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Due Process

Due Process

November 6, 2009 | Article

Court Affirms California Education Code Due Process Rights for Community College Faculty Members

The California Court of Appeal has affirmed that faculty due process rights set forth in the Education Code cannot be waived, even by a faculty member who is accused of misconduct and agrees to...

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August 4, 2009 | FAQs

What is an Unfair Labor Practice and how does it differ from a grievance?

An unfair labor practice is defined by statute. Generally speaking, it is a claim that an employer has taken action that interferes with an employee's rights to organize; alternatively, it can...

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August 4, 2009 | FAQs

Does the union have to take my case? Or can they refuse to pursue arbitration on my behalf?

No, a union does not have to pursue every case to arbitration. Unions have a duty to fairly represent their members (called a "duty of fair representation"), but they do not have to pursue every...

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August 4, 2009 | FAQs

Do I have the right to inspect my personnel file?

Absolutely. Under the Labor Code every employee has the right to inspect his or her personnel file; review all documents contained in the file; and make copies of documents in the file. If you...

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August 4, 2009 | FAQs

What if someone complains about me?

The Education Code provides that before the District can place derogatory information in a person’s personnel file, the affected person has a right to be advised of the information and given the...

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