Welcome to the Legal Beat! In this column, which will be a regular feature of the magazine, CTA attorneys will cover legal “hot topics,” your legal rights, CTA and local union (aka “chapter”) legal battles, and much more. We kick off this column with a brief overview of the terrific benefits provided to CTA members and local union affiliates under CTA’s Group Legal Services (GLS) Program.

What is the GLS program?

Complicated and numerous laws govern all aspects of public education in California. The California Education and Government Codes provide a wide variety of rights to public school employees and their unions. Collective bargaining laws govern labor relations between unions and employers. Collective bargaining agreements (CBAs) provide important contractual rights to chapters and their unit members. Constitutional rights apply. And so on. Legal representation can be expensive, and so, through the GLS benefits program, CTA provides top-notch attorneys to represent chapters and members in enforcing and defending these employment-related rights.

CTA’s Legal Department administers the GLS program. CTA staff attorneys work directly with CTA Primary Contact Staff (PCS) and represent chapters in unfair practice charges and other matters filed with the Public Employment Relations Board; court cases involving statutory employment rights; complex arbitrations that seek enforcement of CBAs; and legal advice matters regarding chapters’ advocacy, organizing, and representational activities.

GLS law firm attorneys are private practice attorneys who generally represent individual CTA members in employment disputes. CTA carefully vets these law firms, which specialize in education law and have relevant expertise in criminal and civil employment matters. Many of the law firms represent labor unions, and all the firms are strong advocates of labor. In addition, the CTA Legal Department works closely with approved GLS firms, including by hosting an annual lawyers conference at which attorneys discuss emerging legal issues and share best practices.

The GLS program is associated with the National Education Association’s Unified Legal Services Program, which provides financial assistance to state affiliates that offer legal services in accordance with NEA program rules.

What matters are covered?

The GLS program ensures that active CTA members can count on substantial legal assistance when their employment throws them legal curve balls. Every active member is entitled to a union-paid legal referral for statutory employment matters such as:

• Credential defense proceedings
• Employment-related criminal charges
• Permanent educator dismissals
• Reductions-In-Force (RIFs)
• Unlawful discrimination
• Education Code disputes regarding classification, discipline, salary uniformity, leaves, child abuse reporting, probationary non-reelection, and many other issues

CTA funding for covered matters is subject to certain limits, depending on the nature of the matter. For example, probationary employees are entitled to three hours of free legal representation for a non-reelection. A GLS attorney may, on the member’s behalf, request additional funding from CTA for an employment-related civil dispute when necessary.

Individual GLS benefits are for employment- related legal disputes that arise outside of the CBA or labor relations laws. Local chapters defend members in CBA and other representational matters. As mentioned, CTA chapters receive legal advice and representation from highly experienced CTA staff attorneys for their legal disputes with employers.

How does a member access legal representation?

An active member must contact their PCS (staff representative) if they believe they are experiencing an employment-related legal dispute. The staff representative will help determine whether a legal dispute exists and whether attorney services are appropriate and covered by the GLS program. The staff representative may determine, for example, that the matter is covered by the CBA – not by a statute or other legal right outside the CBA — and thus warrants filing a grievance rather than issuing a GLS referral.

If the staff representative determines that the member is eligible for GLS and has a GLS-covered legal issue, then the staff representative will give the member relevant information, appropriate GLS forms, and a formal referral to an approved GLS law firm.

For Reduction-In-Force proceedings brought under Education Code sections 44949/44955 or 87743, the staff representative will notify the
CTA Legal Department of a district’s planned layoff on behalf of all members who might receive RIF notices. The Legal Department wi l l then assign a RIF representative to handle the RIF for all affected members who request representation.

Are there conditions on GLS benefits?

Yes. Like most insurance benefits, GLS benefits are subject to important and consistently enforced conditions. For example, GLS is a members-only benefit. To qualify for coverage, an individual must have been a union member at the time the underlying incident occurred; at the time the need for legal services arose (usually when the request for legal services was made or should have been made); and throughout the time that GLS services are provided.

A few narrow exclusions also apply. For example, GLS coverage is not available for any matter involving a dispute with another member (unless such legal assistance is solely for a member’s dispute with the employer). The GLS program does not pay for legal representation for matters covered by the state’s workers’ compensation system, but CTA maintains a list of highly reputable workers’ compensation attorneys who are happy to represent CTA members in workers’ compensation cases.

Does the union provide members additional liability insurance, separate from GLS?

Yes! All active members are automatically and additionally covered by NEA’s Educators Employment Liability (EEL) insurance policy. The EEL policy covers member defense liability and/or attorney fees and costs when a member is defending against certain employment-related legal proceedings. This may include both civil defense and criminal defense. More information is available on the Legal Services page of the CTA website

This summary of the GLS program does not cover all aspects of this highly valuable membership benefit. Please contact your PCS/staff representative or a local leader if you have questions about the GLS program or need help with an employment-related legal dispute. Or just relax with the peace of mind that comes from knowing that your union provides excellent legal benefits if you ever find yourself dealing with a work-related legal claim.

Laura Juran is CTA Chief Counsel.

Vote with California Educators

Tony Thurmond

The general election is coming up on Nov. 8. Our vote makes a difference! Together, let’s elect lawmakers and vote for initiatives that support public education, students, our profession and our communities. Just one example: CTA supports the reelection of Tony Thurmond as State Superintendent of Public Instruction. Thurmond has been a staunch and effective advocate for our schools and students, and we need his leadership to continue with the progress we have made in California’s education system. Your vote is critical in this race.

Go to the election page for other CTA-recommended initiatives and candidates. At CTA’s Voter Guide, you can find a guide tailored just for you, based on where you live.

Know that when you cast your vote for CTA-recommended candidates, you are voting for those who support students, teaching and learning.