Know Your Rights

By Barbara Hanfling, FA, AFT 6157 Executive Director

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 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. The importance of always having a Union representative with you at these meetings cannot be stressed strongly enough.

Union’s Position on Representing Faculty who File Charges: The Union has determined that the Weingarten decision and duty of fair representation 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 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. 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.