Your right to representation

As you know by now, the rights of education employees have undergone a significant change in the last year. On May 29, 2007, the Missouri Supreme Court restored to public employees the constitutional right to bargain collectively. The Court affirmed that the plain language of the Constitution, that “employees shall have the right to bargain collectively through representatives of their own choosing” means that employees have the right to require their employers to meet with them to discuss salaries, benefits and other conditions of employment. However, there are other less obvious implications that follow from this right. One of which is the right to representation in disciplinary meetings.

If summoned by an administrator to an investigatory meeting that you believe might possibly result in disciplinary action, you have a legal right to an association representative at that meeting. It is important to remember that you must make the request for representation. The employer is not required to inform you about your right to have someone with you at the meeting.

When you are called into a meeting, always ask the administrator about the purpose of the meeting. If you believe that the meeting is investigatory and could lead to disciplinary action against you, ask for association representation. The meeting should not be held until you have a reasonable amount of time to arrange for a representation at the meeting.

If you are in a meeting with an administrator, you have the right to association representation at any point during the meeting when you believe that the discussion is investigatory in nature and might lead to disciplinary action against you. The meeting should be suspended until you have reasonable time to arrange for association representation. The employer can do one of three things:

• Delay the investigation until you get an association representative (though not necessarily the exact representative you want if another one is more readily available).
• Deny your request and announce disciplinary action without conducting the meeting.
• Deny your request for association representation.

If the administrator refuses to grant your request for representation, do not walk out of the meeting as that might be grounds for a charge of insubordination. Ask why the employer is refusing your request for a representative. Listen, but say as little possible. If the administrator directs a question to you, repeat your request for union representation. Contact your union representative immediately after the meeting.

As always, if you have any questions about this subject, contact your UniServ director.

by Jacquie Shipma
MNEA manager of legal services and human resources

sb, summer '08