JUST CAUSE : Questions and Answers

(reprinted from the Bow Times, Feb 21, 2003)

The Bow Education Association (BEA) continues to fight for Just Cause in the current contract dispute.  With the confusion and rumors circulating around town, we are taking this opportunity to answer questions that have been posed to us in the last few weeks.

Question:  What exactly is Just Cause?

Answer: Just Cause is a guideline for discipline so that educators will not be unfairly disciplined or subject to the whims of administration.  It is an agreement that people will be treated fairly, impartially, and JUSTly.   It provides uniform direction for all.

Question:  Why are the teachers interested in pursuing Just Cause now?

Answer: The BEA has raised the issue of Just Cause in previous negotiations.  Now that our district has grown so quickly, “business as usual” is no longer working.  Both management and employees need a system of clear rules and consequences that must be followed. 

Question:  Don’t teachers already have Just Cause because of state statutes?

Answer: No. Without the specific wording of Just Cause in our contract, Bow teachers have little recourse when they are treated differently from their colleagues, disciplined unfairly, or professionally maligned. The state statute provides only procedural due process and no substantive due process. If teachers cannot challenge unjust discipline at the lowest level, an appeal to the state on procedural grounds is futile.

Question:  Doesn’t Just Cause protect bad teachers?

Answer:  No.  The fact is that it would be just the opposite.  If there were specific language about how discipline would work (for example proper investigation and gathering of answers, etc.), then it would actually make an administrator's job easier if that situation truly were to come up.  Yet a good teacher--or one who was unfairly accused--would have also have protection.

Question:  Does Just Cause tie administrators’ hands?

Answer:  No.  Just Cause ensures that both employer and employee know that all teachers are treated impartially following established procedures. It eliminates favoritism and prejudice.  Students are held accountable; teachers are held accountable; why shouldn’t administration also be held accountable for its actions?

Question:  Is the BEA committed to any particular Just Cause language?

Answer: No.  The BEA has offered numerous proposals to the Board on this issue and has even offered to let the Board make a proposal of language.  At no time has the BEA committed to one proposal. The Board simply refuses to discuss it.  The BEA finds this baffling since secretaries, tutors, and educational assistants have had Just Cause in their contract since 1995.

Bow’s teachers want a guarantee in the master agreement that administrators will be fair, impartial, and JUST. If administration is already managing fairly, then having Just Cause in the contract will not change a thing.   Please call the school board stating your support.

The BEA’s members are the teachers of Bow’s children.  We are educators, not litigators,  but we must stand firm for the principles that we instill in our students and your children.