(PUB) On Advice Of Councel

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Question

: Do these rules mean that it is a problem for a superintendent or administrator to be

involved in collective bargaining or other decisions about employee benefits, when

there is a family member in the bargaining unit?

Answer

: Generally, no, it is not a problem as long as the superintendent or administrator is

dealing with matters relating to all employees or to groups of employees, and not

specific issues relating to the family member. It is a problem, however, if the family

member is on the union’s bargaining team, or functioning in some other kind of

representative capacity that relates to job rights and benefits. (For a fuller discussion

of this scenario, see

From here, I could go on at length with the suggestions and clarifications—there are so many

variations and nuances to all of these questions. But by now,

I’m sure you are getting “the

point”—namely, that in today’s environment, the fact that your intentions are innocent

will not always be enough. You need to be aware of the public sensitivity to these

issues and “forearmed” with the knowledge of the legal rules that govern your actions.

I hope that my comments above will help.



The Fine Print Disclaimer

Please note that the foregoing comments must be taken simply as one lawyer’s interpretation and do not represent

the only conclusions which may be drawn by competent legal counsel. Readers are cautioned against applying such

commentary and related materials in specific factual situations without seeking professional assistance.