DGA(LEGAL) - EMPLOYEE RIGHTS AND PRIVILEGES: FREEDOM OF ASSOCIATION

Association Membership

Education Code Chapter 21 does not abridge the right of an educator to join or refuse to join any professional association or organization. Education Code 21.408

Labor Organizations

An individual may not be denied employment by the ESC because of the individual's membership or nonmembership in a labor organization. Gov't Code 617.004

"Labor organization" means any organization in which employees participate that exists, in whole or in part, to deal with one or more employers concerning grievances, labor disputes, wages, hours of employment, or working conditions. Gov't Code 617.001

Collective Bargaining Prohibited

The Board shall not enter into a collective bargaining contract with a labor organization regarding wages, hours, or conditions of employment of ESC employees, nor shall it recognize a labor organization as the bargaining agent for a group of employees. Gov't Code 617.002

Strikes Prohibited

ESC employees may not strike or engage in an organized work stoppage against the ESC. However, the right of an individual to cease work shall not be abridged if the individual is not acting in concert with others in an organized work stoppage. Gov't Code 617.003(a), (c)

Penalties

Any employee who participates in a strike or organized work stoppage shall forfeit all reemployment rights and any other rights, benefits, or privileges he or she enjoys as a result of public employment or former public employment. Gov't Code 617.003(b)

Education Service Center, Region 2

DGA(LEGAL)-ESCA

UPDATE 7

DATE ISSUED: 4/28/2003