Lucia Mar Teachers Association Member Rights

An Employee has a right to have a Union Representative in the following situations:
1. Meetings with the employer which the employee reasonably believes might result in any type of discipline.
2. Employee must request representation or it is waived. Employer is not required to tell the employee of their right to representation.
3. Employer must describe the purpose of the meeting if asked but is not required to volunteer this information.
4. Employee has a right to the Rep of their choice, if reasonably available.
5. Employee has the right to consult with a Rep before the meeting, during work hours if feasible.
6. In an evaluation observation or summary evaluation meeting where the outcome is, will be, or could be “less than satisfactory.”
7. During a meeting when the meeting becomes disciplinary or negative toward the employee. The employee must ask for a Rep but once having asked, the employee does not have to participate beyond continuing to ask (repeatedly if necessary) for a Rep. Caution: physically leaving the meeting without permission could be insubordination, don’t.
There is no right to representation for:
1. Routine interaction with an administrator – the normal business of the school.
2. Simply being informed of a discipline being imposed.
3. Receiving a work directive.
4. For criminal activity – the Rep does not have attorney/client privilege. Notify CTA staff (805-922-5707) immediately when you encounter a situation involving the possibility of criminal activity.
The Rep must be allowed to:
1. Be informed of the subject matter and speak up during the meeting.
2. Request that questions be clarified.
3. Object to intimidating tactics.
4. Insure the interviewer gives an honest account.
5. Request and to receive relevant information from the employer.
6. Advise the employee on how to answer questions helping the employee avoid fatal admissions or insubordinate outbursts.
7. Provide additional information once the meeting is over.
The Rep’s rights:
1. On arrival, the Rep can insist on being told the subject matter of the interview.
2. Rep can request, and administration must allow, a caucus.
3. When acting in official union capacity the Rep is no longer a subordinate employee role but becomes an equal with the administrator. The Rep can openly disagree or argue vigorously with administration.
4. Object to questions perceived to be harassing.
5. Cannot repeatedly interrupt, use profane language, or attempt to turn discussions in to a debate.
If the employer denies the request for union representation:
1. Employer commits unfair practice.
2. Employee may refuse to answer questions and insist on a Rep before continuing. The employer may not discipline employee for doing so. Nothing said after the employer denies a Rep regarding an investigation can be used against the employee.