Socorro Schools Employees Association

Question:  What are the seven questions that test "just cause?" 

1) Was the employee adequately warned of the consequences of his conduct?

 2) Was the employer's rule or order reasonably related to efficient and safe operations?

 3) Did management investigate before administering the discipline?

 4) Was the investigation fair and objective?

 5) Did the investigation produce substantial evidence or proof of guilt?

 6) Were the rules, orders, and penalties applied evenhandedly and without discrimination?

 7) Was the penalty reasonably related to the seriousness of the offense and the past record?

For more information about Just Cause, click here.

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Question:  If I'm in the Bargaining Unit (BU), am I automatically a Union member? 

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Question:    Does the Union want to force all BU employees to become members and pay Union dues?

For Your Information: Fair Share--What's it all about?

Union busters like to create a scare about "fair share."  They do this by misrepresenting the truth and the law!   Fair share is a long standing principle in labor law that enables unions to pay for the very costly comprehensive services they may be required to provide to all bargaining unit (BU) employees--if full servicing is something that is agreed to during negotiations.  

A common misunderstanding is that Unions are required by law to fully service the entire BU--from negotiating contracts to representing employees during discipline proceedings.  The fact is that only dues paying Union members receive full service from the organization they help fund through their membership.  All other (non-dues paying) employees are represented without discrimination as to membership during contract negotiations.  In other words, the Union cannot pick and choose from the bargaining unit for whom it will negotiate a contract--it must negotiate for the entire group.  And that's where the legal obligation ends.

It is the policy of SSEA to first service and take care of its members.  However, we do encourage all employees to let us know about their workplace issues so that we can advise them about their rights under the contract.  We are always happy to educate and inform employees about the procedures and protections we negotiated in the contract.   Unlike some organizations, we believe that  all workers need to be informed about their the legal rights, privileges, and protections.  Without fair share, only Union members can be assured of the collective resources that will maintain these rights.  Non Union employees are on their own to defend their rights--a costly price to be paid individually!      

For your information, here is the law's definition of "fair share" from the Public Employee Bargaining Act, Section 4, Article J.:

"Fair share" means the payment to a labor
organization which is the exclusive representative for an
appropriate bargaining unit by an employee of that bargaining
unit who is not a member of that labor organization equal to
a certain percentage of membership dues. Such figure is to
be calculated based on United States and New Mexico statutes
and case law identifying those expenditures by a labor
organization which are permissibly chargeable to all
employees in the appropriate bargaining unit under United
States and New Mexico statutes and case law, including but
not limited to all expenditures incurred by the labor
organization in negotiating the contract applicable to all
employees in the appropriate bargaining unit, servicing such
contract and representing all such employees in grievances
and disciplinary actions.

What's important to remember is that fair share is not automatic, but negotiated between the Union and the employer, like any other contractual item.  The Union does not force anyone to accept fair share; rather, where it is agreed upon it is done so in the best interest of all parties involved.  Employees win because the services they receive from the Union are fully funded  and maintained.  The Union wins because we can better serve all employees and make their working lives more humane and dignified.  And the employer wins because a better serviced and protected workforce is more productive and happier. 

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Question:  If I'm not a Union member, will the Union represent me during disciplinary proceedings or grievances? 

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Question:  Will the Union do anything for me, even if I'm not a dues-paying member? 

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