Member Rights

Saturday, August 13, 2022

Member Rights

It’s important as BAEA members to understand your rights in the workplace. Educators and support professionals have basic legal rights to safe, healthy, and fair conditions at work.

You have the right to form, join, and support unions. You are protected from employer and union discrimination, also known as unfair labor practices.

As a member of BAEA, you also belong to PSEA, the largest public-sector union in the country. Through our partnership with PSEA, PSEA’s Legal Division will defend your rights and help to make sure your rights as a school employee are protected. If you feel that your rights have been threatened, contact your BAEA Leadership.

Union Representation

Employees have the right to representation when called to a meeting by administrators in certain circumstances.

“Weingarten rights” give employees the right to request union representation during a meeting if the following conditions are met:

The meeting is an investigatory interview.
The employee reasonably believes that disciplinary action may result from the meeting.
The employee requests representation.

Weingarten Rights

"If this discussion could lead to my being disciplined or terminated, I respectfully request that my association representative be included in the meeting. Without representation, I choose not to answer any questions."

If an advocate is not available, an employee can ask that the meeting be postponed.

Due Process

Public employees are entitled to a due process hearing before the employer makes a decision to terminate the employee. This is called a Loudermill hearing. Some employers may also offer a Loudermill hearing when considering adverse employment action that is less severe than termination.

Employees cannot be required to attend a Loudermill hearing. However, employees may be required to attend investigatory hearings.

BAEA advises any member called to a Loudermill hearing to contact BAEA Leadership immediately.

Loudermill hearings

A Loudermill hearing provides the employee with the following:

Notice of the charges against him/her
A summary of the evidence
The opportunity to respond

Unfair Labor Practices

Pennsylvania’s Public Employee Relations Act (Act 195) governs relationships between public-sector employers and employee organizations.

Act 195 states that public employers, their agents, or representatives are prohibited from engaging in “unfair labor practices.”

Examples of unfair labor practices by an employer:

Unilaterally declaring a position to be out of the bargaining unit
Discriminating or retaliating against anyone based on the person’s protected union activity
Unilaterally diverting bargaining unit work to non-bargaining unit personnel, whether through subcontracting, asking for volunteers, or assigning people from other bargaining units to perform the work
Unilaterally changing a term and condition of employment.

A local association must file the charge of unfair labor practices with the Pennsylvania Labor Relations Board (PLRB) within 120 days of when it knew or should have known of the violation.

If you believe that your employer or one of its representatives has engaged in unfair labor practices, immediately notify your local association leadership.

PA Right to Know Law

Pennsylvania’s Right-to-Know Law provides public access to the records of public school districts, intermediate units, charter schools, and public trade or vocational schools, along with courts and state agencies.

The law defines a “public record” as any information that documents a transaction or activity of the agency, and information that is created, received, or retained by law or in connection with the business or activities of the agency. This information can be in any form – paper or electronic. The law is very broad in scope, and would include many records created or received by individual public employees.

Find complete information in this PSEA Legal Advisory.

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