Amendment to email sent on Wednesday, October 24, 2012 11:57 AM
Previously you received the following:
Greetings OEA member leaders:
The following question was raised at one of the AR trainings. Thanks for the
Can you have an Association Representative with you during job evaluations?
At the time, I believe I said that not unless there was reason to believe the
meeting could lead to discipline. Then, of course, your members should invoke their
Weingarten rights as we discussed.
I amend my advice given the following.
The State Employment Relations Board has determined that job evaluations may be
disciplinary in nature, so you are entitled to have a representative at any of those
Per consult with OEA’s law firm, Cloppert, Latanick, Sauter and Washburn,
The statement in bold above is not correct.
“This use to be the law under the Trotwood Madison case, SERB 90-012 (5-19-89).
This case was reversed by SERB in the In re Davenport case, SERB 95-023 (12-29-95).
The language presented in the handout that I previously sent to you outlines SERB’s
opinion in Davenport. I think that you could argue that a representative could be
in an evaluation conference if the teacher thought that it would lead to discipline;
however, this is not true in your average run of the mill evaluation conference.”
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Sorry to all for the confusion.
Given the political climate, its best to include language in newly negotiated
evaluation provisions that allows all our members representation and due process
during any evaluation meeting.