Labor Issues - Due Process
Without a negotiated contract…
- teachers do not have the right to an impartial hearing on any charges
- teachers do not have the right to respond to accusations
- teachers do not have the right to defend themselves
- teachers can be disciplined based on anonymous material
With the negotiated CTU contract…
- teachers have the right to due process
- teachers have the right to a hearing before a neutral third party
- teachers have the right to defend themselves, their actions
- teachers cannot be disciplined based on anonymous material
In the CTU – Camden diocesan contract, the Grievance Procedure provides for the complete, open, and impartial hearing of any and all accusations which may lead to disciplinary action against any teacher.
A teacher need never fear being ambushed by undocumented, unsupported, anonymous complaints.
The process for addressing written, documented accusations against teachers is clearly described in the contract. If a teacher believes that he/she has been disciplined in violation of any provision of the contract then the grievance procedure spelled out in the contract begins.
Step 1: | the teacher reduces the nature of the grievance to writing and then, with representation of his/her Union delegate, meets with the principal |
| Step 2: | if the principal’s reply to the grievance is not satisfactory to the teacher, he/she submits a written statement to the Superintendent for a meeting, including the teacher’s Union representative |
| Step 3: | if the Superintendent’s decision is unsatisfactory, the teacher & Union move the grievance to a hearing by a neutral third party – if the grievance concerns the dismissal of a tenured teacher, the issue may be heard by the American Arbitration Association |
Under the CTU - Camden diocesan contract
A teacher’s personnel file
- is a report of a teacher’s documented performance accessible only to school system administrators, the Bishop and the teacher;
- cannot contain any detrimental or derogatory material unless the teacher has received a dated copy of it, to which the teacher may respond in writing for the file;
- written copies of any detrimental material to be used in any disciplinary matter must be given to the teacher;
- cannot contain anonymous material.
A teacher called to a meeting with an administrator
- has the opportunity for his/her Union representative to be present at any meeting which may be of a disciplinary nature and must sign a written form that he/she does not want a representative present, if that is the teacher’s desire;
- must receive written notification of the nature of the meeting if it will, or may, lead to disciplinary action against the him/her.
Furthermore, “no reprisal of any kind shall be taken against any employee who participates in the processing of a grievance.” Article VII, Section C.5, Current Contract