Often times teachers call the Association requesting representation for a meeting in which they are receiving a copy of a document, be it a memorandum or a disciplinary document. Employees do not have a right to representation when they are signing for receipt of a document. Because the employee may not know this, employees have refused to sign for receipt of the document. It is imperative that employees are aware that they can be held insubordinate for refusing to sign for receipt of a document.

Article 14-1 of the Collective Bargaining Agreement, (“Agreement”), requires the District to provide “a copy of each written report, comment, reprimand, or any other document concerning a teacher which the District places in either of the two (2) personnel files” to the employee. The two personnel files maintained by the District are the work site file and the central file. This article allows teachers to be aware of what is being put in their personnel files. Article 14-1 also provides that the teacher shall sign for the receipt of the document and that “such signature shall not be construed as agreement to the contents of the document.” Thus, per the Agreement teachers must sign for receipt of the document even if they do not agree with its content. Because teachers are signing for “receipt” of the document, it is imperative that a copy of the document is obtained at that time. Please note that the District cannot require a teacher to sign a resignation or request for leave of absence. The District cannot ask or require any employee to backdate any document. This is important to note in light of certain timeline requirements that the District must follow.

Teachers have an opportunity to address the document in several ways. One way to address the document is to write a response as allowed by Article 14-2 of the Agreement. Significantly, the teacher has 30 days to make a response in most circumstances. This response is attached to the document. However, if the document is disciplinary in nature and will be grieved pursuant to the provisions of Article 4 or appealed through Article 36, the Association may advise that no response be submitted. Certainly, if a teacher receives a document that they do not agree with and the document will be placed in either of the teacher’s two personnel files, the teacher should contact the Association for advice as to how to proceed.