Your Rights
In addition to the links below, you may wish to refer to these legal issues.
Other pages on this site dealing with your rights:
Legal References
C.M.R. 17.00 on agency service fees
| AEA members | Agency Fee Payers |
|---|---|
| Covered by contract; can get help on contractual matters. | (Same) |
| Can participate in all AEA votes | Can only participate in ratification votes |
| Are covered by $1,000,000 insurance policy which protects against lawsuits connected with your employment | Excluded from coverage |
| Can serve on AEA committees and set AEA priorities | Can hold no union office, nor influence union direction |
| Benefit from group purchasing discounts on auto, homeowners & life insurance, mortgage refinancing, vision care, tax preparation | No benefits |
| Have access to reduced admissions to over 1,000 museums, theaters, stores, ski areas, & more | No reduced admissions |
| May receive free legal advice and representation in areas such as employment discrimination, unemployment, retirement, civil rights violations, privacy issues, workers compensation | No free legal services |
| Are entitled to assistance in defraying legal costs incurred in defending against charges of crimes alleged to have occurred in the course of employment |
No assistance |
| Have access to reduced-fee legal services for non-employment legal problems | No access to this program |
Evaluations: M.G.L. Chapter 71, section 38
Evaluation: MA DOE regulations: 603 CMR 35.00
Labor Relations for Public Employees
Mandatory and Permissable subjects of collective bargaining
Massachusetts Labor Commission
Professional Teaching Status: M.G.L. Chapter 71, section 41
Professional Teaching Status: M.G.L. Chapter 71, section 42
Note: During the time that a waiver is in effect, service of an employee of a school district to whom the waiver applies shall not be counted as service in acquiring professional teacher status or other rights under M. G. L. c. 71, ยง
Seven Tests of Just Cause for Dismissal
What to do if you've been RIF'd
Work, then Grieve
DEFINITION: Insubordination is defined in Black's Law Dictionary as "State of being insubordinate; disobedience to constituted authority. Term imports a willful or intentional disregard of the lawful and reasonable instructions of the employer." Webster defines insubordination as "not submitting to authority, rebellious."
IT CAN GET YOU FIRED! Insubordination is one of the major contributing factors in many employee dismissals and is one of the easiest charges to prove. However, it is a concept that is misunderstood by many employees and as a result they place themselves in the position of being insubordinate. In order to avoid this hazard, a thorough understanding of the concept is necessary.
REMEMBER WHO'S BOSS! First, it is important to understand that the principal or immediate supervisor has some management rights simply because he or she is the "boss." Any principal or immediate supervisor has the right to exert leadership, to direct the institutional operations, to enforce rules, policies, reasonable orders and directions so long as they conform to the contract and are clear and unambiguous, not injurious to your health, applied uniformly, and justly administered.
RULE #1: The best rule to follow in regards to insubordination is "Don't be."
WORK, THEN GRIEVE RULE: If a worker at your site comes to you and questions a directive issued by the immediate supervisor or principal, advise him or her to discuss the objections with the principal. If the principal insists that the order be obeyed, advise the member to comply unless it is a threat to the health or safety of the staff member or students. Then file a grievance. This is the "Work, then Grieve" rule