Federal Resources U.S. Commission on Civil Rights: www.usccr.gov U.S. Dept of Labor-Best site to start with: www.dol.gov/compliance/guide/index.htm FMLA: www.dol.gov/whd/fmla/finalrule.htm Occupational Safety and Health Admin: www.osha.gov U.S. Equal Employment Opportunity Commission (EEOC): www.eeoc.gov
State Resources SC State Dept of Education Regulations http://www.myscschools.com/divi sions/ga/regs SC Code of Laws http://www.scstatehouse.net/code/ statmast.htm State Employee Grievance Law http://www.ohr.sc.gov/OHR/empl oyee/OHR-griev-act.phtm SC Criminal Law http://www.scstatehouse.net/code/t itl16.htm
The U.S. Constitution 1st Amendment Free Speech Freedom of Press Freedom of Religion Freedom of Assembly 4th Amendment Search and Seizure
About Your Rights
5th Amendment Due Process 14th Amendment Equal Protection Due Process of Law Liberty of Contract Minimum Wage Overtime Workers Comp
Questions?
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Member Advocacy Center www.thescea.org/mac
Local School District School Board Policies School Handbook Personnel Handbook
The South Carolina Education Association
School Employees Have Rights. KNOW YOUR RIGHTS The school board has the authority to hire, fire, assign, transfer, evaluate, promote and establish certain conditions of employment. Education employees have the RIGHT to organize, consult and hold the district accountable if they violate, misapply or misinterpret the law, or mistreat employees. GRIEVANCE A grievance is a claim by an employee that the district or supervisor has violated, misinterpreted, or misapplied a policy, rule, regulation or law. Each school district provides a grievance procedure for employees to use, if they feel a violation has occurred. To file a grievance is the right of every employee! The grievance procedure provides a systematic method of resolving employee-employer problems. The outcome of grievances may help establish rights of employees.
TYPES OF GRIEVANCES Disputes about facts. Violation of policy or law. Interpretation or application of policy. Inequitable treatment. Unfair or unreasonable treatment. Subjective. When there is not a clear violation of policy. Evaluations are an example. HOW TO PRESENT A GRIEVANCE Read the procedure and follow it! Stand united. Know the facts about what happened. Not rumor, facts! Stick to the issue. Remember, the “burden of proof” is on administration. Disagree with professionalism. IF YOU ARE ON THE SPOT Ask for representation in meetings or for a witness. Remain calm. Listen carefully. If put on the spot when asked to make an immediate decision, request time to seek advice or counsel. Take copious notes.
TIPS Periodically check your personnel file. Document, document, document. Read and familiarize yourself with board policies, personnel policies, school rules, etc. Meet deadlines. Do as asked, unless illegal or unsafe. Be careful with electronic mail. o Appropriate content. o Watch the time you are sending/reading. o No Political content. o Professional tone. Don’t make a rash decision in the heat of the moment. That includes resigning without seeking advice. If you do, the association may not be able to help you. Request time to make a decision and stand firm. Don’t refuse to meet with administration. Don’t let personal or family attorneys represent you in a school matter. Don’t let family members and friends interfere with the process. Don’t let problems fester. Don’t talk about your school problems in public.