Stewart, Huberman procedures are a violation of federal labor law

It is a violation of Federal Labor law for anyone to discipline, threaten, coerce or take any other action that infringes on the rights of union members to share information, have meetings, form groups within a union and have open representative elections including candidate meetings.

This fact becomes increasingly important in Chicago's public schools now that Chicago Teachers Union President Marilyn Stewart has apparently teamed up with Chicago Public Schools Chief Executive Officer Ron Huberman to declare that any discussion, literature distribution, or meetings held in schools by teachers and other union members will be treated as a violation of Chicago Board of Education policies.

But a careful reading of the law indicates that any principal, Central Office Administrator, Area Administrator or Union Official that tells you otherwise or takes any Action against any union member is in violation of Federal Labor Law. The individual needs to be reported immediately to the proper authorities — which could include the Justice Department — depending on what action is taken against the union member.

Any notices, memos, faxes, emails or other communications that threaten the rights of union members to share information or have meetings needs to be collected and forwarded to the proper government agency immediately. Substance is also asking readers of Substance (print) and this website to share such information, with an emphasis on the facts.

When I sent this around to people on various e-mail lists, I wrote that this is an official communication as part as my elected position of AFT (American Federation of Teachers) convention delegate and as my right as a union member to communicate information regarding the rights of fellow union members. Like a number of others who are now in opposition to Marilyn Stewart and what is left of her United Progressive Caucus (UPC), I was elected as an AFT and IFT convention delegate during the 2007 union elections in which Stewart defeated Deborah Lynch (and PACT) for the second time.

This communication is directly related to my teaching duties to work in a safe and harrasment free workplace with out any threats against my union activity.

Labor-Management Reporting and Disclosure Act (LMRDA) also known as the Landrum-Griffin Act

(2) Freedom of speech and assembly

Every member of any labor organization shall have the right to meet and assemble freely with other members; and to express any views, arguments, or opinions; and to express at meetings of the labor organization his views, upon candidates in an election of the labor organization or upon any business properly before the meeting, subject to the organization's established and reasonable rules pertaining to the conduct of meetings: Provided, That nothing herein shall be construed to impair the right of a labor organization to adopt and enforce reasonable rules as to the responsibility of every member toward the organization as an institution and to his refraining from conduct that would interfere with its performance of its legal or contractual obligations.

§4 12. Civil action for infringement of rights; jurisdiction

Any person whose rights secured by the provisions of this subchapter have been infringed by any violation of this subchapter may bring a civil action in a district court of the United States for such relief (including injunctions) as may be appropriate. Any such action against a labor organization shall be brought in the district court of the United States for the district where the alleged violation occurred, or where the principal office of such labor organization is located.

Any such violations can be reported to me and I will forward them to the AFT. In addition, please share these with Substance.

John Kugler

Chicago Teachers Union Member

AFT Delegate