Tag: contract

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)].

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.

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)].

School officials may search an individual student, the student’s property, or District property under the student’s control when there is a reasonable suspicion that the search will uncover evidence that the student is violating the law, Board policy, administrative regulation, or other rules of the District or the school [MCS BP 5145.12].

Searches of individual students shall be conducted in the presence of at least two District employees. The principal or designee shall notify the parent/guardian of a student subjected to an individualized search as soon as possible after the search [MCS BP 5145.12].

By law, educators must be confidentially informed of each student who engaged in, or is reasonably suspected of, acts that are grounds for suspension or expulsion, within the past three years [EC 49079].

A school employee may take any injurious object away from any student while on school premises or under the authority of school personnel [EC 49331]

A teacher, vice principal, principal, or any other certificated employee of a school district, shall not be subject to criminal prosecution or criminal penalties for the exercise, during the performance of his duties, of the same degree of physical control over a pupil that a parent would be legally privileged to exercise. [EC 44807].

Whenever any employee of a school district or of the office of a county superintendent of schools is attacked, assaulted, or physically threatened by any pupil, it shall be the duty of the employee, and the duty of any person under whose direction or supervision the employee is employed in the public school system who has knowledge of the incident, to promptly report the incident to the appropriate law enforcement authorities of the county or city in which the incident occurred. Failure to make the report shall be an infraction punishable by a fine of not more than one thousand dollars ($1,000) [EC 44014].

Yes. Educators may suspend students from class for the day of suspension and the following day. Ask the parent or guardian to attend a conference regarding the class suspension as soon as possible [EC 48910; Article XXIV.H].

Yes, Parents/Guardians are liable for their minor children’s willful misconduct that causes injury to person and/or property [EC 48904; EC 48905].

Immediately stop and demand the attendance of a union representative or administrator if a parent or guardian meeting becomes unpleasant.