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Disciplinary Rights of Unit Members Under Civil Service Law, Section 75

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.