"A teacher's working conditions...

are a student's learning conditions."

P. R. & R. COMMITTEE

The PR&R (Professional Rights and Responsibilities) Committee is often known as the Grievance Committee or the "Guardians of the Contract." PR&R is responsible for assisting employees in the processing of individual grievances and for representing the LEA in the processing of class action grievances.

A grievance is a formal process by which a member or a class of members seeks a remedy to a situation believed to be contrary to the contract between the LEA and the School Committee. PR&R has representatives from each school, and its chair is a member of the Executive Board. Along with the Building Representatives, the PR&R Representatives are the grass roots of the LEA and the members' liaison to the Executive Board.

Together, the PR&R Committee and the Building Representative Committee make up the LEA's Representative Council, which is chaired by the LEA Vice-President.

(PR&R Rep Role Description)

Kari Zbikowski & Rebecca Gruber, Chairpersons, Fiske School, 781-541-5001 & Diamond Middle School, 781-861-2460

Cheryl Tikonoff, Bowman Elementary School, 781-861-2501

Marie-Louise Bean, Bridge Elementary School, 781-861-2511

Jesse Richardson , Estabrook Elementary School, 781-861-2521

Margaret Waugh, Harrington Elementary School, 781-860-0012

Kari Zbikowski, Fiske Elementary School, 781-861-2530

Larry David, Lexington High School, 781-861-2320

Lynn Perry, Hastings Elementary School, 781-860-5800

Sam Shannon, Clarke Middle School, 781-861-2450

Diane Corbett, Diamond Middle School, 781-861-2460

Kari Zbikowski, Fiske School, 781-541-5001

(Sample Grievance)

An employee’s right to representation in investigatory or pre-disciplinary meetings was established in a 1975 United States Supreme Court decision, NLRB v. Weingarten, Inc. The Massachusetts Labor Relations Commission has adopted the Weingarten rules for public employees covered by M.G.L. c. 150E, the right to collective bargaining.

What situations give rise to Weingarten rights?

• Where an employee has a reasonable expectation that discipline may result.
• Where the purpose of the meeting or interview is to investigate an employee’s allegedly inadequate work performance or other misconduct, where discipline of any kind is a possible result.
• Where the purpose of the meeting or interview is to elicit the employee’s side of the story, or obtain admissions or other evidence either to determine whether or not discipline is warranted or to support a disciplinary decision already made.
• Where the employee is required to explain or defend his/her conduct in a situation which the employee reasonably fears could affect his/her working conditions or job security.

What situations do not give rise to Weingarten rights?

• Where the meeting or discussion is merely for the purpose of conveying work instructions, training, or needed correction.
• Where 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.
• Where the employer has clearly and overtly assured the employee prior to the meeting that no discipline or adverse consequences will result from the interview.
• Where any discussion that occurs after the employer has notified the employee of the discipline has been initiated by the employee rather than the employer.

Does the employer have to inform you about your Weingarten rights before a meeting? Absolutely not! It’s up to you to know your rights and ask for representation.

How and when should an employee request representation? As soon as the employee becomes aware that the employer is seeking information that may result in discipline, or to support a disciplinary decision, the employee should state his/her desire for representation. The employee’s request does not have to be in any particular form nor does it have to be in writing. Even words such as, “Shouldn’t I have a representative here?” have been considered sufficient to assert Weingarten rights. As to when, the employee can make the request at any time, even in the middle of the meeting. (However, the employer will be permitted to use any information obtained before the request was made.) If in doubt, ask if the meeting could result in disciplinary action. If the answer is anything but “no,” the employee would be reasonable in asking for representation.

As you might expect, there are many other questions which arise around these rights. When in doubt or for further clarification, call on your LEA representatives.

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