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November 17, 2003

1)  Contract Hit in New York City. New York City Councilwoman Eva Moskowitz (D-Manhattan) has suddenly become Public Enemy Number One of the city’s teachers’ union, the United Federation of Teachers (UFT). Why? For holding public hearings that critically examine the sledgehammer of UFT power: the collective bargaining agreement.

Moskowitz released a document that summarizes various provisions of the 316 pages of contract and memoranda of understanding. These included:

* Middle and high school teachers can be scheduled to teach for no more than 3.75 hours a day.

* Much of teachers’ professional development is self-directed.

* Schools must consult with the local union chapter committee before setting the agenda for a faculty conference.

* Schools that choose a school-based management system have exemptions from certain provisions of the contract. For example, hiring can be done by a school-based personnel committee. However, this committee must contain a majority comprised of “teachers selected by the UFT chapter.”

The hearings themselves have been entertaining, to include principals testifying anonymously on tape, with their voices disguised. These principals feared repercussions despite the fact that, in New York, principals also belong to a union. Anthony Lombardi, the only principal to testify in person and undisguised, accused the union of trying to create “a parallel management structure.”

Mayor Michael Bloomberg used his weekly radio address to compare the UFT contract to the workings of the Soviet Union. (EIA note: In this, he was mistaken. Soviet trade unions were tools of managers, government and the Communist Party. They awarded prizes to workers if they fulfilled production quotas, which would be unheard of in any American union.)

UFT President Randi Weingarten angrily testified at one hearing that teachers were being “demonized” and “stripped of their professionalism” by the mayor, Chairwoman Moskowitz and some editorialists. “The contract is not the management straitjacket some claim it to be,” she said. “It is being used as a scapegoat by those who wish to explain away their own managerial failures.”

Weingarten rhetorically asked, “If teaching under this contract is such a cushy job, why do one in four new teachers leave within a year, 40 percent within three years?”

Well, perhaps this section of the contract on transfer limitations might explain: “Each year, the number of teachers who will be permitted to transfer out of a school hereunder shall be equal to five percent of the teaching faculty of the school on regular appointment; provided, however, that in the junior high schools and the high schools no more than 25% of the regularly appointed teachers in the school holding a particular license will be permitted to transfer. When the teaching faculty of the school on regular appointment numbers less than 20, one transfer shall be permitted, and when it numbers 21-39, two transfers shall be permitted. Where 25 percent of the regularly appointed teachers in a particular license would be less than one, then one teacher will be permitted to transfer.”

As onerous as the UFT contract is, imagine if the union were able to get all its wishes fulfilled in negotiations. United Teachers Los Angeles (UTLA) listed all the proposals that came out of its various committees, to be pursued during its upcoming contract negotiations with the district. Here are just a few:

* A moratorium on the high school exit exam.

* “An accountability piece has been included for all stakeholders in our education system, except parents. Include some component that will require parents to be accountable for their child(ren)’s education.”

* “Negotiate two hours a week for chapter chairs to handle grievances, matters of the local chapter, and UTLA business.”

* An emphasis on Asian Pacific issues in staff development.

* Ten personal days a year without designation, left to each teachers’ personal judgment. Bereavement days to include the death of anyone designated by the teacher.

* Establish a voluntary database of gay and lesbian friendly schools, teachers and administrators that can function as safe havens for reassigned teachers.

* Eliminate norm-referenced tests.

* Gradually reduce physical education class sizes until they have same upper limits as academic classes.

* Class sizes to be no greater than 25 in grades 4-5, no greater than 30 in grades 6-12.

* Mandated curricula, instruction and professional development must receive a 75% vote of all stakeholders before implementation.

* “Library fines and book money to be used solely for libraries.”

2)  Union Learns Recalling Governor Not So Easy. When the recall of Gov. Gray Davis qualified for the California ballot, the reaction of the California Federation of Teachers was abrupt. The union called it an “ugly partisan campaign” and “an abuse of the democratic process.” But thousands of miles to the east, another AFT affiliate thought it wasn’t such a bad idea at all.

The St. Croix Federation of Teachers (SCFT) organized and funded signature-gathering on a petition to recall U.S. Virgin Islands Gov. Charles Turnbull for “incompetency.” Turnbull is a Democrat, a former teacher and principal, and former commissioner of education of the island chain. The recall effort was headed by SCFT President Tyrone Molyneaux, who ousted Cecil Benjamin in a June 2000 election after Benjamin had run the union for 28 years. Molyneaux celebrated his victory by taking his union out on strike in October. The strike marked the first of many battles between Molyneaux and Gov. Turnbull.

After the California recall qualified, Molyneaux decided it was worth a try in the Virgin Islands. Gaining support from another public employees’ union, SCFT set out to gather the required 17,518 signatures in 60 days. The deadline was 5 p.m. last Saturday.

At the deadline, Molyneaux submitted 614 signatures, or 3.5 percent of the number needed. “It didn’t go as well as planned,” said Molyneaux, also submitting his entry for understatement of the year. He blamed his failure on “the apathy of V.I. residents.”

3)  Endorsement Scandal Splits NEA and AFT in West Virginia. The newspapers in West Virginia are abuzz over a feud between the West Virginia Education Association (WVEA) and the West Virginia Federation of Teachers (WVFT). The two unions have been at each other’s throats for many years, with the smaller WVFT beginning to make membership inroads on the 14,000-member WVEA.

Tempers flared both internally and externally at WVEA when the union issued its Democratic gubernatorial endorsement to Secretary of State Joe Manchin instead of state Senator Lloyd Jackson. Jackson, who served eight years as chairman of the Senate Education Committee, is more ideologically attuned to WVEA.

The endorsement prompted threats to resign from a WVEA official and a committee member, as well as threats to ignore the endorsement from several WVEA locals. Meanwhile, the Jackson campaign claimed the WVEA endorsement was bought by Manchin in exchange for a pledge to deny access to WVFT if he became governor.

Manchin later said, “I regret implying that AFT would have no input into my administration.” But his campaign issued a statement that Manchin had acted that way because “certain hard-line leaders of the AFT have been working against Joe on behalf of Senator Jackson.”

4)  Long Island Local Disaffiliates from NEA. EIA has learned that the Deer Park Teachers Association, a 380-member local on Long Island, has voted to disaffiliate from NEA and NEA New York. DPTA would be the fourth known local to disaffiliate from NEA New York in the last three years. The union did not respond to an EIA request for information on its status, but the AFT-affiliated New York State United Teachers has made no announcement concerning Deer Park, suggesting the union is currently independent.

5)  Your Choice: Contract Negotiations or Hostage Negotiations. Activists from the South Africa Democratic Teachers Union (SADTU) were unhappy with the government’s non-payment of salaries to temporary teachers. So they made an appointment to see district manager Walter Mzoneli. Upon entering his office, the SADTU members took Mzoneli hostage. Police reinforcements were called and after several hours of negotiations Mzoneli was released unharmed. An education ministry spokesman said the department would not be coerced into negotiations by blockades, hostage-taking and sit-ins.

6)  Education Establishment Discovers Tenth Amendment. Reporting from the floor of the NEA convention on July 3, 2003, EIA stated, “The fact is, NCLB is a federal power grab. But it’s the first federal power grab NEA has ever found reason to oppose.” Union officials are not alone in decrying the mandates of the No Child Left Behind Act. They have been joined by a number of administrators, legislators and governors.

Those of us who are of the libertarian persuasion quietly note that the federal government has no constitutional authority over public education policy. Therefore, Washington has to buy its authority – in the case of NCLB – with Title I money. If states want the money, they have to accept the mandates. So we are confused by those NCLB opponents who claim the federal law is costing them money. They say the cost of the mandates exceeds the funding.

The unions’ default reaction to such a condition is to demand more funding. But more and more districts and states are considering the alternative: reject the mandates and turn down the funding. Federal money usually trumps the principle of local control in most aspects of government policy. But if NCLB truly costs more than it provides, why participate?

It’s only fitting in a year when an Austrian bodybuilder becomes governor of California that an expansion of federal power by a conservative Republican administration would lead to an embrace of states’ rights by liberal Democrats.

7)  School District Size Issue Reemerges. Dormant for almost a year, conflicts about the size of school districts reappeared in several locations across the country:

* In Los Angeles, where several efforts to break up the mammoth district have been turned aside, the United Teachers Los Angeles (UTLA) is calling for an end to the “mini-district” experiment. Several years ago, the Los Angeles Unified School District established 11 mini-districts to answer criticisms that its bureaucracy was too centralized and removed from the public. UTLA claims the mini-districts simply add an additional layer of bureaucracy and cost too much.

* In Illinois, a state senator held a forum about a proposed breakup of Elgin School District U46, the second-largest school district in the state. The effort recently received a boost when the district disclosed it had a $40 million operating fund deficit. The Elgin Teachers Association called the proposal “a destructive distraction.”

* In Nebraska, the legislature’s education committee recommended all of the state’s elementary school districts merge with secondary or unified districts within two years, offering them an incentive of $4,100 per pupil to do so. Opponents wonder how paying such large incentives could possibly result in overall savings to the state.

8)  Chicago Teachers Union Delegates Approve Revamped Contract. On Friday, delegates of the Chicago Teachers Union approved a renegotiated four-year contract by a margin of 337 to 275. Both the delegates and the membership-at-large had rejected an earlier tentative agreement. The new deal will likely be approved by the rank-and-file during tomorrow’s vote.

9)  Pennsylvania Union Staff Bargaining Resumes Tomorrow. Negotiations between the Pennsylvania State Education Association and its staff on a new collective bargaining agreement will resume tomorrow. The session will provide an indication of whether PSEA will accelerate efforts to reach an agreement, or allow the divisive negotiations to become the main topic of discussion at its House of Delegates meeting on December 5.

10)  The Other Election in Louisiana. The NEA-affiliated Louisiana Association of Educators and the AFT-affiliated Louisiana Federation of Teachers can celebrate the victory of Democrat Kathleen Blanco over Republican Bobby Jindal in the race for the state’s governorship. But both teachers’ unions suffered a setback with the election of Polly Broussard to the state’s Board of Elementary and Secondary Education. Broussard is the executive director of the independent, non-union Associated Professional Educators of Louisiana.

11)  Irony of the Week. Last Thursday, Massachusetts Teachers Association President Catherine Boudreau testified before the legislature’s Joint Committee on Education, Arts and Humanities against the state’s English immersion law, which passed through a 2002 ballot initiative with 68 percent of the vote. The reason? It infringes on parental choice. “The new law’s lack of choice is not good for parents who want their children to have instruction in their native language or who prefer a program other than sheltered immersion,” she said, adding that the union is supporting legislation that would give districts and parents more educational choices. MTA’s championing of parental choice does not, however, extend to charter schools. The union is pursuing a moratorium on the establishment of new charters.

12)  Quote of the Week. “Why would they lead their members into a divisive, disruptive buildup toward a strike that would have cost their members dearly in money, professional esteem and public support? Why would they mislead their members about the content and timing of the district’s counterproposals? Because conflict inflates their importance. Why would they lead their members to the brink of a strike to protect a wasteful health insurance system and a dysfunctional process for assigning teachers to schools? Because both of those things serve to enmesh the association in the management of the district, to a degree scarcely seen anywhere else.” – former Portland (Oregon) school board member Susan Hagmeier, asking rhetorical questions about the Portland Association of Teachers. (November 14 Portland Tribune)

 

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