Lake County Education Association

Involvement in professional issues Free Financial Planning Legal protection, including legal services and access to a Legal Defense Fund to help uphold contractual/legal rights of members Involvement in union decisions $1,000,000 professional liability insurance Representation in grievances Lobbying and political action Full time professional staff assistance Support for National Board Certification Regular newsletter / publications Public relations for the teaching profession Low cost group insurance opportunities AFT member discount benefits

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There is a collective bargaining law in Florida that gives an individual the right to join or not join a union. Of course, we believe anyone who benefits from LCEA’s efforts would want to join our organization. Furthermore, it’s one of the marks of a professional to join and support one’s professional organization in working to improve the profession. It would be wonderful if we could go to the bargaining table with the strength of all teachers in Lake County behind us when LCEA makes its proposals to the School Board. Our contract is directly representative of LCEA’s power and influence. A majority of the teachers presently employed in Lake County are members. However, our goal is to contact all non-members personally and ask them to join LCEA so we can truly speak and act as one united voice before the School Board, the community, and the Legislature.

No, not entirely. Florida law says that a union does not have to represent non-members in grievances, and LCEA has formally adopted a policy to coincide with that law. Legal counsel, in the event of duty-related difficulties, is limited to members only. Also, certain insurance plans are available only to LCEA members, as well as opportunities to serve on official committees representing teachers.

Local dues are no more than .00951 of the beginning teacher salary of a bachelor degreed teacher in Lake County. As Lake County teachers’ salaries increase, dues automatically go up. In addition, per capita dues are collected to pay to our affiliates AFT, FEA, NEA, and AFL-CIO.

You can’t afford NOT to belong. Some people can’t afford to be sick but that doesn’t mean they never have to go to a doctor. Union membership is protection when you need it. Let’s hope you never need to file a grievance or get transferred against your will. But if you do, LCEA is there to help you with legal counsel and/or professional help. Most of all, the power of LCEA at the bargaining table is directly related to the number of members in our organization. Benefits derived from discount buying, low cost insurance, higher salaries, etc., more than offset the cost of your dues.

LCEA is affiliated with the Florida Education Association and with the American Federation of Teachers (AFT) and the National Education Association (NEA). When you join LCEA, you automatically become a member of these organizations. As a result, you have representation at the local, state and national levels. Because the AFT is affiliated with the AFL-CIO, we gain additional support for public education. The AFL-CIO, whose 16 million members include many parents of students in our public schools, lobbies vigorously in the State Legislature, in Congress, and before school boards for items that will benefit schools and children. It is the one group that has consistently supported public education for 100 years.

If you have a reasonable belief that the answers you give might result in your being disciplined, you have a right to union representation during the meeting. Employees are entitled to Weingarten rights in the following situations: "Investigatory interviews," in which the supervisor is seeking to elicit facts, to have the employee explain his or her conduct, to discover the employee's "side of the story" or to obtain admissions or other evidence. A supervisor's request for a written statement or written answers to interrogatories about an incident or accident in which the employee's own conduct may be at issue. A meeting or discussion in which the employer either has not yet decided whether to impose discipline or is seeking information to support that decision. Employees are not entitled to Weingarten rights in the following situations: When the meeting or discussion is merely for the purpose of conveying work instructions, training or needed corrections. When the purpose of the meeting is simply to inform the employee about a disciplinary decision that has already been made and no information is sought from the employee. When the employer has clearly and overtly assured the employee prior to the interview that no discipline or adverse consequences will result from the interview, provided the employer keeps that promise. When, after the employer notifies the employee that he or she is being disciplined, the employee initiates further discussion.

Yes, LCEA has been very active in these areas. We are currently working on certification to begin our own program of professional development, at no cost for our members, to be held at the LCEA meeting room. We provide leadership training to building representatives and members. Through joint committee work, LCEA has provided teachers with opportunities to collaborate on development of the district’s research-based teacher evaluation system (TEAM), to help design specifications for and monitor employees’ health/hospitalization insurance, and to share in establishing guidelines for implementation of exemplary teacher recognition. Within our membership are many people who have made outstanding contributions to education locally, statewide and nationally. As a result, LCEA is considered an organization on the forefront of meeting today’s educational challenges.

No. There is a No-Strike provision written in our contract that prohibits strikes for the duration of the negotiated contract. Also, strikes are against Florida Law. Even if future conditions change, all members of LCEA would determine locally by majority vote if they wished to strike over a particular issue. No outside person or group could require or force LCEA to take strike action.

Twelve officers and board members who are elected by secret ballot conduct the business of our organization. The President and Vice President, who are part of the twelve members, are released by the School Board from teaching duties to be a full time president/vice president/staff persons for LCEA. Their salary is paid by LCEA from dues money. A Building Representative at each site who is responsible for seeing that information is disseminated, grievances are handled, and questions are answered at his/her school.

LCEA is the exclusive bargaining agent for all Lake County teachers.

Yes, we have one with excellent provisions, but any contract is only as good as its enforcement. When you suspect any part of your contract is not being adhered to, contact your Building Representative at once. He/she will advise you about the necessary steps to take.

Improved salaries; mandatory duty-free lunch time; a written grievance procedure ending with binding arbitration; five paid holidays; Board-paid health and life insurance; salary supplements for special duties; paid personal leave days; daily planning periods; and much more. The current contract is available electronically at the Lake County Schools websites. A hard copy or disc of the contract has been provided to each school’s media center.

Yes, we do. In fact, we own the building we use as an office. It is located at 1707 South Street in Leesburg. We have a full time Office Manager.

LCEA is open daily from 8:30 AM to 4:30 PM with office staff available.

Do you agree 100% with what any organization, church, or political group you belong to does? As a member, you have a voice in changing LCEA’s policies. Only members have the right to run for office, vote on decisions that are made, elect delegates, and choose a Building Representative for your school. If you feel a change is needed, there is a way to do it. Become involved yourself and urge your friends to do likewise. Remember, every member has one vote. Since LCEA represents all the teachers in our school system, be a member and let your opinion help shape the decisions made.

LCEA does not have the right to judge the competence or incompetence of teachers. That is the job of the school system administration. What we do accept responsibility for is seeing that every teacher is provided with due process. In this way, a teacher can be assured of having his/her rights protected under the law. At the same time we urge all teachers to be aware of their professional responsibilities and to seek to demonstrate the highest standards of professional performance.

LCEA has a good working relationship with the school administration in Lake County. Our organization tries to be cooperative whenever possible, and we believe the administration feels the same way toward LCEA. Of course, we may sometimes disagree on certain policies or on some negotiable items, but ultimately, we are able to work out our disagreements amicably.

If you have a reasonable belief that the answers you give might result in your being disciplined, you have a right to union representation during the meeting. Employees are entitled to Weingarten rights in the following situations: "Investigatory interviews," in which the supervisor is seeking to elicit facts, to have the employee explain his or her conduct, to discover the employee's "side of the story" or to obtain admissions or other evidence. A supervisor's request for a written statement or written answers to interrogatories about an incident or accident in which the employee's own conduct may be at issue. A meeting or discussion in which the employer either has not yet decided whether to impose discipline or is seeking information to support that decision. Employees are not entitled to Weingarten rights in the following situations: When the meeting or discussion is merely for the purpose of conveying work instructions, training or needed corrections. When the purpose of the meeting is simply to inform the employee about a disciplinary decision that has already been made and no information is sought from the employee. When the employer has clearly and overtly assured the employee prior to the interview that no discipline or adverse consequences will result from the interview, provided the employer keeps that promise. When, after the employer notifies the employee that he or she is being disciplined, the employee initiates further discussion.

Yes, employees would have a right to representation when the person being questioned is an alleged harasser or is alleged to have aided or abetted another person's harassment.

Possibly. We would argue that these rights apply when the employee's performance has been under scrutiny and the employee reasonably believes that his or her job is in jeopardy. However, it is unlikely that employees would have a right to representation when an evaluator comes in to conduct a performance observation.

Possibly, especially when the employer is seeking information from the employee or has given the employee a reasonable basis for believing that discipline or termination might result from the information exchanged during the discussion.

Whether the employee is responding orally or in writing, he or she is entitled to consult with a representative before submitting responses. Including, but not limited to the following situations: Employers demand that employees provide written statements or written answers to questions about accidents, events or allegations of misconduct. The employee is asked to provide such written information by a certain time (such as, "by the end of the day.") Employees are invited to a meeting and asked to write their statements or answers right on the spot. An employee is entitled to the assistance of a union representative in any of these situations. The representative may be able to convince the employer that the questions are inappropriate or that additional questions ought to be asked.

No. Although such interviews typically take place in the office of a supervisor, Weingarten rights apply anywhere.

Be careful, they are not obligated to inform you. Weingarten rights are not like Miranda warnings, which require the police to advise a suspect of his or her rights to remain silent and to have a lawyer present. Absent such a requirement in your collective bargaining agreement, the employer has no obligation to advise you that you can have union representation present. Instead, it is up to employees to know their rights and ask for representation in investigatory interviews in which there is a reasonable belief that discipline may result.

Whether the employee "reasonably expects discipline may result" is not determined by the employee’s subjective feelings. Instead, the question is whether any reasonable employee, given the same circumstances, would believe that discipline could result. For example: What did the employer say to the employee when announcing or initiating the meeting? Has the employer provided any oral or written warnings? Have there been oral or written allegations of misconduct? Has the employee been under scrutiny previously? Have other employees been disciplined for conduct similar to that being investigated at this meeting? However, whenever in doubt, ask for union representation.

The cases are unclear in this situation. We recommend that employees ask for representation at any point in the meeting when the employer solicits information. When an employer is questioning an employee to obtain information to support or possibly alter its disciplinary decision, Weingarten rights apply. Most employers will stop the meeting and allow the employee to contact his or her union representative when Weingarten rights are asserted.

The employee should request representation as soon as the employee becomes aware that the employer is seeking information that may result in discipline or that might support a disciplinary decision already made. The employee can make the request at any time, even in the middle of the meeting. If an employee delays in making the Weingarten request, the employer is allowed to use any information obtained before the request was made, as long as the request for representation is honored promptly.

Simply stating, "I would like my union representative present" is sufficient to invoke the right. Even questions such as, "Shouldn’t I have a representative here?" have been considered sufficient to assert Weingarten rights. The employee's request does not have to be in any particular form; no magic words are required, nor does the request have to be in writing.

No. It is incumbent upon the employer to provide Weingarten rights, even if the request is made to a lower-level supervisor who is not conducting the meeting and the request is not repeated at the outset of the meeting.

Employees should ask for representation even if they are not sure, they are entitled to it. The employer cannot discipline an employee simply for asking. Employees could also ask whether the meeting could result in disciplinary action. If the employer answers "no," the employer must follow through on that promise or risk violating the law. If the employer's answer is anything but "no," the employee would be reasonable to ask for representation.

Yes. If an employee does not affirmatively ask for representation, he or she will be considered to have "waived" his or her rights. However, as noted earlier, there are no "magic words" required in making the request. All that is required is for the employee to say enough to convey to the employer that representation is requested. If the employer claims that the employee chose to continue the interview without representation, the employer must demonstrate that the choice was voluntary, clear and unmistakable. For example, if the employee elected to go forward without a representative only after the employer told him "things will be worse for you if you insist on having the union present," then the choice would not be deemed "voluntary."

Once the request is made, the employer has three lawful options: The employer can grant the request and delay the interview or meeting until the representative arrives and has a chance to consult privately with the employee; discontinue the meeting or interview or allow the employee to choose whether to continue unrepresented or forgo the interview entirely.

Lake County Schools policy is "yes." Some courts have held that "meaningful" representation implicitly requires advance notice of the precise allegation against the employee, even if the person making the charges has been promised confidentiality. Without knowing what the charges are, the union cannot provide meaningful advice or assistance. Certainly, a union has a right to information under M.G.L. c. 150E, including information about allegations that are made against bargaining unit members and copies of written charges and witness statements.

Yes. Employees cannot be disciplined or discharged for refusing to surrender their right to union representation under Weingarten. If it is truly a Weingarten situation, the employee may remain silent. Note: If the allegations are criminal in nature, such as assault or sexual assault, the right against self-incrimination may apply. The union should seek the assistance of counsel before advising the employee on how to respond to the questions.

The employee may choose his or her own representative, without the employer's interference as long as the choice does not unduly disrupt the employer's ability to conduct the investigation. This usually means that the employer should try to comply with the employee's request, even if it means some delay in scheduling the meeting. On the other hand, the employer does not have to postpone the meeting unreasonably. The reasonableness of either the employer's or the employee's behavior is measured on a case-by-case basis.

The union representative should provide assistance, as needed, to the employee during the meeting. Thus, the representative should be informed about the subject matter of the meeting, including (at least arguably) copies of charges or allegations, if written, and copies of witness statements. In addition, the representative may consult privately with the employee before the meeting; speak and be proactive during the interview as long as doing so does not interfere with or disrupt the meeting; advice and counsel the employee; provide additional information to the employer at the end of questioning; and bear witness to the proceedings and take detailed notes.

The general rule is that the employee may choose his or her own representative. If the interview or meeting is scheduled sufficiently in advance, the representative can meet with the employee on off-duty time. If the interview or meeting is scheduled so closely that off-duty consultation is not possible, the employer would have to provide class coverage for the representative.

No, unless the matter under discussion has criminal implications. Generally, an employee does not have the right to remain silent as long as his or her representational rights have been honored, and the union representative may not direct the employee to remain silent. Cautionary Note: An employee may not be protected if he or she refuses to participate in a meeting that is subsequently found to lack Weingarten status. Therefore, we recommend that employees consult with their union representatives for advice about their rights any time they are called to a meeting with the employer.

Florida State law states, “Both parties have to agree to be tape-recorded or video-taped.” It is illegal under the state's "wiretapping law" to secretly tape-record an oral communication, including an interview, and a person who does so can incur both criminal and civil penalties. It is not clear whether one party can lawfully insist upon openly tape-recording against the wishes of the other party. We maintain that the practice of tape-recording investigatory meetings is a mandatory subject of bargaining.

An employer commits a prohibited practice under Chapter 150E if the employer refuses an employee's request for representation during an investigatory or disciplinary meeting or otherwise withholds the full panoply of Weingarten rights; disciplines an employee for asserting his or her Weingarten rights; threatens or coerces an employee exercising Weingarten rights; or threatens or disciplines a union representative for assisting an employee in a Weingarten meeting. The Department of Labor Relations will order the employer to rescind any retaliatory threats or discipline imposed because an employee or union representative exercised Weingarten rights. Moreover, if the department finds that the discipline ultimately imposed by the employer was affected by the information obtained at the unlawful meeting, or was affected by the fact that no union representative was present, then the department will also order that discipline rescinded. The department will also order the employer to post a notice of the violation. In addition, information obtained during questioning of an employee in violation of the employee’s Weingarten rights should be excluded as evidence of misconduct in any discharge or discipline arbitration.