MEMBER RIGHTS
- An Employee has a right to have a Union Representative in the following situations:
- Meetings with the employer which the employee reasonably believes might result in any type of discipline.
- Employee must request representation or it is waived. Employer is not required to tell the employee of their right to representation.
- Employer must describe the purpose of the meeting if asked but is not required to volunteer this information.
- Employee has a right to the Rep of their choice, if reasonably available.
- Employee has the right to consult with a Rep before the meeting, during work hours if feasible.
- In an evaluation observation or summary evaluation meeting where the outcome is, will be, or could be “less than satisfactory.”
- During a meeting when the meeting becomes disciplinary or negative toward the employee. The employee must ask for a Rep but once having asked, the employee does not have to participate beyond continuing to ask (repeatedly if necessary) for a Rep. Caution: physically leaving the meeting without permission could be insubordination, don’t.
- There is no right to representation for:
- Routine interaction with an administrator – the normal business of the school.
- Simply being informed of a discipline being imposed.
- Receiving a work directive.
- For criminal activity – the Rep does not have attorney/client privilege. Notify CTA staff (805-922-5707) immediately when you encounter a situation involving the possibility of criminal activity.
- The Rep must be allowed to:
- Be informed of the subject matter and speak up during the meeting.
- Request that questions be clarified.
- Object to intimidating tactics.
- Insure the interviewer gives an honest account.
- Request and to receive relevant information from the employer.
- Advise the employee on how to answer questions helping the employee avoid fatal admissions or insubordinate outbursts.
- Provide additional information once the meeting is over.
- The Rep’s rights:
- On arrival, the Rep can insist on being told the subject matter of the interview.
- Rep can request, and administration must allow, a caucus.
- When acting in official union capacity the Rep is no longer a subordinate employee role but becomes an equal with the administrator. The Rep can openly disagree or argue vigorously with administration.
- Object to questions perceived to be harassing.
- Cannot repeatedly interrupt, use profane language, or attempt to turn discussions in to a debate.
- If the employer denies the request for union representation:
- Employer commits unfair practice.
- Employee may refuse to answer questions and insist on a Rep before continuing. The employer may not discipline employee for doing so. Nothing said after the employer denies a Rep regarding an investigation can be used against the employee.