Tag: size

Rights: Lunch

Modesto Teachers Association

FAQ

What breaks and lunches do I get at the PreK-6 elementary level?

PreK-6 elementary level teachers will have a duty free lunch of at least thirty minutes and all elementary grades shall have at least one recess that is a minimum of fifteen minutes.

Do I miss my lunch on a rainy day schedule at elementary?

Your admin should develop a system of coverage using yard duties. Only if your site is short handed, admin may need to create a rotating schedule. A duty free lunch may be circumvented by assigning additional duties on rainy days. On rainy days, for sites that are unable to develop a system to free teachers for their full lunch period, principals may assign on a rotating basis to supervise students. In all cases, teachers will receive a full thirty minute lunch [Article IV, K].

Prep providers must be scheduled as not to interfere with preparation delivery schedule and will receive a duty free lunch – 35 minutes, except for minimum days (activity schedule). [Article IV, H.14].

Computer Literacy Teachers will receive a 35-minute duty free lunch [Article IV, H.21].

Can a meeting be held during a lunch period?

No. The governing board of every school district shall allow each teacher employed for full time in any regular day school in which two or more teachers are employed, one duty-free lunch period each day in the manner and at the time prescribed by regulation of the State Board of Education [EC 44813].

Can a Data Dive be held during prep or elementary recess?

No. Per contract your 15 minute break and 30 minute lunch can not be interupted. A prep should be made up if it is a partial day professional development or Data Dive.

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.

Rights: Directive

Modesto Teachers Association

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.

Rights: Seizure

Modesto Teachers Association

FAQ

May a school official search an individual student?

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].

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.