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Definition
Insubordination is defined in Black's Law Dictionary as "State of being insubordinate; disobedience to constituted authority. Term imports a willful or intentional disregard of the lawful and reasonable instructions of the employer." Webster defines insubordination as "not submitting to authority, rebellious."
It Can Get You Fired
Insubordination is one of the major contributing factors in many employee dismissals and is one of the easiest charges to prove. However, it is a concept that is misunderstood by many employees and as a result they place themselves in the position of being insubordinate. In order to avoid this hazard, a thorough understanding of the concept is necessary.
Remember Who's Boss
First, it is important to understand that the principal or immediate supervisor has some management rights simply because he or she is the "boss." Any principal or immediate supervisor has the right to exert leadership, to direct the institutional operations, to enforce rules, policies, reasonable orders and directions so long as they conform to the contract and are clear and unambiguous, not injurious to your health, applied uniformly, and justly administered.
Follow the "Work, Then Grieve" Rule
The best rule to follow in regards to insubordination is "don't be." If a worker at your site comes to you and questions a directive issued by the immediate supervisor or principal, advise him or her to discuss the objections with the principal. If the principal insists that the order be obeyed, advise the member to comply unless it is a threat to the health or safety of the staff member or students. Then work with your site representative to file a grievance. This is the "Work, then Grieve" rule.
My spouse also teaches in this district (or another district). Why should we pay double dues?
When you were employed it was not because of your marital status, but because the district felt you would make a good addition to our staff. CEA works on behalf of each teacher - so that, in a sense you and your spouse reap double benefits, e.g., you both receive the salary increases the Association bargains. Have you ever tried to get your insurance company to cut your premium in half, just because your spouse happens to also have a policy with the same company?
I can't afford it.
You can't afford not to join - and join now. CEA/CTA/NEA have contributed continuously to winning benefits already reflected in your paycheck. Payroll deduction provides an affordable pay-as-you-go dues payment plan. We don't accept "can't afford it" from school board negotiators. Why should we be any less firm with those who benefit directly from salary boosts and other benefits we are winning?
I don't agree with a lot of things that the Association does.
Okay! That's your privilege. But can you honestly say that you never disagree with the actions of the State Legislature or Congress? Nonetheless, you don't drop your citizenship, give up your voting franchise, and refuse to pay your taxes. Representative government - in organizations as well as nations - depends on people who "pay their dues" and who participate in decision-making. If you don't agree with some direction the Association is taking, join up, become active, and work to change its course.
I don't have a voice in what the Association does.
Yes, you do - if you want one. You can make your voice heard every time your local takes action. You also have direct representation to the CTA State Council and NEA Representative Assembly through the representatives you elect. California has eleven members on the Board of Directors of the NEA and these members will make your wishes known - if you communicate with them through your chapter's policy-making body.
All my CTA/NEA local chapter is interested in is more money for teachers. This isn't my idea of a professional organization.
Have you examined the CTA/NEA local chapter budgets lately? A significant amount is spent just on support for programs and services for members. In addition to this, a good part of the CTA-local activities deal with public relations, which helps all educators, as well as improving instruction, and working conditions.
I don't believe in joining anything.
We respect your right to your own beliefs, but is it true that you are opposed to all organized groups? Don't you belong to a credit union? Do you purchase any insurance? Do you contribute to any charities? If all teachers refused to band together, we wouldn't have any security - no guaranteed sick leave, no liability protection, no tenure rights, no fringe benefits, no federal aid - those are only some of the legal protections gained by CTA and NEA. Joining with others whose interests coincide is the way to get things done in our American Society.
I don't see what CTA and NEA does that the local Association can't do...I'd rather spend my money on just my local Association.
Consider this one example: If your local Association were to attempt to employ its own legislative contacts, your local dues would probably jump to $600, at least - and you can't get laws enacted just by "writing letters to your legislative representative." We need a powerful lobby in Sacramento, and Washington D.C. - and CTA and NEA provide those lobbies. Then there's the CTA/NEA computerized research data for bargaining, CTA/NEA rep before PERB, etc.
There isn't any real reason for me to join - after all, any salary or employment benefits negotiated locally by the Association or enacted law with CTA/NEA support will be mine anyhow.
That's partly true. There are membership benefits you can't obtain as a fee-payer. If you should be unfortunate enough to receive a dismissal notice, or be subjected to a credential revocation process, for example - then it would be too late to obtain CTA/NEA legal assistance.
I hear a lot about CTA insurance. I already have insurance. What good is CTA's to me?
Read your insurance policy carefully. Does it provide the $1,000,000 worth of professional liability insurance you get from CTA? Then there are the insurance plans provided as part of your fringe benefits - as negotiated with CTA/NEA help. Have you compared those insurance coverages and rates with what you can buy as an individual?
I have my own attorney. If I ever get in trouble, I'll use my attorney.
By all means do. But you and your attorney may be able to save yourselves a lot of time and effort by using the expertise of CTA/NEA staff who have specific knowledge about school law and procedures probably related to your problem. And don't forget, you'll have to pay for your attorney. By applying to the CTA's Group Legal Service or the NEA Kate Frank-DuShane Fund, you may get help in paying those legal costs. CTA members have help available from CTA staff attorneys as well as those in 23 firms scattered throughout the state; firms which participate in the Association's Group Legal Services program.
I write to my legislator about important bills. Why should I pay for Association lobbyists and political contacts?
As a good citizen, you should continue to make your thoughts known to your elected officials. Buy one voice doesn't mean as much to a lawmaker as the united voice of 260,000 CTA members, or 2.2 million NEA teachers nationwide. CTA/NEA has full-time lobbying staffs which analyze bills and help legislators enact laws that will benefit you directly. Your political power is enhanced when letters and visits to lawmakers are part of a coordinated overall strategy to improve education. That's why the Association works full time in the State Legislature and Congress and in lawmakers' home districts. It is extremely important to coordinate member contacts with lawmakers' home offices. Only the Association has the resources to do this job for educators on a statewide and nationwide basis.
Every member has the right to representation any time he/she faces the administration concerning job related incidents. These tips are not intended to provide a substitute for competent staff and legal assistance. Rather, the information and suggestions provided can serve as a "first aid kit" about what one should know and do to protect one's rights and interests until help can be summoned. An Association Rep should advise a member to act in accordance with these suggestions until staff can be contacted and fully apprised of the situation. By following these suggestions a member can protect himself/herself from undue job pressures.
Here are several basic rules that can be applied to every circumstance in which a member and Association Rep can become involved:
- Don't Resign. Once you do, and your resignation is accepted by the school board, it generally cancels any rights you might otherwise exercise.
- Don't Sign Anything Under Pressure. Don't be led into signing anything when you are under a time demand or otherwise pressured. Politely refuse and indicate you need time to think it over.
- Get It In Writing. Any agreements you reach with the school district or any proposals, statements, or utterances received through the district's representative(s) should be reduced to writing. If the district refuses to provide written documentation, you should write down the understandings reached and deliver a copy to the other party.
- Contact The Association. Involve the Grievance Rep immediately when doubts arise on contract questions. The Association Rep should represent the member or be present at all meetings between the member and the principal or supervisor. The Rep should keep the Grievance Rep fully informed of the situation as soon as it occurs.
If a member is faced with an employment crisis, he/she should remain calm. Don't knuckle under pressure, take some time before giving a commitment, and contact the Association.
In order for teachers to maintain safe learning environments, this part of the Ed Code is very important to remember.
Ed Code 48900 A teacher may suspend any pupil from his/her class, for any acts enumerated in section 48900, for the day of the suspension and the following day. The teacher shall immediately report the suspension to the principal and send the pupil to the principal for appropriate action. As soon as possible, the teacher shall ask the parent or guardian for a conference regarding the suspension. Whenever practicable, a counselor or psychologist shall attend the conference, and an administrator shall attend if requested by the teacher, parent or guardian. The pupil shall not be returned to the class from which the pupil was suspended without the concurrence of the teacher and principal (48910) A teacher may also refer a pupil to the principal for consideration of a suspension for any of the acts enumerated in section 48900 (48910)
48900.5 Suspension; restrictions on imposition; exception Suspension shall be imposed only when other means of correction fail to bring proper conduct. However, a pupil, including an individual with exceptional needs, as defined in Section 56026, may be suspended for any of the reasons enumerated in section 48900 upon a first offense, if the principal or superintendent of schools determines that the pupil violated subdivision (a), (b), (c), (d) or (e) of Section 48900 or that the pupil's presence causes a danger to persons or property or threatens to disrupt the instructional process.
48900 (a)
(1) Caused, attempted to cause, or threatened to cause physical injury to another person.
(2) Willfully used force or violence upon the person of another except in self defense.
Bargaining unit members may donate accrued sick leave to another bargaining unit worker for use by that worker as paid sick leave, pursuant to the requirements of this section.
Eligibility for Using Donated Time
- The member must have exhausted all accrued sick leave.
- The member must be off work (not actually rendering service to the District) for purposes of caring for a seriously ill parent, child, or spouse, or due to a personal serious health condition. (Federal Medical Leave Act definitions, as incorporated in this article, shall apply to this section only). There is no minimum or maximum number days that must be donated, received, or used.
Procedure for Donation of Days
- CEA shall inform workers on a case-by-case basis when the need for donated time arises.
- CEA shall be responsible for collecting donated time. Members shall authorize donations in writing - signed and dated.
- CEA shall compile the list of donated time in order of donations received and submit the list to the District along with supporting written authorizations. Once the first-round list is received by the District and all deductions have been made, if more donations are needed the process shall repeat itself.
- The District will convert the donated hours to dollar amounts, based on the pay rate(s) of the donor workers. Thereafter, the District will deduct sick leave from donors, according to the list, and credit it to the worker on leave, according to the pay rate of the worker on leave.
- The total hours (converted to dollars) donated by each worker shall be used before moving to the next donors on the list.
- Donor workers on the list whose hours were not used will have their original authorization forms returned to them as a confirmation that their donated hours were not used.
- At the completion of the Catastrophic Leave, the District will return to CEA the original list indicating which donor workers hours were used.