Your Rights

YOUR RIGHTS ON THE JOB

Thanks to years of strong union advocacy, California educators have certain rights guaranteed by law on the job. The rights of working people are constantly under attack. It is only through our strong collective power that we preserve and enhance our rights.

BEST PRACTICES

1. Keep accurate and on-going records of student discipline.

2. Take and keep notes of all parent and administrator meetings.

3. Be cautious with what you post or share on social media.

IN THE CLASSROOM TEACHERS HAVE THE RIGHT TO:


EC 49066
Make the final decision as to student grades.


EC 49331
Seize any injurious object from any student while on school premises or under the authority of school personnel.


EC 49079
Be informed of each student who engaged in, or is reasonably suspected of, acts that are grounds for suspension or expulsion, within the past three years.


EC 48910
Suspend students from class for the day of suspension and the following day. Ask the parent or guardian to attend a conference as soon as possible.

WITH ADMINISTRATORS, TEACHERS HAVE THE RIGHT TO:


  • Ask what a meeting’s purpose is before attending.


  • Assert the right under Weingarten and EERA to representation in meetings that have the potential to lead to discipline.


  • Stop a meeting that has become disciplinary in nature until representation arrives.


  • Request unusual directives in writing before complying.


  • Refuse to give explanations and/or submit a written statement, until after consulting with a union representative.


  • Remain silent and consult a lawyer if accused of conduct that could lead to criminal prosecution.

Weingarten Rights:
Your Right to Union Representation

“If an employee has a reasonable belief that discipline or other adverse consequences may result from what he or she says, the employee has the right to request union representation. When the employee makes the request for a union representative to be present management has three options:

  1. it can stop questioning until the representation arrives.

  2. it can call off the interview or,

  3. it can tell the employee that it will call off the interview unless the employee voluntarily gives up his/her rights to union representation (an option the employee should always refuse).”

SCOTUS Decision: NLRB v. Weingarten, Inc. 420 U.S. 251 (1975)

“If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union representative be present.”


SUTA Mission Statement

The Selma Unified Teachers Association exists to protect and promote the well-being of its members; to improve the conditions of teaching and learning; to advance the cause of free, universal, and quality public education; to ensure that the human dignity and civil rights of all children and youth are protected; and to secure a more just, equitable, and democratic society.