FFECC non-duty speech guidelines
At recent events members have asked what they could say publicly. We consulted NYSUT legal and here are their guidelines.
Generally non-duty speech refers to speech/actions that are not made pursuant to an individual’s official job duties. There is a 2-prong test to see if the speech of a public employee warrants protection (we call it the Pickering Connick test):
Did the employee speak/act on a matter of public concern (something broader than the individual’s personal interest - - with larger societal significance or importance)
If it was a private matter and not a public concern, the speech is not protected
If it was a public concern, we move to prong 2
Does the individual’s right to free speech outweigh the employer’s interest in a disruption-free workplace - - this is a case by case analysis.