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August 28, 2006

The EIA Operations Center remains under siege. The FBI has dispatched a negotiator to gain control of the Audio X-Files, but they are still preparing for more direct action. EIA cannot match the federal firepower, but must rely on its secret weapon.

1)  Buffalo Affiliation with NYSUT in Serious Doubt. This Friday, September 1, there will be only one statewide teachers' union in New York, and NEA New York will cease to exist. At that point its largest local, the Buffalo Teachers Federation (BTF) will be in legal and administrative limbo, because it has yet to declare its intentions regarding affiliation with the merged New York State United Teachers (NYSUT).

Negotiations between BTF President Phil Rumore and top officials at NYSUT continued all summer and were largely cordial. In the past few weeks, however, the mood has gotten more and more combative, to the point where Buffalo's affiliation with NYSUT now has to be considered less than a 50-50 proposition.

The issues and personalities defy quick summary, but it is clear that BTF wants more services from the huge, merged NYSUT than it was getting from financial basket case NEA New York. BTF also wants a measure of autonomy when it comes to PAC recommendations and funding.

BTF plans what seems to be a rank-and-file vote for next month on affiliation, but this alone has caused tensions with NYSUT. NYSUT President Richard Iannuzzi informed Rumore that the state union would "communicate with your membership" prior to the vote about the advantages of affiliation. Rumore doesn't want NYSUT campaigning for affiliation in Buffalo.

Communications between the two sides have become more and more strained, with NYSUT warning about the "isolation of BTF and its members from the rest of the education union community," and BTF characterizing such statements as "not-so-veiled threats."

Rumore was able to make some veiled threats of his own. In delineating all the services BTF would be able to provide its members if it wasn't sending dues money to NYSUT, AFT and NEA, Rumore noted that his union "would no doubt be able to place $500,000 - $700,000 per year in our reserves for future contingencies." Such "future contingencies," EIA believes, surely include any attempted raiding by NYSUT.

Two weeks ago, the BTF Executive Committee unanimously rejected NYSUT's list of offered services.

These are two unions negotiating, so it's still possible that all this heat will dissipate and a settlement will be reached. And there's no reason for NYSUT to perceive an independent BTF as a threat to solidarity. The comparatively sized Akron Education Association operates independently in Ohio without much rancor from either the Ohio Education Association or the Ohio Federation of Teachers.

But, as the Change to Win unions learned, any dissension within a labor organization creates a lot of anger, and this has to be dealt with before BTF can work with NYSUT, either as a new affiliate or as an independent local union.

2)  The Detroit Teacher, Str--, Uh, Thing. Your local newspaper this morning probably contained the wire story that the Detroit Federation of Teachers voted to go on strike. But that's not entirely accurate. The union instead voted to go on "strike." The reason for the distinction is that public employee strikes are illegal in Michigan. "Strikes" are what happens when public employees don't show up for work and march around in picket lines outside their places of employment, despite the law.

If you think I'm making this up, have a look at this flyer. It was distributed to union members at Cobo Arena prior to the "strike" vote yesterday. Its title refers to a job action, and states quite clearly that public employee strikes are forbidden by state law. The rest of the flyer answers questions about "strikes," including one that reads, "The employee also has an opportunity to be heard and to challenge the employer's assertion that he or she was on 'strike.'"

This flyer lists the rules of conduct for the picket line. Item #19 reads, "The Union will provide picket signs; however, additional signs may be handmade. DO NOT USE THE WORD 'STRIKE' on any picket sign." (emphasis in original)

EIA has previously sermonized against no-strike laws, so there's no point in repeating that argument. It's a different matter to let the union claim the moral high ground while hiding behind a legalistic pretense to avoid the consequences of its actions.

3)  "Who Are Those Guys?" Yet another reporter failed to ask that critical question when approached by Communities for Quality Education, the NEA front group created in 2004 (originally as "America Learns") to disembowel the No Child Left Behind Act.

This time it was Kati Phillips of the Daily Southtown in Illinois who happily reported the results of a CQE poll on education spending without bothering to find out what CQE was or who pays its bills. NEA is mentioned nowhere on the CQE web site, nor are its officers listed. Shouldn't curiosity alone prompt a Google search?

Hat tip: Illinois Loop.

4)  School Choice Black Market Resurfaces. Illegal immigration is all the rage in the public policy debate these days, but the enthusiasm for creating school district border patrols seems to cross party lines.

The New York Times is the latest to examine the issue EIA has dubbed "the black market in school choice" – parents who lie about their residency in order to enroll their kids in better schools. Reporter Joseph Berger gets points for wondering whether hiring private investigators to conduct surveillance on students' homes is cost-effective, never mind its obtrusiveness.

But we have to take those points away because of this sentence: "One way to resolve the differences is to think of the rules governing out-of-district pupils in the same way as marijuana laws. There should be a law to keep marijuana under control, but police don't arrest all the smokers they see because the prisons couldn't hold them."

In reaching for a relevant analogy, Berger picked a really bad one. Parents who want to put their kids in a better school, but can't afford to live in the proper neighborhood, shouldn't be equated with pot smokers. Nevertheless, ignore Berger's reefer madness and read the worthwhile article.

5)  How to Make an Easy $225,000 in Nevada. The Nevada legislature paid $225,000 to consultants Augenblick, Palaich and Associates to study the state's education spending and report to the Committee on School Funding Adequacy. They came back with the recommendation that the state increase its spending by $3,600 per pupil – an increase of about 80 percent.

Where did they come up with that number? The Las Vegas Review-Journal reported "the spending recommendations came from a series of private panel discussions with 39 educators across the state."

Since the public was not present at these panel discussions, we can only assume the legislators paid the consultants $225,000 to put 39 public employees in a room and ask them "How much money would you like?"

How can EIA get a gig like that?

6)  Teamsters vs. NEA in Nevada Probably Headed to Court. There is no end in sight to the five-year battle between the Teamsters and NEA over the representation rights of some 10,000 education support workers in Clark County, Nevada. The workers are currently represented by the NEA-affiliated Education Support Employees Association (ESEA). After years of legal and administrative wrangling, Teamsters Local 14 was able to force an election last May, which it "won" by 2,711 to 1,932 (93 voted for "no union").

Unfortunately for the Teamsters, the law calls for a majority of eligible voters, not a majority of ballots cast. To win, the Teamsters needed to gain more than 5,200 votes. Only 4,736 ballots were cast.

The Nevada labor relations board certified the election results, leaving ESEA as the exclusive representative. The Teamsters submitted a motion stating that since neither union met the majority threshold, "no union" won the election. The board replied that it had exhausted its jurisdiction and could take no further action.

EIA doubts the Teamsters would go through all the effort and expense to force an election and outpoll the opposition, only to leave ESEA in charge. Expect this one to land in the laps of the judges and lawyers.

7)  The Education Omelet. Suppose you wanted to make an omelet. You have more than enough eggs, onions and mushrooms, but you have no peppers. Would you buy more onions and mushrooms because you were short of vegetables?

That seems to be the preferred solution to the teacher supply problem in places where it exists. The Arkansas legislature recently received a report titled "Teacher Supply and Demand in Arkansas," meant to address chronic teacher shortages in the state.

The Arkansas News Bureau published a story on the problem headlined, "Need to find ways to keep teachers teaching, lawmakers told." But it takes until the 12th paragraph to get this vital tidbit of information: "In the report, Wilson said the state has enough teachers, but that some areas are reporting shortages of teachers of some subjects."

And it isn't until the 16th and final paragraph that you learn that "The highest percentage of surpluses were found in elementary education, with 81 percent of schools reported (sic) more than enough teachers in that area."

Since elementary education teachers comprise the majority of the public school teaching force in any state, there are two questions that should be answered: a) How do we persuade teachers to specialize in the shortage areas of math, science and special education, rather than join the overstaffed elementary education field? and b) Why is the 16th paragraph never, ever the lead paragraph in a story on teacher supply and demand?

8)  Last Week's Intercepts. EIA's blog, Intercepts, covered these topics from August 21-28:

* New Medical Evidence Suggests Union Corruption Causes Ailments - Former Washington Teachers Union Treasurer James O. Baxter's pain in the neck won't keep him out of prison. He should have used more imagination.

* Knowing What You Don't Know – Reasonable people can disagree about various education reforms. But how should we weigh the opinions of those who admit they don't know what they're talking about?

* How Education Policy Is Made in Sacramento – The California legislature's reading problems are more worrisome than those of the state's fourth-graders.

9)  Scheduling Note. The next EIA Communiqué will appear on Tuesday, September 5.

10)  Quote of the Week. Another excerpt from AFT's Audio X-Files: "[Name redacted] interacts with the people on the Hill, all of whom love her, one, because she's a great person, and two, because she's the one who delivers all the PAC checks."

 

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