Faculty Rights Tip: Resources for Defending Our Rights in Authoritarian Times

As we begin to witness the escalation of authoritarian violence by the US government – including the Department of Homeland Security invading university dorms, abducting students like Mahmoud Kahlil and Leqaa Kordia, and deporting professors with valid work visas like Dr. Rasha Alawieh, in defiance of court orders – faculty are understandably shaken by what is happening on, and to, our universities, our students, and ourselves.

What rights do we have in defense of ourselves and our students? In this tip, we share a few resources, including:

• Weingarten Rights;
• Article 37 protections;
• Resources for defending immigrants; and,
• Benefits for legal assistance that accrue to CFA members.

Weingarten Rights:

First, it is important to know that we have Weingarten Rights. Have you (or someone you know) ever been called into a meeting with an administrator and you were not quite sure what the meeting was about? While in the meeting, did you realize you were being questioned or investigated about some issue for which you might be disciplined, reprimanded, or otherwise negatively affected?

If so, you need, and are entitled to have, a union representative or another advocate of your choosing with you at that meeting. You can invoke your right to have an advocate with you before or during the meeting by saying: “If this discussion could in any way lead to my being disciplined or terminated, or affect my working conditions, I request that my CFA representative or another advocate of my choosing be present at this meeting.”

The administrator must grant the request even if it means rescheduling the meeting to a time that works for you and your advocate. The rights of represented (i.e., you are in a union) employees to bring an advocate and to have the time needed to obtain an advocate for investigatory meetings comes from the 1975 Supreme Court case, NLRB v. J. Weingarten, thus the term “Weingarten Rights.” Given the increase in investigatory meetings and vague threats to academic freedom coming from the CSU, it’s important to know about and exercise these rights now more than ever. If you are called in, clarify whether the meeting could result in discipline.

If you’ve been called into a meeting that might involve disciplinary action and need to find a CFA representative or want to learn more about your union, become active with your local CFA chapter Faculty Rights team and find your representative here. Remember, administrators must wait for your representative to become available.

Article 37:

Although we shared a recent tip reminding us that  “Faculty Enjoy the Contractual Right to Not Talk to Campus Police,” it bears repeating in times like these.

We have rights explicitly enumerated in our 2022-2025 Collective Bargaining Agreement (CBA) relating to our interactions with campus police.

This CBA language exists in Article 37, Health and Safety and essentially stipulates that as a unionized faculty member, you have the right to refuse to talk to campus police. Article 37.10 secures this right for us, and reads as follows:

37.10   All people have constitutional rights when it comes to interactions with police officers. CSU employees have those same rights when it comes to interactions with University Police. When University Police seek to interview a CFA represented employee, the employee has no obligation to participate. If, however, the employee chooses to participate, the employee may request to be accompanied by a union representative.  If the request for a union representative is denied, the employee has no obligation to participate. Nothing in this provision shall limit the rights of employees to be represented by an attorney when interacting with University Police.

Resources for Defending Immigrants:

CFA, as a union rooted in antiracism and social justice, is full of members who are committed to defending immigrants in these perniciously xenophobic times. On many campuses, faculty are hosting “Know Your Rights” teach-ins, collaborating with local labor federations on these efforts, and learning about how to enforce campus policies and state laws that affirm immigrant rights and defend our students and colleagues from the state-sponsored attacks we have seen at places like Columbia and Brown University.

We have an Immigration Task Force that meets regularly, collaborates with community organizations, and whose work has a presence on many campuses. To get involved with this important work, email us at: immigrationtaskforce@calfac.org.

As noted on the CFA Immigration Task Force’s website, legal resources exist should you or someone you know be targeted regarding your immigration status, including:

The ACLU (American Civil Liberties Union) remains a champion of segments of the population who have traditionally been denied their rights, with much of their work today focused on equality for people of color, women, gay and transgender people, prisoners, immigrants, and people with disabilities. In addition, the ACLU dares to create a more perfect union — beyond one person, party, or side. Our mission is to realize this promise of the United States Constitution for all and expand the reach of its guarantees.

CHIRLA (Coalition for Humane Immigrant Rights of Los Angeles) was founded in 1986 to advance the human and civil rights of immigrants and refugees. CHIRLA became a place for organizations and people who support human rights to work together for policies that advance justice and full inclusion for all immigrants.

iAmerica – iAmerica is the national immigrant justice campaign platform of the Service Employees International Union (SEIU). SEIU is empowering dreams and igniting change by advocating for the rights of all American families.

IMMIGRANT LEGAL RESOURCE CENTER – Working with and educating immigrants, community organizations, and the legal sector to help build a democratic society that values diversity and the rights of all people.

National Immigration Legal Services Directory – Immigration Advocates Network to help find attorneys in your area.

Benefits for legal assistance that accrue to CFA members:

While our CFA Representation department is focused on defending faculty rights through contract enforcement – that is, supporting faculty in our contractual grievances and appealing disciplinary efforts by CSU management – sometimes we need legal assistance as faculty that exceeds the obligations of CFA Representation, as outlined in the CFA Representation Policy.

One of the benefits of CFA membership is our access to a legal service plan called LegalShield.

Through a LegalShield service plan, members can access legal counsel and advice in addition to other services included with their plan. We also receive discounts if needed for additional legal services not covered in the plan. Immigration law is part of the LegalShield program of services.

A CFA member, for example, can sign up for a legal service plan through LegalShield, consult with an attorney on our immigration questions as part of the plan, and if we need additional legal services, we receive a 25% discount on the services.

More information about the LegalShield program, including information on CFA’s LegalShield rep, is here.

Want to learn more? Become active with your local CFA chapter Faculty Rights team. Find your representative here.

• Browse the faculty contract here.
• See an archive of Faculty Rights Tips.
• If you have questions about a faculty rights tip or would like to suggest a tip, please write us with the subject line “Faculty Rights Tip.”