[edi581] Re: Unions

  • From: "diana romeo" <dromeo@xxxxxxxxx>
  • To: edi581@xxxxxxxxxxxxx
  • Date: Sat, 29 Nov 2003 12:11:46 -0500

Jerry wrote:
Carl said:
  The job of any union is to protect the RIGHTS of its members, but when they 
fight to keep people in place who have no right to be there, they are only 
cheating the majority of their members who take pride in their work and (more 
than) earn their pay.

Jerry answered:  

   Maybe. But think of it this way. It is a lawyer's job to represent her 
client as professionally as she can, even when she KNOWS her client is GUILTY! 
This guarantees that "due process" was folowed and that her client's rights 
were not violated. A union should behave much the same way. It's not their job 
to decide whether the administration's charges are true or false, but rather, 
to ensure the administration is following the procedures as outlined in the 
current contract which both parties signed.

  Again we agree- up to a point!
   It is unquestionably a union's job to protect a member's RIGHTS. This means, 
as you pointed out, to be sure that due process has been followed in the 
dismissal process, as outlined in the contract, and all rules are followed. 
EVERYONE has this right. However,  equating this with fighting to make the 
district RETAIN the employee is an equivocation. No one has a RIGHT to a job 
for which they are totally unqualified, and it is  the union's job only to 
protect the member's rights.

    Your analogy of unions to trial lawyers has some validity, but to conclude 
that they must defend "guilty" parties with equal vigor(if that is what you are 
doing, I'm not sure) ignores some important differences, and is therefore built 
upon a false premise- that they both have the same role.

    A lawyer defends only one client at a time. Unions have a dual role: to 
defend their members' rights individually, and to work toward the common good 
of ALL its members. If protecting the jobs (not the rights) of people who are 
consummately unqualified to be in the profession ultimatley hurts the 
profession, and by extension, its individual members, the union has no 
obligation to do this, and perhaps an obligation not to. Again, I delineate the 
difference between "protecting a member's RIGHTS" and "protecting a member's 
JOB" when the member is unqualified- two different things. Therefore, it may be 
the union's job to know if the grounds for dismissal are fair and guide their 
actions by this.

   You notice I said "MAY BE" and not "IS". This is a multi-faceted issue, with 
many layers, and I would never suggest that my viewpoint is THE correct one. It 
is a great subject for discussion, and there are facets we haven't even touched 
on.

   I love these dialogs! I wish we could have started earlier, and with more 
people involved.
Carl



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