Know Your Rights!

Weingarten Rights & Potential Discipline

Right to Representation

It is very important for faculty to know that any time they are called in for a meeting that might lead to possible discipline, the Weingarten decision gives them the right to ask for FA, AFT 6157 representation. The importance of always having a Union representative with you at these meetings cannot be stressed strongly enough. The Weingarten decision basically states that if a faculty member even suspects that there is any possibility that discipline could arise, then the request to have a Union representative cannot be denied. Also, please remember that in the most recent contract settlement we have now included progressive discipline in our contract (new 22.2.1)

Union’s Position on Representing Faculty who File Charges:  Over the past year, the FA, AFT 6157 has been discussing the rights of faculty members under the Weingarten decision. With input from our attorney and from our Field Representative, we have determined that Weingarten requires us and of course we must, represent all faculty when a charge has been made against them because the charge could potentially lead to discipline. However, neither Weingarten nor the duty of fair representation requires the Union to represent faculty who have charged other faculty or classified staff with discrimination or harassment. Of course the Union will continue to represent all faculty to ensure that the process is properly followed.

If the faculty member does participate in a disciplinary meeting without a representative, any discussions that take place could be used against the faculty member.  If you decide to attend the meeting alone—which is your privilege—and you become uncomfortable with the questions or believe that discipline might occur during the meeting you can request to end the meeting until a union representative is available. Having an FA, AFT6157 representative at the meeting would ensure that due process was followed and appropriate questions were asked.

If and when faculty are requested to participate in an investigation/meeting, you have the right to request what the subject matter is, who has filed the complaint and who the complaint is against. Faculty should NEVER attend a meeting without asking the question first: “WHAT IS THIS MEETING ABOUT, SO I CAN BE PREPARED?” Additionally, you have the right to set up the meeting at your convenience.

Please remember to contact the Union if you are attending a meeting where discipline will occur or you believe it may occur.