Protecting your right of
association
The First Amendment provides that
“Congress shall make no law...abridging the freedom of speech…or
the right of the people peaceably to assemble.” The Missouri
constitution has a similar provision. This allows all citizens to
join organizations like Missouri NEA, to band together with people
of similar interests and objectives, and to present those interests
and objectives to governing bodies.
Therefore, despite the fact that Missouri law does not give teachers
the right to collective bargaining, the Constitution gives them
the right to present their viewpoints and to make recommendations,
either individually or as a group, to the school boards in their
districts. Although collective bargaining would give a mechanism
for requiring school boards to act upon those recommendations, the
fact that teachers do not have that right does not prevent them
from making their opinions known.
Further, because teachers are guaranteed the right to association
by these constitutional provisions, it is unlawful for the administration
to prohibit a teacher from joining an association such as Missouri
NEA or to treat a teacher unfairly because of his or her membership
in an organization. Like many other situations involving discrimination,
it is often difficult to prove that a person is being treated unfairly.
However, MNEA is vigilant in protecting members' rights to association
and will provide vigorous representation when such unfair treatment
is suspected.
Know and protect your rights. There are so many instances when
educators are denied rights that other employees enjoy as a matter
of course; therefore, it is extremely important that you exercise
the rights you do have. Join an organization. Present your opinions
and recommendations, through your organization, to the school board.
Refuse to submit to unfair treatment because you’ve exercised
your rights. And remember that MNEA will support you in these efforts. |