DSEA Representation
WARNING: Teach, Don't Touch!
"Why does DSEA defend bad teachers?"
"Why does DSEA represent non-members?"
We have a duty to fairly represent.
As an elected, certified bargaining representative, DSEA and your local Association are obligated to make sure that everyone in your bargaining unit is fairly represented.
What does that mean? It means that everyone - no matter who they are or what they are alleged to have done - is entitled to their due process rights as spelled out in their negotiated contract. It's called our duty to fairly represent, and it assumes a responsibility to represent every member of the bargaining unit - whether they join DSEA or not or whether you think they are right or not - in a fair, consistent, good-faith and non-discriminatory manner.
This normally means that the Association must fairly represent them in two areas: the processing of grievances and in the negotiation of the contract.
You should know that Association representation for a teacher dismissal hearing is not part of a bargaining agent's duty to fairly represent. That is a benefit only accorded to members. Non-members wishing to appeal a termination notice would need to hire their own attorney.
In our Special Schools E.A., Public Health Nurses and ESP (educational support personnel: secretaries, paras, aides, transportation workers, custodians) contracts, representation for dismissal hearings is part of the Association duty to fairly represent since it is spelled out in the negotiated contracts.
The Duty of Fair Representation means:
- Every member of the bargaining unit must be treated in the same manner, whether or not they are a member of the Association.
- All grievances (yours or anyone else's) must be processed in good faith.
- All grievances must be treated in a fair and consistent manner.
- Any Association decision to discontinue the processing of any grievance at any level cannot be arbitrary or discriminatory.
- The Association's decision to continue or discontinue the processing of any grievance should be based on the merits of the case and the total impact on the contract.
- The Association may exercise discretion in the settlement of any grievance.
- The processing of a grievance should be fully documented and recorded to the extent that when a grievance is dropped or settled, the good faith basis for the decision is evident.
Remember: The Association has a duty to fairly represent you, too!
Many locals require "agency fee"
Representing non-members is why so many locals have bargained "fair share" language in their contracts. In these locals, non-members must either join or pay a fee for the services from which they benefit (a high percentage of the dues amount.) Some ESP locals have even bargained language whereby employees must either join or be terminated.