Transcript Association Representative Training

Advocacy Skills and Tips
Saturday, April 18, 2009
Bloomington IEA office
Member Rights
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“An injury to one is a concern
to all.”
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Slogan of the Knights of Labor, circa 1880’s.
National Labor Relations
Act
NLRA
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Passed in 1935
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Prior to passage, employers were allowed to:
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Spy on,
Interrogate,
Discipline, fire and blacklist union members
NLRA
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The NLRA declares collective bargaining as
an official policy of the United States.
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Employers are forbidden from discriminating
against workers who join unions, exercise
leadership or engage in legal strikes.
NLRA
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Section 7:
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Employees shall have the right to selforganization, to form, join, or assist labor
organizations, to bargain collectively through
representatives of their own choosing, and to
engage in other concerted activities for the purpose
of collective bargaining or other mutual aid and
protection.
NLRA
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Section 8 defines employer violations, known
as unfair labor practices, or ULPs.
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ULPS include:
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Interference, restraint, or coercion directed against
union or other collective activities.
NLRA
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ULPS include:
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Creation or domination of a labor organization
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Discrimination against employees to discourage
support for a union
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Retaliation for filing ULP charges or cooperating
with the NLRB
NLRA
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ULPS include:
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Refusal to bargain in good faith with union
representatives
NLRA
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Section 8 also defines union ULPs, which
include:
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Unfair representation
Bargaining in bad faith
Illegal strikes
Illinois Law
Illinois Law
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Illinois Educational Labor Relations Act
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Under the IELRA, covered employees may:
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Organize, form, join, or assist in employee
organizations, or engage in lawful concerted activities
for the purposes of collective bargaining or other mutual
aid and protection, or bargain collectively through
representatives of their own free choice. Except as
limited by the Act, employees also have the right to
refrain from any or all such activities.
Illinois Law


The Illinois Educational Labor Relations
Board makes and enforces rules necessary to
carry out the Act.
Appeals to the Labor Board’s decisions are
made to the First or Fourth District Appellate
Courts.
Special Status of
Representatives*
*With some exceptions
Special Status of Representatives

Any member can serve as a representative for
another member, at any time.

Special status applies to any member who
serves as a representative, each and every time.
Special Status of Representatives

Confrontation is a necessary part of the union
representative’s job.

Labor law grants a special status to union
representatives.
Special Status of Representatives
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Traditional workplace norms: employee must
be respectful and obedient towards
management.

Under NLRA, when acting as a union
representative, status is elevated to equality
with management.
Special Status of Representatives
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When acting as a representative, you are
allowed to:
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Speak impulsively, especially if provoked
Swear
Speak loudly
Speak frankly
Demean your supervisor’s intelligence
Threaten lawful protests
Special Status of Representatives

Aggressive advocacy is not
always necessary, or
appropriate, but it is not
insubordination!
Special Status of Representatives
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Immunity applies:
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When acting as a union representative
In informal and formal meetings
Special Status of Representatives

HOWEVER. . .
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Being a union representative does not grant you a
general right to tell your supervisors to “shove it!”
Special Status of Representatives
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Special status does not apply:
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When you take issue with your own work
assignment
When you debate your own job performance
When you receive notice of discipline
Special Status of Representatives
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You are not protected by law if you:
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Use extreme profanity
Use racial/sexual slurs
Threaten physical harm
Cause physical harm
Special Status of Representatives
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Location is a factor:
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What is considered appropriate behind closed
doors would not be considered appropriate in the
middle of the school cafeteria.
Exception:
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If provoked by similar language or actions by the
supervisor, you may respond in kind.
Special Status of Representatives
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Management cannot hold union representatives
to a higher standard or impose a greater
punishment for a similar offense.
Right to Representation
Right to Representation
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Right to representation:
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The employee must request such representation.
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The request should be made at the earliest
opportunity.
Right to Representation
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Unlike a Miranda warning, which is required,
school administrators do not have to advise
members of their right to representation.
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Failure to notify a member of his/her right to
representation is not a ULP.
Right to Representation
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However. . .
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If a member requests representation and the
request is denied, the Association CAN file a ULP,
even if the member continues with the interview or
meeting.
Right to Representation
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Right to representation:
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The employer has the option to agree, or to
proceed with investigation without interviewing
the employee.
The employee can agree to forego representation –
but then no ULP exists.
Right to Representation
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Right to representation:
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The local can bargain additional rights for
representation, including the right to have a
representative present during post-evaluation
conferences.
Right to Representation
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Law guarantees the right to “a” representative
of your choosing, not “the” representative of
your choosing.
HOWEVER,
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The administration does not have the right to
pick the union representative for the member.
Right to Representation
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Illinois law states that an employee is entitled
to “knowledgeable representation,” but not
necessarily the representation of his/her
choosing.
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The employer does not need to delay
proceedings to wait for a trained union
representative or someone with prior
experience representing employees in
disciplinary matters.
Right to Representation
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However, it doesn’t hurt to ask if a meeting
can be rescheduled for a time when the
representative of your choice is available.
Make sure the request is reasonable; asking to
wait a few hours is acceptable; asking to wait a
few days is not.
Right to Representation
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Right to representation:
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A member should NEVER refuse to attend a
meeting with an administrator even if his/her
request for representation is denied. Attend the
meeting now; grieve or file a ULP later.
What to do before,
during and after a
meeting
Before a meeting
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Informal meetings are often impromptu.
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Either the representative or the member should
gather as much information from the administrator
as possible prior to the meeting.
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Insist on a few minutes for a private conversation
between the member and the representative before
the meeting starts.
Before a meeting
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Members should:
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Immediately write down everything that happened
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Include:
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Name, date, location/s
Names of involved persons
Witnesses
Actual words spoken
Before a meeting
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Members should:
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Get advice early from AR/other Association
advisors
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Keep copies of all correspondence, papers, etc
related to the matter
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All such material should be kept AT HOME, not at
school
Before a meeting
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Words of advice:
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Do not respond spontaneously to charges
Do not appear alone at any meetings regarding the
incident
Do not attempt to represent yourself
Before a meeting
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Words of advice:
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Do not accept an “opportunity to resign”
Do not agree to any proposals without a thorough
review and time to consider all actions
Do not submit any written statement to
administration without having someone else
review it
Before a meeting
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The first stage of an incident and the
moments/hours immediately following are
often filled with trauma and stress.
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This stress can inhibit clear and rational
thinking.
During a meeting
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Initial meetings are often “fishing expeditions”
for administrators.
The representative’s primary role at the initial
meeting is to be a witness and to keep the
meeting focused on its stated purpose.
Every meeting is unique.
During a meeting
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Look for problems.
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Regard your supervisor as an equal as you
attempt to resolve problems.
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Do not be intimidated.
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Be constructive.
During a meeting
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If you are alone and the meeting starts to go
badly, read your Union Rights card and request
that the meeting be rescheduled.
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If you are denied that request, continue the
meeting, do not talk, and take detailed notes.
During a meeting
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If you are the representative and the meeting
becomes verbally abusive and/or the member
needs a break, you may ask for one.
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You may end the meeting and ask to
reschedule if the situation becomes out of
hand.
After a meeting
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After the meeting, the member/representative
should
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Maintain confidentiality.
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Keep local president informed of pending or possible
grievances.
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Create a summary report/summarize notes.
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Call for help at any time!
Don’t Go There!
When to call IEA 5 minutes ago
Don’t Go There!
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DCFS investigations
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Criminal allegations
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Sexual harassment/inappropriate touching
Don’t Go There!
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Assault on an employee
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Member to member conflict, including
harassment concerns
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Workers Compensation, Discrimination,
Unemployment concerns
Grievances
Grievances
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Not every complaint is a grievance.
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Every contract must have a grievance policy
which ends in binding arbitration.
What is a grievance?
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Each contract is different, but basic language
is:
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A grievance shall mean a written complaint by a
member of the bargaining unit or the Association
that there has been an alleged violation,
misinterpretation, or misapplication of any
provision(s) of this Agreement.
Grievance Processing
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A good grievance policy will include the
following:
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Definitions
Timeline and steps or levels
Representation
Mutual waivers of steps of levels
Selection of arbitrator
Cost of arbitration – what is split
No reprisal clause
Principals of a good grievance
procedure
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The procedure must include a clear definition
of the problem which constitutes a grievance.
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The procedure must be simple and easily
understood.
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All time limits must be clearly stated.
Principals of a good grievance
procedure
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The process must encourage prompt
resolution.
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Resolution at the lowest possible level should
be encouraged.
PRINCIPLES OF A GOOD
GRIEVANCE PROCEDURE
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Absolute freedom from coercion, intimidation
or reprisal must be assured.
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Management should agree that they will
cooperate with the Association’s investigation
of any grievance.
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The employee must have a clear right to the
assistance and support of the Association.
WRITING A GRIEVANCE
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Writing a grievance statement usually initiates
the formal stage in a grievance procedure.
GRIEVANCE FORM
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Date of grievance
Statement of the grievance
Contract/policy provision(s) violated
Remedy Sought
Date filed/Level of grievance
Signature
Grievance Form
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CCs to grievant, grievance representative,
Association president, immediate supervisor,
superintendent, IEA
Next Steps
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Typically, the next step in the grievance
procedure is to submit the grievance in writing
to the Superintendent.
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The next step is generally a meeting before the
Board; however, some polices skip this step.
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The final step is binding arbitration.
PREVENT A DFR SUIT BY
AVOIDING:
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Bias
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Discrimination
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Arbitrary & capricious reasons for denial
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Negligence