DISCIPLINARY RIGHTS OF UNIT MEMBERS
UNDER CIVIL SERVICE LAW, SECTION 75
Applies to all permanent competitive class employees as well as to those non-competitive class employees with at least five years of continuous service.*
A unit member’s first step with any disciplinary action is always to contact his/her union leadership who, in turn, will contact his/her NYSUT representative.
It is imperative that you review your collective bargaining agreement for different or additional discipline rights that you may have.*
Pre-Suspension Rights
If I am about to be suspended, I have the right to request union representation and to invoke the following rights: *
1. To be informed of the charges against me;
2. Ask for an explanation of the employer’s evidence against me;
3. To be given a chance to present my side of the story with or without union representation should I choose to do so; and
4. To confer with and be represented by my unit representative at any point during the above steps.
Disciplinary Rights
If I am being disciplined, I have the right to request union representation and to invoke the following rights:
1. Written notice of the disciplinary action proposed and the reasons for it.
2. A copy of the charges.
3. At least eight days to answer the charges in writing with assistance from my union representative.
Interrogation Rights:
If I feel that I am a target for discipline during an investigative interview, I am entitled to request union representation and may invoke the following rights:
1. To be informed of the subject matter and confer privately with my union representative before questioning begins;
2. To have my union representative present during the interrogation to provide assistance;
3. To offer evidence to prove my innocence or support my version of the incident;
Note: The refusal to answer questions before asserting the right to union representation, however, could result in discipline for insubordination.