Union Representation
A guide to a
member’s right
to union
representation
Does This Sound
Familiar?
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You Need to Know….
Your rights under the
contract
How to exercise your
rights
What to do if denied your
rights
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Contractual Rights
Instructional, Article VII, Section
C-5
Any teacher required to attend a meeting
called by the administration for the
purpose of a reprimand which will
become part of the teacher’s record or for
action leading to suspension or for an
investigatory interview shall have the
right of Union representation at such a
meeting. If during a meeting as described
above, the teacher believes that the
discussion could lead to disciplinary
action, the teacher may ask that the
meeting be delayed or rescheduled until
Union representation can be provided.
This section shall not be interpreted to
apply to conferences relating to
observation or evaluation of instruction.
SRP, Article VII, Section A-4
Any SRP required to attend a meeting
called by the worksite supervisor or
designee for the purpose of a reprimand or
for action leading to suspension or for an
investigatory interview shall have the
right of Union representation at such
meeting. A worksite supervisor or
designee holding a meeting for the
purpose of a reprimand or for action
leading to suspension or for an
investigatory interview shall stop the
meeting until Union representation can be
obtained if the employee requests Union
representation. This section shall not be
interpreted to apply to conferences
relating to observation or evaluation of
work responsibilities.
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Now that you know your rights,
what’s next?
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Stay Calm!
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THINK!
Ask yourself
this question,
“Could this
meeting result
in discipline?”
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How to know if the answer is YES”
First determine the subject/purpose of
the meeting:
(You have the right to know the general topic of the
meeting.)
Then determine whether you have a
reasonable belief that discipline could
result from the meeting.
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MAKE A GOOD CHOICE!
If the answer
is YES,
tell your supervisor
that you
want USEP
representation.
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If you want representation,
YOU must ask for it.
I want my
union rep.
Such a
request can be
made at any
point during
the meeting...
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What if you ask, and your boss says, NO”?
Don’t be insubordinate; instead, do
the following...
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Attend the interview/meeting
and repeatedly
request that a union
representative be
present throughout
the interview or
meeting.
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What if your boss still says,”NO”?
I just don’t feel
comfortable
answering any
questions
or giving a statement
without my union rep.
Do not answer any questions
or give a statement during the
interview/meeting.
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Don’t I have Miranda rights?
NO, not at the workplace.
Even if you are deprived
of your right to union
representation, anything
you say can and will be
used against you!
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Remember Abraham Lincoln’s words:
“Better to
remain silent
and be thought a
fool than to
speak out and
remove all
doubt.”
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At the conclusion of the meeting...
Contact the USEP office,
so...
a complaint, grievance,
or unfair labor practice
can be filed.
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Union Representation
Questions and Answers
Question 1
 Over the weekend, an
administrator called a
member at home to
ask questions about
missing materials.
Did the member have
to answer the
questions?
 No. Union
representation rights
even apply to telephone
interviews. A member
who fears discipline can
refuse to answer
questions until he or
she has had a chance to
consult with his/her
union representative.
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Question 2
 You are being questioned
when you realize that
discipline could result.
You request a union
representative, but your
supervisor refuses and
stops the meeting. Two
days later he presents you
with a letter of reprimand
without ever interviewing
you. Can he do that?

Yes, You cannot be
disciplined for requesting a
union representative;
however, you can be
disciplined based on the
information the supervisor
already has. There is no
legal requirement that the
supervisor question you
before imposing discipline.
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Question 3
 The Director of Equity
and Employment Law
comes to interview
you about the actions
of a colleague accused
of sexual harassment.
You request union
representation at the
interview; are you
entitled?
 No, you are entitled to
representation only if
the investigation is
focused on you and you
could face discipline.
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Question 4
 You receive a note from your  No. The
administrator to see her
about some parent
complaints. You write back
that you’ve contacted the
union and that a
representative will be
present. About ten minutes
later, the supervisor comes
to you, shows you your note,
tells you that you don’t need
union representation, and
proceeds to ask you
questions concerning the
parent complaints. Is that
allowed?
employee makes
the determination
as to whether or
not union
representation is
needed.
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Question 5
 A member is told to come to  Yes, the
a meeting later to discuss
student allegations. The
member asks her supervisor
for all the information and
specifics he has obtained.
Can the supervisor refuse to
provide the information?
supervisor must
give only the
general
topic/purpose of
the meeting. The
specifics can be
withheld for the
meeting itself.
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One of the most vital union
functions is protection
Nowhere is this
protection more
necessary than
behind closed
door meetings
between the
employee and his
boss.
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Remember...
I would like
my union rep to
attend the meeting, please.
You have the right to
union representation,
but you can’t be
represented, if you
don’t ask for it.
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It Pays to Carry Your Card.
Only dues-paying members
receive representation.
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