For Probationary Teachers
Probationary and Temporary Teachers
Right to Participate in Union Actions
Information provided to WTA from the California Teachers Association
The California Education Code provides that probationary teachers
must be given a thirty-day notice as to the reasons for a
contemplated dismissal during the school year and are entitled to a
hearing. They may be non-renewed at the end of a school year
without a hearing and without stating the reasons for the
non-renewal.
The Education Code provides that temporary contract teachers who
serve at least 75% of the number of days of the regular school year
have reemployment rights for the following year. Probationary and
temporary teachers cannot be dismissed or non-renewed for
exercising their right to engage in protected union actions.
Probationary or temporary teachers who are dismissed or
non-renewed for engaging in protected activity would be entitled to a
hearing before the Public Employment Relations Board (PERB) in
addition to other hearing rights. Probationary and temporary
teachers, like any other group of employees, cannot be singled out for
reprisals simply because their rights are less extensive than those of
permanent employees.
Many temporary and probationary employees have participated in
strikes and other actions in Santa Maria, Sacramento, Los Angeles,
Beverly Hills, Stockton, Hayward, San Diego, Compton, Oakland,
Atascadero and elsewhere. None have suffered reprisals or were
punished or fired for the participation in these actions.
Probationary Teacher Rights
Many probationary teachers are understandably nervous about
participating in organizational activities during this time of crisis.
Probationary teachers should not, however, feel concerned. They are
protected under state law. Normally, probationary teachers may be
non-renewed under California law without the employer being
required to state a reason and without giving the probationary
employee a hearing. This may result in some probationary employees
being afraid that the district will take reprisals against them or that
they are more vulnerable than other employees.
This is simply not true!
Ironically, by participating in organizational activities, probationary
employees guarantee themselves more protections than they would
otherwise have.
Section 3540 of the Government Code protects the right of all
employees to support, participate in, and take concerted action with
other employees. Employers are prohibited from taking reprisals
against employees for exercising these rights. This protection is
regardless of their employment status.
Under a California Supreme Court decision (McFarland Unified School
District v. Public Employment Relations Board), probationary teachers
may not be reprised against for engaging in protected organizational
activities. In the McFarland case, the court ordered the district to
reinstate a teacher who had been non-renewed and further ordered
the district to grant the teacher tenure.
It is not necessary for a probationary teacher to prove that
organizational activities were the reason for a non-renewal. Because
districts are not required to state a reason for a non-renewal it would
be difficult for the teacher to prove what the district's motivation was.
If the teacher can demonstrate that he or she participated in
organizational activities prior to non-renewal, the district must then
prove that those activities were not the reason for the non-renewal.
The burden of proof is on the district
Furthermore, the probationary teacher would be entitled to a hearing
before the Public Employment Relations Board on these allegations.
Your Association will represent any probationary teacher who has
participated in concerted activities in support of our struggle for a fair
contract.
The safest bet for any probationary teacher is to participate in
authorized organizational activities. Any attempt to harass or
intimidate probationary employees should be reported immediately
to the Association office.
Right to Participate in Union Actions
Information provided to WTA from the California Teachers Association
The California Education Code provides that probationary teachers
must be given a thirty-day notice as to the reasons for a
contemplated dismissal during the school year and are entitled to a
hearing. They may be non-renewed at the end of a school year
without a hearing and without stating the reasons for the
non-renewal.
The Education Code provides that temporary contract teachers who
serve at least 75% of the number of days of the regular school year
have reemployment rights for the following year. Probationary and
temporary teachers cannot be dismissed or non-renewed for
exercising their right to engage in protected union actions.
Probationary or temporary teachers who are dismissed or
non-renewed for engaging in protected activity would be entitled to a
hearing before the Public Employment Relations Board (PERB) in
addition to other hearing rights. Probationary and temporary
teachers, like any other group of employees, cannot be singled out for
reprisals simply because their rights are less extensive than those of
permanent employees.
Many temporary and probationary employees have participated in
strikes and other actions in Santa Maria, Sacramento, Los Angeles,
Beverly Hills, Stockton, Hayward, San Diego, Compton, Oakland,
Atascadero and elsewhere. None have suffered reprisals or were
punished or fired for the participation in these actions.
Probationary Teacher Rights
Many probationary teachers are understandably nervous about
participating in organizational activities during this time of crisis.
Probationary teachers should not, however, feel concerned. They are
protected under state law. Normally, probationary teachers may be
non-renewed under California law without the employer being
required to state a reason and without giving the probationary
employee a hearing. This may result in some probationary employees
being afraid that the district will take reprisals against them or that
they are more vulnerable than other employees.
This is simply not true!
Ironically, by participating in organizational activities, probationary
employees guarantee themselves more protections than they would
otherwise have.
Section 3540 of the Government Code protects the right of all
employees to support, participate in, and take concerted action with
other employees. Employers are prohibited from taking reprisals
against employees for exercising these rights. This protection is
regardless of their employment status.
Under a California Supreme Court decision (McFarland Unified School
District v. Public Employment Relations Board), probationary teachers
may not be reprised against for engaging in protected organizational
activities. In the McFarland case, the court ordered the district to
reinstate a teacher who had been non-renewed and further ordered
the district to grant the teacher tenure.
It is not necessary for a probationary teacher to prove that
organizational activities were the reason for a non-renewal. Because
districts are not required to state a reason for a non-renewal it would
be difficult for the teacher to prove what the district's motivation was.
If the teacher can demonstrate that he or she participated in
organizational activities prior to non-renewal, the district must then
prove that those activities were not the reason for the non-renewal.
The burden of proof is on the district
Furthermore, the probationary teacher would be entitled to a hearing
before the Public Employment Relations Board on these allegations.
Your Association will represent any probationary teacher who has
participated in concerted activities in support of our struggle for a fair
contract.
The safest bet for any probationary teacher is to participate in
authorized organizational activities. Any attempt to harass or
intimidate probationary employees should be reported immediately
to the Association office.
Washington Teachers Association
316 Webster Street
West Sacramento CA 95691
(916) 371-0882
Send us an email
316 Webster Street
West Sacramento CA 95691
(916) 371-0882
Send us an email
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West Sacramento CA
