Protected union activity: The right underneath all the other rights
Our right to participate in our union is the foundation for so many of our other rights. It gives us the right to organize and solve problems together, negotiate better working and learning conditions, and stand up to bad bosses when needed. Not every unfair, inappropriate, or unprofessional leadership decision violates the law, but state law does protect us from retaliation for protected union activity. Without that protection, bad bosses can squash workers’ attempts to organize.
Recently, SDEA members used the legal process to challenge alleged retaliation and reaffirm our right to protected union activity.
The right to assign… and the right to organize
Principals have the right to assign educators to teaching positions that they are credentialed for. Ideally, principals make those decisions based on the school’s needs and educators’ input… as educators, our assignments have a huge impact on our work and life! At Logan Memorial Educational Campus (LMEC), some SDEA members had concerns about how administrators assign teachers.
LMEC is unique in our district: It is an infant through 12th-grade campus that technically operates as one school or “educational complex.” With so many positions across a wide range of grade levels, administrators can move educators to dramatically different assignments if they have the relevant credential.
In recent years, SDEA members experienced administrators moving or threatening to move educators in ways that seemed arbitrary or extreme… for example, moving educators from secondary to elementary, to totally new content areas, or away from Special Education into general education and vice versa. Sometimes these moves came after educators filed grievances, spoke up together in staff meetings, or represented members as a union rep. In many cases, educators were not satisfied with vague explanations about the decisions not being “personal” and “coming from above.” Members raised concerns that assignments were being used to punish educators for union activity. Retaliation is hard to prove, especially in a big complex with lots of teacher moves and multiple grievances, but SDEA members organized to document patterns and connect the dots between union activity and reassignments. They brought that evidence to SDEA leaders and staff.
Union activity is protected by state law, not just our contract
Retaliation for union activity affects the whole union, and the rights of all workers! If one administrator is allowed to punish union reps or union members for standing up for their rights, all of our rights are weaker. SDEA leaders and staff helped members at LMEC review the conduct that they believed may have been retaliatory. They submitted formal requests for information from the District, looking for any evidence that these reassignments were for a reason other than retaliation – for example, documentation of other reasons to assign teachers to subjects they were credentialed for but that they did not want to teach or that they had limited experience in. SDEA members weren’t satisfied with the District’s responses, which they found incomplete and even incorrect regarding LMEC assignments. Without convincing evidence to the contrary, members still suspected that administrators were using assignments as retaliation for union activity, and filed an official Unfair Practice Charge with the state Public Employment Relations Board (PERB).
Unfair Practice Charges: Spotlighting Bad Boss Behavior
An Unfair Practice Charge is one tool that unions can use to shine a spotlight on alleged violations of labor law. When we file these charges, our union shares a summary of facts and any evidence we have about the unfair practice. Then the District can share any facts and evidence they have. Some charges go all the way to a public hearing, but sometimes the charge itself is enough to get results! In this case, PERB reviewed the charge and the evidence and issued a complaint. The District agreed to settle rather than have the charge go to a formal hearing. SDEA members used the settlement as an opportunity to reaffirm our rights! In order to settle the charge, the District agreed to send a letter to all LMEC educators about the unfair practice charge and reaffirm our right to protected union activity and to the information we need to investigate things that seem like retaliation.
That letter reaffirmed:
- Employees have the right to engage in concerted Union activity free from retaliation and interference.
- SDEA is entitled to information as relevant and necessary for the Union to discharge its representational duties under the EERA.
When union members see what looks like retaliation for union activity, that can have a chilling effect that makes it harder for workers to feel safe standing up for their rights. That’s why it’s important to send a countermessage: We do have rights, and we’re ready to fight for them!
How can you stand up for your rights?
- Talk to your union rep when issues come up! Look at the contract together to see if any of your contractual rights are being violated.
- Talk to your colleagues. Even when an issue isn’t a contract violation, workers have more power when they stand together and act collectively.
- Most importantly, organize! Grievances and unfair practice charges are important tools to enforce our rights, but legal processes can take time. Collective action can address problems before they escalate! Strategize with your union rep and colleagues about the best way to stand up for your rights together.
