Advocacy Skills and Tips Saturday, April 18, 2009 Bloomington IEA office

Advocacy Skills and TipsAdvocacy Skills and Tips

Saturday, April 18, 2009Saturday, April 18, 2009

Bloomington IEA officeBloomington IEA office

Member RightsMember Rights

““An injury to one is a concern An injury to one is a concern to all.”to all.”

Slogan of the Knights of Labor, circa 1880’s.Slogan of the Knights of Labor, circa 1880’s.

National Labor Relations National Labor Relations ActAct

NLRANLRA

Passed in 1935Passed in 1935

Prior to passage, employers were allowed to:Prior to passage, employers were allowed to: Spy on,Spy on, Interrogate, Interrogate, Discipline, fire and blacklist union membersDiscipline, fire and blacklist union members

NLRANLRA

The NLRA declares collective bargaining as The NLRA declares collective bargaining as an official policy of the United States.an official policy of the United States.

Employers are forbidden from discriminating Employers are forbidden from discriminating against workers who join unions, exercise against workers who join unions, exercise leadership or engage in legal strikes.leadership or engage in legal strikes.

NLRANLRA

Section 7:Section 7:

Employees shall have the right to self-Employees shall have the right to self-organization, to form, join, or assist labor organization, to form, join, or assist labor organizations, to bargain collectively through organizations, to bargain collectively through representatives of their own choosing, and to representatives of their own choosing, and to engage in other concerted activities for the purpose engage in other concerted activities for the purpose of collective bargaining or other mutual aid and of collective bargaining or other mutual aid and protection.protection.

NLRANLRA

Section 8 defines employer violations, known Section 8 defines employer violations, known as unfair labor practices, or ULPs.as unfair labor practices, or ULPs.

ULPS include:ULPS include: Interference, restraint, or coercion directed against Interference, restraint, or coercion directed against

union or other collective activities.union or other collective activities.

NLRANLRA

ULPS include:ULPS include: Creation or domination of a labor organizationCreation or domination of a labor organization

Discrimination against employees to discourage Discrimination against employees to discourage support for a unionsupport for a union

Retaliation for filing ULP charges or cooperating Retaliation for filing ULP charges or cooperating with the NLRBwith the NLRB

NLRANLRA

ULPS include:ULPS include: Refusal to bargain in good faith with union Refusal to bargain in good faith with union

representativesrepresentatives

NLRANLRA

Section 8 also defines union ULPs, which Section 8 also defines union ULPs, which include:include: Unfair representationUnfair representation Bargaining in bad faithBargaining in bad faith Illegal strikesIllegal strikes

Illinois LawIllinois Law


Illinois Educational Labor Relations ActIllinois Educational Labor Relations Act Under the IELRA, covered employees may:Under the IELRA, covered employees may:

Organize, form, join, or assist in employee Organize, form, join, or assist in employee organizations, or engage in lawful concerted activities organizations, or engage in lawful concerted activities for the purposes of collective bargaining or other for the purposes of collective bargaining or other mutual aid and protection, or bargain collectively mutual aid and protection, or bargain collectively through representatives of their own free choice. through representatives of their own free choice. Except as limited by the Act, employees also have the Except as limited by the Act, employees also have the right to refrain from any or all such activities.right to refrain from any or all such activities.


The Illinois Educational Labor Relations The Illinois Educational Labor Relations Board makes and enforces rules necessary to Board makes and enforces rules necessary to carry out the Act.carry out the Act.

Appeals to the Labor Board’s decisions are Appeals to the Labor Board’s decisions are made to the First or Fourth District Appellate made to the First or Fourth District Appellate Courts.Courts.

Special Status of Special Status of Representatives*Representatives*

*With some exceptions*With some exceptions

Special Status of RepresentativesSpecial Status of Representatives

Any member can serve as a representative for Any member can serve as a representative for another member, at any time.another member, at any time.

Special status applies to any member who Special status applies to any member who serves as a representative, each and every serves as a representative, each and every time. time.


Confrontation is a necessary part of the union Confrontation is a necessary part of the union representative’s job.representative’s job.

Labor law grants a special status to union Labor law grants a special status to union representatives.representatives.


Traditional workplace norms: employee must Traditional workplace norms: employee must be respectful and obedient towards be respectful and obedient towards management.management.

Under NLRA, when acting as a union Under NLRA, when acting as a union representative, status is elevated to equality representative, status is elevated to equality with management.with management.


When acting as a representative, you are When acting as a representative, you are allowed to:allowed to: Speak impulsively, especially if provokedSpeak impulsively, especially if provoked SwearSwear Speak loudlySpeak loudly Speak franklySpeak frankly Demean your supervisor’s intelligenceDemean your supervisor’s intelligence Threaten lawful protestsThreaten lawful protests


Aggressive advocacy is not Aggressive advocacy is not always necessary, or always necessary, or appropriate, but appropriate, but it is not it is not insubordination!insubordination!


Immunity applies:Immunity applies: When acting as a union representativeWhen acting as a union representative In informal and formal meetingsIn informal and formal meetings


HOWEVER. . .HOWEVER. . .

Being a union representative does not grant you a Being a union representative does not grant you a general right to tell your supervisors to “shove it!”general right to tell your supervisors to “shove it!”


Special status does Special status does notnot apply: apply: When you take issue with your own work When you take issue with your own work

assignmentassignment When you debate your own job performanceWhen you debate your own job performance When you receive notice of disciplineWhen you receive notice of discipline


You are not protected by law if you:You are not protected by law if you: Use extreme profanityUse extreme profanity Use racial/sexual slursUse racial/sexual slurs Threaten physical harmThreaten physical harm Cause physical harmCause physical harm


Location is a factor:Location is a factor: What is considered appropriate behind closed What is considered appropriate behind closed

doors would not be considered appropriate in the doors would not be considered appropriate in the middle of the school cafeteria.middle of the school cafeteria.

Exception:Exception: If provoked by similar language or actions by the If provoked by similar language or actions by the

supervisor, you may respond in kind.supervisor, you may respond in kind.


Management cannot hold union Management cannot hold union representatives to a higher standard or impose representatives to a higher standard or impose a greater punishment for a similar offense.a greater punishment for a similar offense.

Right to RepresentationRight to Representation


Right to representation:Right to representation:

The employee must request such representation.The employee must request such representation.

The request should be made at the earliest The request should be made at the earliest opportunity.opportunity.


Unlike a Miranda warning, which is required, Unlike a Miranda warning, which is required, school administrators do not have to advise school administrators do not have to advise members of their right to representation.members of their right to representation.

Failure to notify a member of his/her right to Failure to notify a member of his/her right to representation is not a ULP.representation is not a ULP.


However. . .However. . . If a member requests representation and the If a member requests representation and the

request is denied, the Association CAN file a ULP, request is denied, the Association CAN file a ULP, even if the member continues with the interview or even if the member continues with the interview or meeting. meeting.



The employer has the option to agree, or to The employer has the option to agree, or to proceed with investigation without interviewing proceed with investigation without interviewing the employee.the employee.

The employee can agree to forego representation – The employee can agree to forego representation – but then no ULP exists.but then no ULP exists.



The local can bargain additional rights for The local can bargain additional rights for representation, including the right to have a representation, including the right to have a representative present during post-evaluation representative present during post-evaluation conferences.conferences.


Law guarantees the right to “a” representative Law guarantees the right to “a” representative of your choosing, not “the” representative of of your choosing, not “the” representative of your choosing.your choosing.

HOWEVER,HOWEVER,

The administration does not have the right to The administration does not have the right to pick the union representative for the member.pick the union representative for the member.


Illinois law states that an employee is entitled to Illinois law states that an employee is entitled to “knowledgeable representation,” but not “knowledgeable representation,” but not necessarily the representation of his/her choosing.necessarily the representation of his/her choosing.

The employer does not need to delay proceedings The employer does not need to delay proceedings to wait for a trained union representative or to wait for a trained union representative or someone with prior experience representing someone with prior experience representing employees in disciplinary matters.employees in disciplinary matters.


However, it doesn’t hurt to ask if a meeting However, it doesn’t hurt to ask if a meeting can be rescheduled for a time when the can be rescheduled for a time when the representative of your choice is available.representative of your choice is available.

Make sure the request is reasonable; asking to Make sure the request is reasonable; asking to wait a few hours is acceptable; asking to wait a wait a few hours is acceptable; asking to wait a few days is not.few days is not.



A member should NEVER refuse to attend a A member should NEVER refuse to attend a meeting with an administrator even if his/her meeting with an administrator even if his/her request for representation is denied. Attend the request for representation is denied. Attend the meeting now; grieve or file a ULP later.meeting now; grieve or file a ULP later.

What to do before, What to do before, during and after a during and after a

meetingmeeting

Before a meetingBefore a meeting

Informal meetings are often impromptu. Informal meetings are often impromptu.

Either the representative or the member should Either the representative or the member should gather as much information from the administrator gather as much information from the administrator as possible prior to the meeting.as possible prior to the meeting.

Insist on a few minutes for a private conversation Insist on a few minutes for a private conversation between the member and the representative before between the member and the representative before the meeting starts.the meeting starts.


Members should: Members should: Immediately write down everything that happenedImmediately write down everything that happened

Include:Include: Name, date, location/sName, date, location/s Names of involved personsNames of involved persons WitnessesWitnesses Actual words spokenActual words spoken


Members should:Members should: Get advice early from AR/other Association Get advice early from AR/other Association

advisorsadvisors

Keep copies of all correspondence, papers, etc Keep copies of all correspondence, papers, etc related to the matterrelated to the matter

All such material should be kept AT HOME, not at All such material should be kept AT HOME, not at schoolschool


Words of advice:Words of advice:

Do not respond spontaneously to chargesDo not respond spontaneously to charges Do not appear alone at any meetings regarding the Do not appear alone at any meetings regarding the

incidentincident Do not attempt to represent yourselfDo not attempt to represent yourself


Words of advice:Words of advice:

Do not accept an “opportunity to resign”Do not accept an “opportunity to resign” Do not agree to any proposals without a thorough Do not agree to any proposals without a thorough

review and time to consider all actionsreview and time to consider all actions Do not submit any written statement to Do not submit any written statement to

administration without having someone else administration without having someone else review itreview it


The first stage of an incident and the The first stage of an incident and the moments/hours immediately following are moments/hours immediately following are often filled with trauma and stress.often filled with trauma and stress.

This stress can inhibit clear and rational This stress can inhibit clear and rational thinking.thinking.

During a meetingDuring a meeting

Initial meetings are often “fishing expeditions” Initial meetings are often “fishing expeditions” for administrators.for administrators.

The representative’s primary role at the initial The representative’s primary role at the initial meeting is to be a witness and to keep the meeting is to be a witness and to keep the meeting focused on its stated purpose.meeting focused on its stated purpose.

Every meeting is unique.Every meeting is unique.


Look for problems.Look for problems.

Regard your supervisor as an equal as you Regard your supervisor as an equal as you attempt to resolve problems.attempt to resolve problems.

Do not be intimidated.Do not be intimidated.

Be constructive.Be constructive.


If you are alone and the meeting starts to go If you are alone and the meeting starts to go badly, read your Union Rights card and badly, read your Union Rights card and request that the meeting be rescheduled.request that the meeting be rescheduled.

If you are denied that request, continue the If you are denied that request, continue the meeting, do not talk, and take detailed notes.meeting, do not talk, and take detailed notes.


If you are the representative and the meeting If you are the representative and the meeting becomes verbally abusive and/or the member becomes verbally abusive and/or the member needs a break, you may ask for one.needs a break, you may ask for one.

You may end the meeting and ask to You may end the meeting and ask to reschedule if the situation becomes out of reschedule if the situation becomes out of hand.hand.

After a meetingAfter a meeting

After the meeting, the member/representative After the meeting, the member/representative shouldshould Maintain confidentiality.Maintain confidentiality.

Keep local president informed of pending or possible Keep local president informed of pending or possible grievances.grievances.

Create a summary report/summarize notes.Create a summary report/summarize notes.

Call for help at any time!Call for help at any time!

Don’t Go There!Don’t Go There!

When to call IEA 5 minutes agoWhen to call IEA 5 minutes ago


DCFS investigationsDCFS investigations

Criminal allegationsCriminal allegations

Sexual harassment/inappropriate touchingSexual harassment/inappropriate touching


Assault on an employeeAssault on an employee

Member to member conflict, including Member to member conflict, including harassment concernsharassment concerns

Workers Compensation, Discrimination, Workers Compensation, Discrimination, Unemployment concernsUnemployment concerns

GrievancesGrievances

GrievancesGrievances

Not every complaint is a grievance.Not every complaint is a grievance.

Every contract must have a grievance policy Every contract must have a grievance policy which ends in binding arbitration.which ends in binding arbitration.

What is a grievance?What is a grievance?

Each contract is different, but basic language Each contract is different, but basic language is:is: A grievance shall mean a written complaint by a A grievance shall mean a written complaint by a

member of the bargaining unit or the Association member of the bargaining unit or the Association that there has been an alleged violation, that there has been an alleged violation, misinterpretation, or misapplication of any misinterpretation, or misapplication of any provision(s) of this Agreement.provision(s) of this Agreement.

Grievance ProcessingGrievance Processing

A good grievance policy will include the A good grievance policy will include the following:following: DefinitionsDefinitions Timeline and steps or levelsTimeline and steps or levels RepresentationRepresentation Mutual waivers of steps of levelsMutual waivers of steps of levels Selection of arbitratorSelection of arbitrator Cost of arbitration – what is splitCost of arbitration – what is split No reprisal clauseNo reprisal clause

Principals of a good grievance Principals of a good grievance procedureprocedure

The procedure must include a clear definition The procedure must include a clear definition of the problem which constitutes a grievance.of the problem which constitutes a grievance.

The procedure must be simple and easily The procedure must be simple and easily understood.understood.

All time limits must be clearly stated.All time limits must be clearly stated.

Principals of a good grievance Principals of a good grievance procedureprocedure

The process must encourage prompt The process must encourage prompt resolution.resolution.

Resolution at the lowest possible level should Resolution at the lowest possible level should be encouraged.be encouraged.

PRINCIPLES OF A GOOD PRINCIPLES OF A GOOD GRIEVANCE PROCEDUREGRIEVANCE PROCEDURE

Absolute freedom from coercion, intimidation or reprisal must Absolute freedom from coercion, intimidation or reprisal must be assured.be assured.

Management should agree that they will cooperate with the Management should agree that they will cooperate with the Association’s investigation of any grievance.Association’s investigation of any grievance.

The employee must have a clear right to the assistance and The employee must have a clear right to the assistance and support of the Association.support of the Association.

Binding arbitration by a neutral third party must be the final Binding arbitration by a neutral third party must be the final step in the procedure.step in the procedure.

WRITING A GRIEVANCEWRITING A GRIEVANCE

Writing a grievance statement usually initiates Writing a grievance statement usually initiates the formal stage in a grievance procedure.the formal stage in a grievance procedure.

GRIEVANCE FORMGRIEVANCE FORM

Date of grievanceDate of grievance Statement of the grievanceStatement of the grievance Contract/policy provision(s) violatedContract/policy provision(s) violated Remedy SoughtRemedy Sought Date filed/Level of grievanceDate filed/Level of grievance SignatureSignature

Grievance FormGrievance Form

CCs to grievant, grievance representative, CCs to grievant, grievance representative, Association president, immediate supervisor, Association president, immediate supervisor, superintendent, IEAsuperintendent, IEA

Next StepsNext Steps

Typically, the next step in the grievance Typically, the next step in the grievance procedure is to submit the grievance in writing procedure is to submit the grievance in writing to the Superintendent.to the Superintendent.

The next step is generally a meeting before the The next step is generally a meeting before the Board; however, some polices skip this step.Board; however, some polices skip this step.

The final step is binding arbitration. The final step is binding arbitration.

PREVENT A DFR SUIT BY PREVENT A DFR SUIT BY AVOIDING:AVOIDING:

Bias Bias

DiscriminationDiscrimination

Arbitrary & capricious reasons for denialArbitrary & capricious reasons for denial

NegligenceNegligence

Documents

Advocacy Skills and Tips Saturday, April 18, 2009 Bloomington IEA office