West Bend Education Associationest.1930
West Bend Education Association, WBEA, est. 1930
"A person who represents themselves has a fool for a client."
An administrator asks you to a meeting.
He or she may or may not say: "Do you want to call a WBEA representative?"
Regardless, you need to ask, "What is the purpose of this meeting?" If the administrator does not respond, is vague or you infer the meeting could lead to discipline, ask, "Could this meeting lead to discipline?" If the administrator says "Yes", is unresponsive or vague, you need to request the meeting be rescheduled when your WBEA representative can be present.
If the meeting starts becoming an investigation:
An (anonymous) student(s), parent(s) teacher(s), resident(s) or administrator(s) has alleged you did something unprofessional, unethical, or illegal, and you infer discipline may happen.
What do you do?
Request the meeting be stopped and resumed when your WBEA representative is available.
+ Your WBEA representative is trained and willing to assist you.
+ You have a legal right to refuse to answer such questions without WBEA or Region 7 representation.
+ You have Professional Liability Insurance.
+ If needed, you will have professional Legal Representation as a WBEA Member.
Remember, when in doubt, say: “If this discussion could in any way lead to my being disciplined or terminated or affect my personal working conditions, I request that my union representative be present at this meeting. Without representation, I choose not to answer any questions” (This is my right under a Supreme Court decision called Weingarten.).
What are Weingarten Rights?
When an administrator conducts an investigatory interview,
the Supreme Court ruled that the following rules apply:
Rule 1: The employee must make a clear request for union representation before the interview starts or during the interview. The employee cannot be disciplined for making this request.
Rule 2: After the employee makes the request, the employer has three options to choose from: a) grant the request and delay questioning until the union representative arrives and (prior to the interview continuing) the representative has a chance to consult privately with the employee; b) deny the request and immediately end the interview; or c) give the employee a clear choice between having the interview without representation or ending the interview.
Rule 3: If the employer denies the request for union representation, and the employer continues to ask questions, it commits an unfair labor practice. At that point the employee has the right to refuse to answer questions. The employer may not legally discipline the employee for such a refusal.
We live in a litigious society.
Professionals carry liability insurance and professional legal representation.
Your car is insured. Your house is insured. Your health is insured.
How about protecting your Family? Your Profession? Your Career?
Call a West Bend Education Association representative now.