FAQ
Note: Administration will often suggest, recommend, or inform teachers about practices, but those statements are not directives. Sending a clarifying carbon copied email (site rep and/or MTA) to your principal or supervisor is a good routine. Ask, “Is this a directive or request?”
What are my rights when summoned by an administrator?
If you are summoned by an administrator to an investigatory meeting that you believe might possibly result in disciplinary action against you, you have a legal right to union representation.
It is important to remember that you must make the request for representation. Use the Weingarten Statement below to invoke your right to union representation and contact your site representative and/or the Association.
Assert your Weingarten Rights to representation in meetings that you believe may lead to discipline [SCOTUS Decision: NLRB v. Weingarten, Inc. 420 U.S. 251 (1975)].
“If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union representative be present.”
Weingarten Rights
Is a teacher required to follow a directive from the principal or your immediate supervisor?
Yes, it is important to understand that the principal or your immediate supervisor has rights simply because he/she is “the boss.” Any principal/supervisor has the right to exert leadership; to direct institutional operations; to enforce rules, policies and reasonable orders and directions, as long as they conform to the contract and are clear/unambiguous and do not put you in danger of risking your health or safety.
What if the directive violates the contract or a safety risk?
Obey now, Grieve Later: If you are given a direct order that you do not believe is appropriate (it violates the contract, for example), you may ask your supervisor to clarify that he/she is in fact giving you an order or directive to do ______.
Contact your site representative and document the directive utilizing carbon copied emails to all parties. Once this is clear, you may say: “Fine. I will do what you are asking only because you are ordering me to do it. I will follow your directive under protest and against my better judgment and may take further action (grieve) later.” [SCOTUS Decision: NLRB v. Weingarten, Inc. 420 U.S. 251 (1975)].
Disclaimer:
This source provides general information about rights. The information made available is subject to change without notice. It does not provide legal advice and user assumes the risk of verifying any materials used or relied upon.
