As a result, we would like to take a moment to clear up some confusion that may have been caused by union communications, as well as keep you informed and up-to-date with your rights as a non-union member.
First of all, KEYTA is a professional teachers association, not a union. Teacher unions have exclusive rights, by law, to be the only union bargaining on the employee’s behalf. Since KEYTA is not a union, we can support and represent our members in every school district and public school entity across Pennsylvania. We are not a competing union, and therefore are not excluded from being in a school district establishment. Pennsylvania law states that you cannot have a competing union on the grounds where one union has been established. Pennsylvania laws make no such mention of multiple teacher associations in one establishment.
In the landmark decision of National Labor Relations Board v. Weingarten, 420 U.S. 251 (1975), the U.S. Supreme Court held that the National Labor Relations Act provides a statutory right to members of a bargaining unit to insist on having a representative present at an investigatory interview in which the employee reasonably believes that it could lead to disciplinary action. For this Weingarten right to apply, an employee must have a reasonable belief that he or she will be subject to discipline at or as a result of the meeting.
Essentially, the courts have stated that the right to choose a representative in a Weingarten setting is the right of the individual, not the district or the union. The issue in that case centered not on the existence of the right of representation itself, but on who had the right to select a particular representative. The decision made clear that the member may choose his or her representative and that neither the employer nor the union may make that selection.
There are a myriad of ways in which your right of representation can arise. Many times, your administrator will notify you of your right to bring representation. As soon as you are notified of a meeting at which you are entitled to bring representation, it is important that you contact KEYTA immediately to make arrangements. However, it is not always the case that you are provided advance notice of your right and legally it is your responsibility to exercise that right. Should you find yourself unexpectedly in a disciplinary meeting, you should expressly state that you are requesting representation and ask that the meeting be suspended and rescheduled to permit a KEYTA representative, friend or colleague to be present.
Should you find yourself in a situation that places you in a disciplinary meeting, contact KEYTA immediately at 717-763-1168 or 877-33-KEYTA (53982)
Finally, what sets KEYTA apart from the teacher’s unions:
- 100% dedication to each of our members. We always offer legal assistance to our members when needed and provide additional guidance and support when other employment issues arise.
- Our dues have remained frozen for several years, while the unions keep continuing to increase their already high annual dues.
- KEYTA provides $2 million in professional liability insurance…twice what the unions offer.
- We are non-partisan and will never tell our members how to vote or who to vote for. KEYTA members find comfort that their dues are not supporting the promotion of candidates and ideals that are different from their own.
- KEYTA is state-based, which means your dues remain in Pennsylvania and do not support other state or national bureaucracies, like the dues of union members.
- Many other benefits and services that provide you with peace of mind that support is only a phone call away.
Best wishes for a great school year!
