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

2. Member Rights “An injury to one is a concern to all.” “An injury to one is a concern to all.” Slogan of the Knights of Labor, circa 1880’s. Slogan of the Knights of Labor, circa 1880’s.

3. National Labor Relations Act

4. NLRA Passed in 1935 Passed 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 members Discipline, fire and blacklist union members

5. NLRA The NLRA declares collective bargaining as an official policy of the United States. The NLRA declares collective bargaining as an official policy of the United States. Employers are forbidden from discriminating against workers who join unions, exercise leadership or engage in legal strikes. Employers are forbidden from discriminating against workers who join unions, exercise leadership or engage in legal strikes.

6. NLRA Section 7: Section 7: Employees shall have the right to self- organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid and protection. Employees shall have the right to self- organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid and protection.

7. NLRA Section 8 defines employer violations, known as unfair labor practices, or ULPs. Section 8 defines employer violations, known as unfair labor practices, or ULPs. ULPS include: ULPS include: Interference, restraint, or coercion directed against union or other collective activities. Interference, restraint, or coercion directed against union or other collective activities.

8. NLRA ULPS include: ULPS include: Creation or domination of a labor organization Creation or domination of a labor organization Discrimination against employees to discourage support for a union Discrimination against employees to discourage support for a union Retaliation for filing ULP charges or cooperating with the NLRB Retaliation for filing ULP charges or cooperating with the NLRB

9. NLRA ULPS include: ULPS include: Refusal to bargain in good faith with union representatives Refusal to bargain in good faith with union representatives

10. NLRA Section 8 also defines union ULPs, which include: Section 8 also defines union ULPs, which include: Unfair representation Unfair representation Bargaining in bad faith Bargaining in bad faith Illegal strikes Illegal strikes

11. Illinois Law

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

13. Illinois Law The Illinois Educational Labor Relations Board makes and enforces rules necessary to carry out the Act. The Illinois Educational Labor Relations Board makes and enforces rules necessary to carry out the Act. Appeals to the Labor Board’s decisions are made to the First or Fourth District Appellate Courts. Appeals to the Labor Board’s decisions are made to the First or Fourth District Appellate Courts.

14. Special Status of Representatives* *With some exceptions

15. Special Status of Representatives Any member can serve as a representative for another member, at any time. Any member can serve as a representative for another member, at any time. Special status applies to any member who serves as a representative, each and every time. Special status applies to any member who serves as a representative, each and every time.

16. Special Status of Representatives Confrontation is a necessary part of the union representative’s job. Confrontation is a necessary part of the union representative’s job. Labor law grants a special status to union representatives. Labor law grants a special status to union representatives.

17. Special Status of Representatives Traditional workplace norms: employee must be respectful and obedient towards management. Traditional workplace norms: employee must be respectful and obedient towards management. Under NLRA, when acting as a union representative, status is elevated to equality with management. Under NLRA, when acting as a union representative, status is elevated to equality with management.

18. Special Status of Representatives When acting as a representative, you are allowed to: When acting as a representative, you are allowed to: Speak impulsively, especially if provoked Speak impulsively, especially if provoked Swear Swear Speak loudly Speak loudly Speak frankly Speak frankly Demean your supervisor’s intelligence Demean your supervisor’s intelligence Threaten lawful protests Threaten lawful protests

19. Special Status of Representatives Aggressive advocacy is not always necessary, or appropriate, but it is not insubordination! Aggressive advocacy is not always necessary, or appropriate, but it is not insubordination!

20. Special Status of Representatives Immunity applies: Immunity applies: When acting as a union representative When acting as a union representative In informal and formal meetings In informal and formal meetings

21. Special Status of Representatives HOWEVER... HOWEVER... Being a union representative does not grant you a general right to tell your supervisors to “shove it!” Being a union representative does not grant you a general right to tell your supervisors to “shove it!”

22. Special Status of Representatives Special status does not apply: Special status does not apply: When you take issue with your own work assignment When you take issue with your own work assignment When you debate your own job performance When you debate your own job performance When you receive notice of discipline When you receive notice of discipline

23. Special Status of Representatives You are not protected by law if you: You are not protected by law if you: Use extreme profanity Use extreme profanity Use racial/sexual slurs Use racial/sexual slurs Threaten physical harm Threaten physical harm Cause physical harm Cause physical harm

24. Special Status of Representatives Location is a factor: Location is a factor: What is considered appropriate behind closed doors would not be considered appropriate in the middle of the school cafeteria. What is considered appropriate behind closed doors would not be considered appropriate in the middle of the school cafeteria. Exception: Exception: If provoked by similar language or actions by the supervisor, you may respond in kind. If provoked by similar language or actions by the supervisor, you may respond in kind.

25. Special Status of Representatives Management cannot hold union representatives to a higher standard or impose a greater punishment for a similar offense. Management cannot hold union representatives to a higher standard or impose a greater punishment for a similar offense.

26. Right to Representation

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

28. Right to Representation Unlike a Miranda warning, which is required, school administrators do not have to advise members of their right to representation. Unlike a Miranda warning, which is required, school administrators do not have to advise members of their right to representation. Failure to notify a member of his/her right to representation is not a ULP. Failure to notify a member of his/her right to representation is not a ULP.

29. Right to Representation However... However... If a member requests representation and the request is denied, the Association CAN file a ULP, even if the member continues with the interview or meeting. If a member requests representation and the request is denied, the Association CAN file a ULP, even if the member continues with the interview or meeting.

30. Right to Representation Right to representation: Right to representation: The employer has the option to agree, or to proceed with investigation without interviewing the employee. The employer has the option to agree, or to proceed with investigation without interviewing the employee. The employee can agree to forego representation – but then no ULP exists. The employee can agree to forego representation – but then no ULP exists.

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

32. Right to Representation Law guarantees the right to “a” representative of your choosing, not “the” representative of your choosing. Law guarantees the right to “a” representative of your choosing, not “the” representative of your choosing.HOWEVER, The administration does not have the right to pick the union representative for the member. The administration does not have the right to pick the union representative for the member.

33. Right to Representation Illinois law states that an employee is entitled to “knowledgeable representation,” but not necessarily the representation of his/her choosing. Illinois law states that an employee is entitled to “knowledgeable representation,” but not necessarily the representation of his/her choosing. The employer does not need to delay proceedings to wait for a trained union representative or someone with prior experience representing employees in disciplinary matters. The employer does not need to delay proceedings to wait for a trained union representative or someone with prior experience representing employees in disciplinary matters.

34. Right to Representation However, it doesn’t hurt to ask if a meeting can be rescheduled for a time when the representative of your choice is available. However, it doesn’t hurt to ask if a meeting can be rescheduled for a time when the representative of your choice is available. Make sure the request is reasonable; asking to wait a few hours is acceptable; asking to wait a few days is not. Make sure the request is reasonable; asking to wait a few hours is acceptable; asking to wait a few days is not.

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

36. What to do before, during and after a meeting

37. Before a meeting Informal meetings are often impromptu. Informal meetings are often impromptu. Either the representative or the member should gather as much information from the administrator as possible prior to the meeting. Either the representative or the member should gather as much information from the administrator as possible prior to the meeting. Insist on a few minutes for a private conversation between the member and the representative before the meeting starts. Insist on a few minutes for a private conversation between the member and the representative before the meeting starts.

38. Before a meeting Members should: Members should: Immediately write down everything that happened Immediately write down everything that happened Include: Include: Name, date, location/s Name, date, location/s Names of involved persons Names of involved persons Witnesses Witnesses Actual words spoken Actual words spoken

39. Before a meeting Members should: Members should: Get advice early from AR/other Association advisors Get advice early from AR/other Association advisors Keep copies of all correspondence, papers, etc related to the matter Keep copies of all correspondence, papers, etc related to the matter All such material should be kept AT HOME, not at school All such material should be kept AT HOME, not at school

40. Before a meeting Words of advice: Words of advice: Do not respond spontaneously to charges Do not respond spontaneously to charges Do not appear alone at any meetings regarding the incident Do not appear alone at any meetings regarding the incident Do not attempt to represent yourself Do not attempt to represent yourself

41. Before a meeting 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 review and time to consider all actions Do not agree to any proposals without a thorough review and time to consider all actions Do not submit any written statement to administration without having someone else review it Do not submit any written statement to administration without having someone else review it

42. Before a meeting The first stage of an incident and the moments/hours immediately following are often filled with trauma and stress. The first stage of an incident and the moments/hours immediately following are often filled with trauma and stress. This stress can inhibit clear and rational thinking. This stress can inhibit clear and rational thinking.

43. During a meeting Initial meetings are often “fishing expeditions” for administrators. Initial meetings are often “fishing expeditions” for administrators. The representative’s primary role at the initial meeting is to be a witness and to keep the meeting focused on its stated purpose. The representative’s primary role at the initial meeting is to be a witness and to keep the meeting focused on its stated purpose. Every meeting is unique. Every meeting is unique.

44. During a meeting Look for problems. Look for problems. Regard your supervisor as an equal as you attempt to resolve problems. Regard your supervisor as an equal as you attempt to resolve problems. Do not be intimidated. Do not be intimidated. Be constructive. Be constructive.

45. During a meeting If you are alone and the meeting starts to go badly, read your Union Rights card and request that the meeting be rescheduled. If you are alone and the meeting starts to go badly, read your Union Rights card and request that the meeting be rescheduled. If you are denied that request, continue the meeting, do not talk, and take detailed notes. If you are denied that request, continue the meeting, do not talk, and take detailed notes.

46. During a meeting If you are the representative and the meeting becomes verbally abusive and/or the member needs a break, you may ask for one. If you are the representative and the meeting becomes verbally abusive and/or the member needs a break, you may ask for one. You may end the meeting and ask to reschedule if the situation becomes out of hand. You may end the meeting and ask to reschedule if the situation becomes out of hand.

47. After a meeting After the meeting, the member/representative should After the meeting, the member/representative should Maintain confidentiality. Maintain confidentiality. Keep local president informed of pending or possible grievances. Keep local president informed of pending or possible 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!

48. Don’t Go There! When to call IEA 5 minutes ago

49. Don’t Go There! DCFS investigations DCFS investigations Criminal allegations Criminal allegations Sexual harassment/inappropriate touching Sexual harassment/inappropriate touching

50. Don’t Go There! Assault on an employee Assault on an employee Member to member conflict, including harassment concerns Member to member conflict, including harassment concerns Workers Compensation, Discrimination, Unemployment concerns Workers Compensation, Discrimination, Unemployment concerns

51. Grievances

52. Grievances Not every complaint is a grievance. Not every complaint is a grievance. Every contract must have a grievance policy which ends in binding arbitration. Every contract must have a grievance policy which ends in binding arbitration.

53. What is a grievance? Each contract is different, but basic language is: Each contract is different, but basic language is: A grievance shall mean a written complaint by a member of the bargaining unit or the Association that there has been an alleged violation, misinterpretation, or misapplication of any provision(s) of this Agreement. A grievance shall mean a written complaint by a member of the bargaining unit or the Association that there has been an alleged violation, misinterpretation, or misapplication of any provision(s) of this Agreement.

54. Grievance Processing A good grievance policy will include the following: A good grievance policy will include the following: Definitions Definitions Timeline and steps or levels Timeline and steps or levels Representation Representation Mutual waivers of steps of levels Mutual waivers of steps of levels Selection of arbitrator Selection of arbitrator Cost of arbitration – what is split Cost of arbitration – what is split No reprisal clause No reprisal clause

55. Principals of a good grievance procedure The procedure must include a clear definition of the problem which constitutes a grievance. The procedure must include a clear definition of the problem which constitutes a grievance. The procedure must be simple and easily understood. The procedure must be simple and easily understood. All time limits must be clearly stated. All time limits must be clearly stated.

56. Principals of a good grievance procedure The process must encourage prompt resolution. The process must encourage prompt resolution. Resolution at the lowest possible level should be encouraged. Resolution at the lowest possible level should be encouraged.

57. PRINCIPLES OF A GOOD GRIEVANCE PROCEDURE Absolute freedom from coercion, intimidation or reprisal must be assured. Absolute freedom from coercion, intimidation or reprisal must be assured. Management should agree that they will cooperate with the Association’s investigation of any grievance. Management should agree that they will cooperate with the Association’s investigation of any grievance. The employee must have a clear right to the assistance and support of the Association. The employee must have a clear right to the assistance and support of the Association. Binding arbitration by a neutral third party must be the final step in the procedure. Binding arbitration by a neutral third party must be the final step in the procedure.

58. WRITING A GRIEVANCE Writing a grievance statement usually initiates the formal stage in a grievance procedure. Writing a grievance statement usually initiates the formal stage in a grievance procedure.

59. GRIEVANCE FORM Date of grievance Date of grievance Statement of the grievance Statement of the grievance Contract/policy provision(s) violated Contract/policy provision(s) violated Remedy Sought Remedy Sought Date filed/Level of grievance Date filed/Level of grievance Signature Signature

60. Grievance Form CCs to grievant, grievance representative, Association president, immediate supervisor, superintendent, IEA CCs to grievant, grievance representative, Association president, immediate supervisor, superintendent, IEA

61. Next Steps Typically, the next step in the grievance procedure is to submit the grievance in writing to the Superintendent. Typically, the next step in the grievance procedure is to submit the grievance in writing to the Superintendent. The next step is generally a meeting before the Board; however, some polices skip this step. The next step is generally a meeting before the Board; however, some polices skip this step. The final step is binding arbitration. The final step is binding arbitration.

62. PREVENT A DFR SUIT BY AVOIDING: Bias Bias Discrimination Discrimination Arbitrary & capricious reasons for denial Arbitrary & capricious reasons for denial Negligence Negligence