Legal Question in Administrative Law in California

california teacher's union nonrepresentation

Ive been a public school teacher for 15 years. Last year the district

changes my permanent status to temporary along with 15 of my

peers. We've paid union dues to CTA for15 years and they state

we as temp employees have no union or legal rights, We've all

been laid off and the union states we have no senioroty or

bumping rights according to our teacher's contract. They say it

doesn't apply to us since were only temp employees. Is this legal

for the district to alter our status.? Is the union responsible to

legally represent us? Any assistance would be greatly

appreciated.


Asked on 3/26/04, 12:27 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: california teacher's union nonrepresentation

I guess this all depends upon whether the contract or perhaps some law that supersedes the contract allows for the downgrading of a so-called 'permanent' position or employment status to temporary. If your contract contains such a provision, then 'permanent status' is kind of an oxymoron.

I think the answer lies in your contract. If your union steward is not interpreting the contract properly, your group of 15 should get together and obtain at least an initial free consultation with a local labor-relations attorney who represents workers (rather than management).

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Answered on 3/26/04, 1:13 pm


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