a final/binding procedure called arbitration.   Note:  If you are terminated, the union doesn’t file the challenge for you (but will assist if asked) - you must act individually to file a written challenge following the steps in your discharge letter from the school board.  (see discharge below)

 

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  67-8th Ave, NE Mpls, MN  55413  612-529-9621  All rights reserved.   Last Revised:   10/17/2008    webmaster@mft59.org