Presented by: Andrew Staiano & La Nita Dominique

Transcription

1 Presented by: Andrew Staiano & La Nita Dominique 1

2 ESTABLISHMENT OF EDUCATOR RIGHTS IN CA, PRIOR TO 1950, THERE WERE NO LEGAL PROTECTIONS FOR EDUCATION WORKERS FROM , EDUCATORS WON RIGHTS TO ADDRESS BOARDS OF EDUCATION IN 1965, CA PASSED THE WINTON ACT MEET AND CONFER ( MEET AND DEFER ) WRITTEN AGREEMENTS NOT BINDING, VERBAL AGREEMENTS NOT REQUIRED COLLECTIVE BARGAINING IN 1975, CA PASSED THE RODDA ACT (EDUCATIONAL EMPLOYMENT RELATIONS ACT - EERA) DEFINED UNITS FOR REPRESENTATION PROVIDES FOR EXCLUSIVE REPRESENTATION PUBLIC EMPLOYMENT RELATIONS BOARD (PERB) OVERSEES IMPLEMENTATION AND ENFORCEMENT INCLUDED RIGHT TO BARGAIN BINDING CONTRACTS, RIGHT TO GRIEVE THROUGH BINDING ARBITRATION, AND AN IMPASSE PROCEDURE 2

3 ROLES OF A SITE REP ADVOCATE ENFORCER ORGANIZER ROLE 1 ADVOCATE SITE REPS MUST ADVOCATE FOR ALL B.U.MS CERTIFICATED EMPLOYEES INCLUDING: (SEE RECOGNITION CLAUSE OF CBA) EXCLUDING ALL OTHER POSITIONS NOT DESIGNATED ALSO FAIR SHARE PAYERS AND CONSCIENTIOUS OBJECTORS 3

4 ROLE 1 ADVOCATE ASSUME AND ASSERT A PEER RELATIONSHIP WITH THE SITE ADMINISTRATOR(S) REMEMBER IN YOUR ROLE AS A SITE REP, A SITE ADMIN IS NOT YOUR SUPERVISOR SUPPORT AND DEFEND THE CBA AND THE RIGHTS OF MEMBERS ENSURE THAT APPROPRIATE AND TIMELY ACTIONS ARE TAKEN REPRESENT MEMBERS DUE PROCESS BELIEVE THAT AN INJURY TO ONE, IS AN INJURY TO ALL DUTY OF FAIR REPRESENTATION DUTY TO REPRESENT ALL UNIT EMPLOYEES. DUTY TO NEGOTIATE ON BEHALF OF ALL UNIT EMPLOYEES AND CONSIDER NON-JOINER VIEWS CONCERNING NEGOTIATIONS. DUTY TO BE FAMILIAR WITH THE CONTRACT. DUTY TO ADVISE UNIT EMPLOYEES OF THEIR LEGAL RIGHTS IN THE CONTEXT OF THE CONTRACT. DUTY TO PROCESS GRIEVANCE IN A NON-ARBITRARY, NON-DISCRIMINATORY AND GOOD FAITH MANNER. DUTY TO INVESTIGATE GRIEVANCES. DUTY TO SATISFY CONTRACTUAL TIME LIMITS. DUTY TO NOTIFY A GRIEVANT OF UNION DECISIONS. DUTY TO PRESENT A GOOD ARBITRATION CASE. DUTY TO ALLOW A GRIEVANT TO HAVE HIS/HER ATTORNEY PRESENT AT ARBITRATION PROCEEDINGS. 4

5 LIABILITY FOR BREACHES OF DFR THE UNION IS LIABLE FOR A BREACH OF THE DUTY OF FAIR REPRESENTATION, INCLUDING OFFICERS AND SITE REPS THE MOST COMMON RELIEF FOR A B.U.M. WHO HAS NOT BEEN FAIRLY REPRESENTED IS DECLARATORY/INJUNCTIVE RELIEF OR THE REWARDING OF MONETARY DAMAGES TO COVER LOSSES OF EARNINGS AND ATTORNEY FEES NEITHER UNION OFFICERS NOR SITE REPS ARE INDIVIDUALLY LIABLE FOR A BREACH OF THE DUTY OF FAIR REPRESENTATION UNION CODE OF CONDUCT I WILL NOT CRITICIZE ANY UNION COLLEAGUE EXCEPT TO THE INDIVIDUAL DIRECTLY. IF ANY UNION COLLEAGUE IS BEING CRITICIZED IN MY PRESENCE, I WILL CONFRONT THE CRITICISM AND ASK THAT IT STOP. I WILL NOT PARTICIPATE IN ANY CONVERSATION WITH MANAGEMENT THAT CRITICIZES, OR NEGATIVELY SPECULATES ABOUT, ANY UNION COLLEAGUE. I WILL SETTLE MY DIFFERENCES WITH COLLEAGUES WITHIN MY UNION. I WILL ENGAGE IN DEBATE, OFFER OTHERS EVERY OPPORTUNITY FOR DEBATE AND RESPECT MINORITY VIEWPOINTS, BUT I WILL OBSERVE AND SUPPORT THE MAJORITY MANDATE OF MY UNION. 5

6 WEINGARTEN RULE THIS IS A PRIVATE SECTOR RULE MADE APPLICABLE TO SCHOOL EMPLOYEES BY PERB (REDWOOD CCD V PERB, 159 CAL.APP.3D 617, 1984) YOU HAVE A RIGHT TO UNION REPRESENTATION DURING AN INVESTIGATORY INTERVIEW. AN INVESTIGATORY INTERVIEW OCCURS IF: 1) MANAGEMENT QUESTIONS YOU TO OBTAIN INFORMATION; AND 2) YOU HAVE A REASONABLE BELIEF THAT YOUR ANSWERS COULD BE USED AS A BASIS FOR DISCIPLINE OR OTHER ADVERSE ACTION. YOU MUST ASK FOR UNION REPRESENTATION EITHER PRIOR TO, AT THE BEGINNING OF, OR DURING, THE INTERVIEW. INTERVIEW MANAGEMENT DOES NOT HAVE TO REMIND YOU OF THIS RIGHT. IF YOUR REQUEST IS REFUSED AND MANAGEMENT CONTINUES ASKING QUESTIONS, YOU MAY REFUSE TO ANSWER, BUT YOU MUST REMAIN UNTIL MANAGEMENT TERMINATES THE INTERVIEW. YOUR EMPLOYER MAY BE GUILTY OF AN UNFAIR LABOR PRACTICE AND CHARGES MAY BE FILED. NO RIGHT TO REPRESENTATION FOR: ROUTINE INTERACTION WITH A SUPERVISOR RECEIPT OF NOTICE OF PREVIOUSLY DETERMINED DISCIPLINE RECEIPT OF A WORK DIRECTIVE ROUTINE FORMAL EVALUATION PROCEDURES 6

7 RIGHTS OF EMPLOYEES TO HAVE THE ASSISTANCE OF A UNION REPRESENTATIVE IF THE EMPLOYER DENIES THE REQUEST FOR UNION REPRESENTATION: EMPLOYER COMMITS UNFAIR PRACTICE. EMPLOYEE MAY REFUSE TO ANSWER AND THE EMPLOYER MAY NOT DISCIPLINE THE EMPLOYEE. REMEMBER THE EMPLOYEE MUST STAY AT THE MEETING UNTIL DISMISSED BY THE EMPLOYER. FAILURE TO DO SO MAY RESULT IN AN INSUBORDINATION CHARGE. INSUBORDINATION FAILURE TO OBEY AUTHORITY CAN GET YOU FIRED! COMPLAIN, COMPLY, GRIEVE EXCEPTIONS: DIRECTIVE IS ILLEGAL DIRECTIVE IS LIFE THREATENING TO SELF OR OTHERS 7

8 RIGHTS OF EMPLOYEES TO HAVE THE ASSISTANCE OF A UNION REPRESENTATIVE THE REPRESENTATIVE MUST BE ALLOWED TO: SPEAK DURING THE MEETING. PROVIDE ADDITIONAL INFORMATION. REQUEST THAT QUESTIONS BE CLARIFIED. ADVISE THE EMPLOYEE ON HOW TO ANSWER (OR NOT ANSWER) QUESTIONS. CALL A TIMEOUT TO CONFER WITH EMPLOYEE. WHAT IF? THE ADMINISTRATOR SAYS I CANNOT TALK IN THE MEETING? THE ADMINISTRATOR SAYS MY MEMBER CANNOT RESCHEDULE MEETING? THE ADMINISTRATOR SAYS MY MEMBER CANNOT HAVE UNION REPRESENTATION? THE ADMINISTRATOR SURPRISES MY MEMBER IN A MEETING? 8

9 ROLE 2 ENFORCER YOU DON T HAVE TO BE AN EXPERT ON THE CBA KEEP A HARD COPY WITH YOU FAMILIARIZE YOURSELF WITH THE CONTRACT KNOW WHERE TO GET ANSWERS IF THERE IS A QUESTION, USE THE MOMENT TO TEACH THE MEMBER - OR THE SUPERVISOR - ABOUT THE CONTRACT DON T MAKE STUFF UP ROLE 2 ENFORCER INDENTIFY POSSIBLE GRIEVANCES INFORM GRIEVANCE COMMITTEE AND LEADERSHIP OF ISSUES AT YOUR SITE ATTEND INFORMAL GRIEVANCE MEETINGS AND ASSIST IN THE PROCESSING OF LEVEL 1 GRIEVANCES AT YOUR SITE SEEK ASSISTANCE FROM LEADERSHIP AND PCS WHEN NECESSARY 9

10 IS IT A PROBLEM OR A GRIEVANCE? A PROBLEM IS A SET OF EXISTING CONDITIONS OR CIRCUMSTANCES THAT HAS AN ADVERSE EFFECT ON A UNIT MEMBER(S) AND IS NOT SPECIFIED IN EXISTING CONTRACT LANGUAGE. PROBLEMS BETWEEN MEMBERS CANNOT (SHOULD NOT) BE RESOLVED BY THE ASSOCIATION THERE IS NO GRIEVANCE UNLESS MANAGEMENT CAN BE HELD ACCOUNTABLE FOR THE RESOLUTION ORGANIZE! A GRIEVANCE IS A (WRITTEN) CLAIM THAT THERE HAS BEEN A VIOLATION, MISINTERPRETATION, OR MISAPPLICATION OF THE AGREEMENT. WHO IS A GRIEVANT? A GRIEVANT IS A: UNIT MEMBER GROUP OF UNIT MEMBERS THE ASSOCIATION... MAKING THE CLAIM. 10

11 GRIEVANCE PROCESS Refer to your CBA s Grievance Procedure Informal Level Informal conference with grievant s immediate supervisor Formal Level(s) Presentation of grievance in writing to immediate supervisor, Assistant Superintendent of Personnel or designee, Superintendent or designee, Governing Board,?? Arbitration Considerations: Is it winnable? Can the local afford it? What precedent(s) will be set? ROLE 3 ORGANIZER LISTEN TO MEMBERS WORK WITH MEMBERS ON ISSUES DEVELOP A CONSISTENT STRUCTURE FOR RELATIONAL CONVERSATIONS AT YOUR SITE DEVELOP PUBLIC RELATIONSHIPS WITH MEMBERS AT YOUR SITE SUPPORT UNION POSITIONS, POLICIES, LEADERSHIP, AND STAFF ENGAGE AND MOBILIZE MEMBERS TO CARRY OUT UNION PLANS AND ACTIONS THAT BUILD POWER 11

12 ROLE 3 ORGANIZER ATTEND ALL REP COUNCIL MEETINGS COLLECT INFORMATION FROM SITE MEMBERS TO RELAY TO REP COUNCIL SHARE INFORMATION FROM REP COUNCIL WITH SITE MEMBERS REPRESENT SITE MEMBERS IN REP COUNCIL VOTES EMPOWER SITE MEMBERS RECRUITING SITE REPS 12

13 ARE YOU LOOKING IN THE RIGHT PLACES? WHAT ARE OUR VALUES AS A LOCAL? PROGRESSIVE CORE VALUES 13

14 EMPATHY FAIRNESS, EQUITY, AND OPPORTUNITY - If you are neutral in situations of injustice, you have chosen the side of the oppressor. If an elephant has its foot on the tail of a mouse and you say that you are neutral, the mouse will not appreciate your neutrality. Bishop Desmond Tutu 14

15 VALUES ARE A PRIMARY MOTIVATOR RETURN TO THE SOCIAL CONTRACT 15

16 EDUCATORS FREQUENTLY WANT TO CHANGE THE WORLD ONE CHILD AT A TIME. WE OFTEN RESPOND TO EVOCATIVE SITUATIONS. WE NEED TO RECRUIT SITE REPS WHO SHARE THE CORE VALUES OF THE LOCAL WHO DO WE WANT? WHEN DO WE WANT THEM? 16

17 What Do Members Value? What Do Students Value? 17

18 What Do Community Members Value? What Do Value? 18

19 How Do We Know? THE BONES OF A UNION: WISHBONES SPEND THEIR TIME WISHING SOMEONE ELSE WOULD DO THE WORK JAWBONES DO PLENTY OF TALKING, BUT LITTLE ELSE BACKBONES TAKE OWNERSHIP OF THE ISSUES AND GET THE WORK DONE TOGETHER 19

20 Site reps are the backbones of a union Questions? 20