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Building Rep Quick Reference

What Can I Do
In This Meeting?

Select the meeting type below. Rules differ — know yours before you walk in.

Fact-Finding
Disciplinary Meeting
Loudermill Hearing
Prof. Behavior Conf.
Investigatory Interview

Fact-Finding Meeting

Administration is gathering information to determine whether disciplinary action may be appropriate. No discipline is issued at this meeting — but the information gathered can lead to it.

Art. 3.102 — GHTA Contract 2022–25
What this meeting is An investigatory interview where admin asks the member questions about an incident or conduct. The member must be offered rep presence. Discipline may ultimately result from what is said here — treat it seriously.
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You CAN —
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Be present throughout the entire meetingYou have the right to be in the room from start to finish — not just to "sit quietly"
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Ask for clarification before the member answers"Can you rephrase that question?" or "I want to make sure my member understands what's being asked"
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Request a private break to consult with the memberYou can pause at any time to speak privately — especially before a difficult question is answered
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Object to questions that are misleading, confusing, or improperState your objection clearly for the record — admin may still ask, but your objection is noted
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Take notes throughout the meetingWrite everything down — questions asked, exact answers given, who said what, the time
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Help the member provide accurate, complete answersIf the member misstates something or leaves out important context, you can assist them in clarifying
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Raise procedural issues on the recordIf notice wasn't given, if the right article was violated, state it clearly at the meeting — "I note for the record that…"
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Answer questions on behalf of the memberYou are there to advise and support — not to speak for them. The member must answer in their own words
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Instruct the member not to answer legitimate questionsYou can object, ask for clarification, or request a break — but you cannot coach the member to refuse to cooperate
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Coach the member to lie or withhold truthful informationNever. This protects both the member and you
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Watch for —
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Was the member notified in advance?Art. 3.102 requires advance notice of the initial fact-finding meeting
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Was rep presence offered before the meeting started?If not, that's a procedural violation — note it on the record immediately
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Is the meeting drifting into discipline?If admin moves from asking questions to announcing consequences, the meeting type has changed — stop and note it
📋 Scripts — things to say
Opening
"Before we begin, I want to note for the record that I am here as [member name]'s GHTA representative under Article 3.102 of our collective bargaining agreement."
Confusing question
"I'd ask that you rephrase that question — I want to make sure my member fully understands what's being asked before they respond."
Need a break
"I'd like to request a brief recess to consult privately with my member before they answer that question."
Procedural issue
"I note for the record that [the member was not provided advance notice / rep presence was not offered] as required by Article 3.102."
Formal Discipline

Disciplinary Meeting

Administration is formally issuing a verbal warning or written warning. Discipline is being handed down at this meeting — not just investigated.

Art. 3.103 — GHTA Contract 2022–25
What this meeting is A formal meeting where a verbal or written warning is being issued. The member must receive written notification in advance stating the date, time, underlying issues, and that the meeting is disciplinary and that they are entitled to GHTA representation.
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You CAN —
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Be present and actively participateThis is not a passive role — you are there to ensure the process is fair and contractually correct
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Challenge the procedural basis of the disciplineWas progressive discipline followed? Was the contract article cited correctly? Was notice given? Raise all of it
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Present mitigating and extenuating circumstancesLength of service, clean record, good evaluations, unclear expectations, personal circumstances — put them on the table
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Request that the discipline be reduced or withdrawnYou can advocate directly — "Given [circumstances], we believe a verbal warning is disproportionate and request it be withdrawn"
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Review and object to anything before the member signsThe member's signature only acknowledges receipt — but review the document carefully before signing anything
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State on the record that you reserve the right to grieve"The Association reserves the right to file a grievance regarding this disciplinary action."
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You CANNOT —
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Prevent administration from issuing the disciplineYou can challenge it and grieve it — but you cannot stop the meeting from proceeding
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Sign any document on behalf of the memberOnly the member signs — and their signature acknowledges receipt, not agreement
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Watch for —
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Did the member receive written notice before this meeting?Art. 3.103 requires written notification with date, time, and the underlying issues — if they didn't get it, that's grievable
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Was progressive discipline followed?Art. 3.104 — verbal first, then written, then suspension. Skipping steps requires a "serious infraction" justification
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Is anonymous material being cited?Art. 3.91(b) — anonymous letters cannot be placed in the file or used as the basis for discipline
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Note the 30-day grievance windowArt. 3.104 — discipline may be appealed via grievance within 30 days of the disciplinary action
📋 Scripts — things to say
No written notice
"I note for the record that [member name] did not receive written notice of this disciplinary meeting as required by Article 3.103 of our contract. This is a procedural violation."
Mitigation
"Before any discipline is recorded, I'd like to present circumstances I believe are relevant: [member's years of service, clean record, evaluation ratings, any contextual factors]."
Before signing
"I want to be clear that [member name]'s signature acknowledges receipt of this document only — it does not constitute agreement with its content."
Reserving rights
"The Association reserves the right to file a grievance challenging this disciplinary action."
Due Process Hearing

Loudermill Hearing

This is a pre-termination or pre-suspension due process hearing. The stakes are the highest they get — suspension without pay or termination is being considered.

Art. 3.103(B) · Cleveland Bd. of Ed. v. Loudermill (1985)
⚠ High stakes — contact your officer before this meeting if at all possible A Loudermill hearing precedes suspension without pay or termination. The member has the constitutional right to notice of the charges, an explanation of the evidence, and an opportunity to respond. This is not a trial — it is a chance to tell their side before a final decision is made. Contact Jeffrey Cunningham at (234) 208-6180 as soon as this meeting is scheduled.
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You CAN —
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Demand that the member be told the specific chargesThe member has a due process right to know exactly what they are accused of before they respond
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Demand that the evidence be explainedThe member is entitled to an explanation of the evidence against them — not just a summary
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Present the member's full response and rebuttalThis is the member's opportunity to respond — give them the chance to fully explain their position and present any evidence
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Present every mitigating and extenuating factorThis may be the last opportunity before a final decision is made — put everything on the table
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Object to the sufficiency of the chargesChallenge whether the conduct alleged actually rises to the level warranting suspension or termination
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Request additional time to prepareIf the member hasn't had adequate notice or time to prepare their response, request a continuance
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You CANNOT —
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Stop the hearing from proceedingThe member may waive the hearing — but if they attend, admin can proceed. Your role is to make their response as strong as possible
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Turn this into a full arbitrationA Loudermill is not a trial. You won't cross-examine witnesses here — that happens at arbitration if the case advances
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Watch for —
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Was adequate notice given?The member must be told the charges and evidence before the hearing — not at the hearing
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Only the Superintendent can recommend terminationArt. 3.104 — termination must be recommended by the Superintendent to the Board under ORC 3319.16
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Document everything in detailWhat was said, who said it, what evidence was presented. This record may matter enormously at arbitration
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Contact your officer immediately afterDo not let time pass before reporting to Jeffrey. The grievance and arbitration clock starts running now
📋 Scripts — things to say
Opening
"Before we begin, I want to confirm that this is a Loudermill hearing and that [member name] is entitled to know the specific charges and the evidence against them before responding."
Insufficient notice
"[Member name] has not had adequate notice or time to prepare a full response to these charges. We request a continuance to allow proper preparation."
Mitigation
"Before any decision is made, I want to present the following circumstances that I believe are directly relevant to the severity of any proposed action: [years of service, evaluations, circumstances, anything]."
Mandatory Rep Presence

Professional Behavior Conference

A meeting concerning professional conduct that may lead to disciplinary action. Your presence is not optional — it's contractually required unless the member signs a written waiver.

Art. 3.101 — GHTA Contract 2022–25
What this meeting is Any conference concerning professional behavior — a conversation about classroom management, conduct, professionalism, or anything that could lead to discipline. Article 3.101 requires these to be private and guarantees rep presence. This is the broadest category and the one most often violated.
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You CAN —
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Insist the conference be held in privateArt. 3.101 — ALL professional behavior conferences shall be in private. No hallways, no classrooms in front of students or colleagues
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Be present for the entire conferenceThe contract guarantees your presence — you cannot be asked to wait outside or join only at the end
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Ask clarifying questions and object to confusing framingSame as a fact-finding — you can intervene before questions are answered
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Present context and mitigating factorsIf the conversation is about a specific incident, provide the full picture — not just the administration's version
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Take notesDocument exactly what was said, by whom, and when. What is said in this meeting may inform a future grievance
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You CANNOT —
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Waive the private meeting requirement on behalf of the memberOnly the member can waive the right to a private conference — and it must be in writing
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Answer for the member or speak over themAdvise and support — let the member speak for themselves
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Watch for —
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Was the member reprimanded in front of others?Art. 3.101 — if a principal corrected or criticized a teacher in front of peers or students, that is a contract violation. Document it and report it
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Is this conversation being framed as "just a chat"?If the subject involves professional conduct and could lead to discipline, Art. 3.101 protections apply regardless of how admin characterizes it
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Is admin taking notes but you're not?If they're writing things down, so should you. Everything said here is potentially part of a disciplinary record
📋 Scripts — things to say
Meeting not private
"I need to stop you there — Article 3.101 of our contract requires that all conferences concerning professional behavior be held in private. We need to move to a private location before we continue."
"Just a chat" framing
"If this conversation concerns [member name]'s professional conduct in any way, our contract requires that they be entitled to union representation. I'm here in that capacity."
Rep denied
"Under Article 3.101 of our collective bargaining agreement, [member name] is entitled to have a GHTA representative present at this meeting. I am that representative and I am invoking that right now."
After public reprimand
"I need to note that what occurred earlier — [describe what happened] — constitutes a professional behavior conference that was not held in private as required by Article 3.101. We will be documenting this."