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Communiqué for the Week of June 22, 2009:

1) Coverage of NEA Representative Assembly Begins July 2. For the 12th consecutive year, EIA will provide daily gavel-to-gavel coverage from the floor of the National Education Association Representative Assembly in San Diego. For those of you who are new to the communiqué, you should know that distribution works a little differently that week.

There will be no e-mail communiqués from the convention. I will blog each day's events on Intercepts, which you can check at your convenience, or you can subscribe to the blog's RSS feed. If you absolutely insist on e-mail, go to the Intercepts page, where you can sign up for blog updates via e-mail. You need only provide your e-mail address. Feedburner will send you a confirmation e-mail once you complete the verification. The rest is automatic. You'll get one, and only one, e-mail per day with the full text of the content I have added to the blog that day.

There will be no communiqué next Monday, though blog posts will continue daily, as usual. The first convention report will be posted Thursday night, July 2 and each evening thereafter until the convention closes on July 6. You'll get in-depth reporting, analysis and, I expect, photos and video of the proceedings. After the convention is over, and as the summer wears on, additional material from the convention will be part of your regular weekly communiqués in July and August.

Few fireworks are expected, and it's unclear whether the trusteeship of the Indiana State Teachers Association will even be addressed. NEA has no restrictions on seating delegates from such affiliates, unless they fail to pay their national dues. We can assume that despite its other difficulties, ISTA is current.

The only other issue that may arise from the trusteeship is the directive of NEA by-law 8-12 a., which states a trusteeship may be established "for the purpose of (i) correcting corruption or financial malpractice or (ii) restoring democratic procedures." The establishment of a trusteeship is prima facie evidence of NEA's belief that corruption or financial malpractice took place in Indiana, although, at last report, no one has been formally or publicly accused of anything.

U.S. Secretary of Education Arne Duncan will hold a town hall meeting on July 2 with the delegates, and NEA Friend of Education awardee Linda Darling-Hammond will speak on July 4.

I will be available via e-mail for your questions and comments during the convention, but please make allowances for delays in my response. Delegates and guests are welcome to visit with me by the press section (left of the stage as you face it), but be aware I am restricted from wandering around the convention floor. As always, conversations with me at the convention are kept in confidence - not for publication unless you explicitly authorize it.

2) Vox Populi, Vox Nihili. Take a look at this interactive map. It shows the results of the California special election of May 19 regarding Proposition 1B, which would have required the state to provide an additional $9.3 billion in funding to the public schools. The measure went down to a 62-38 defeat, and lost in all but three of California's 58 counties.

NEA and the California Teachers Association spent more than $10 million to pass 1B, when they could have just saved their money because Democratic legislators just introduced a bill that would spend the money anyway. Jim Sanders of the Sacramento Bee reports:

"Democrats also argue that 1B was rejected for reasons other than school funding – voters were angry that the Legislature hadn't solved the state's budget crisis, and they didn't like that 1B would take effect only if Proposition 1A were passed to extend some newly imposed taxes for up to two years."

These folks are too dim-witted to understand election results, so it's hardly surprising that they might believe the union's claims that California "ranks dead-last in the nation in per-pupil spending," or that reducing school bus routes "risks students' lives" because they might begin "walking in dangerous neighborhoods or along treacherous routes."

Meanwhile, the state Supreme Court ruled unanimously that districts do not have to allow unions to place campaign flyers in teachers' mailboxes at school.

3) Court Rules Teaching Seventh-Grade English Is Not a Civil Rights Violation. If you want to know why the Indiana State Teachers Association (ISTA) has money trouble, you might ask the union how much it spent on the case of Sharon Lucero.

Lucero had been teaching AP English in the Nettle Creek school district, but in 2004 administrators assigned her to teach seventh-grade English instead. In response, Lucero filed two Equal Employment Opportunity Commission (EEOC) complaints and a union grievance, claiming "gender and national origin discrimination." The union grievance went all the way to arbitration, where the arbitrator dismissed it, ruling her reassignment could not be considered a reprimand.

Lucero sued Nettle Creek in January 2005, claimed she incurred medical expenses for treatment of physical and emotional stress, and filed a 147-page brief with 245 tabbed exhibits. The district court granted summary judgment in favor of Nettle Creek, which Lucero appealed to the U.S. Seventh Circuit Court of Appeals. Last week, the Seventh Circuit upheld that decision.

The full opinion is available here, and it's worth reading all the way through. I don't know how much Nettle Creek was forced to spend on the case, but the money surely could have been put to better use, maybe even saving a new teacher's job.

Oh, I forgot to mention Lucero sits on the board of an ISTA regional council.

4) Pigeon-Holed. There is a bill in the Massachusetts legislature that would require pigeons used in motion pictures to be "licensed and banded." I'm unsure what "banded" means in this context, or whether it's meant to say "bonded," but the Boston Herald interprets it to mean unionized - "no fly-by-night scabs stealing scenes," the paper reports.

The commenters are having a blast with this one, including my personal favorite, "What about the squirrels? They can't all work for ACORN."

The threat to unionize pigeons is not without precedent. Back in 1997 Local 70 of the Teamsters told the trustees of Mills College in Oakland the school could no longer use non-union goats to manicure the lawn. In a grievance letter, the Teamsters offered to represent the goats "in the same aggressive forceful manner we do every other member." (See page 6 here for further details.)

5) Contract Hits. Wherein we highlight a contract provision from the current agreement between the National Education Association and its largest staff union. This is Article 18, Section 8:

"The [staff] Union President, Vice-President, Secretary, Treasurer, Grievance Committee Chairperson and Chief Shop Steward shall be continued in active employment by NEA regardless of their relative seniority, provided that there is bargaining-unit work that they are qualified to perform in any Job Category. Preference among the aforesaid Union officials shall be in the order in which they are listed herein (i.e., highest priority to President, etc.)."

6) Last Week's Intercepts. EIA's blog, Intercepts, covered these topics from June 15-22:

* The Turn of the Screw. Education Week gets disarmed.

* Today's Bad Timing Award. Maybe virtual charters aren't a way around unions after all.

* Report: Weingarten to Step Down in NYC. This was inevitable, since she only makes $350,000 a year.

* That Is One Fast-Spinning Revolving Door. Hello, I must be going.

* Win One, Lose One. I can't confirm these numbers, so I throw them out here and will happily correct them if I'm wrong: Of the roughly 4,600 charter schools in the U.S., about 110 are unionized.

7) Quote of the Week. "The teachers union, and its president, however, ought not to paint themselves as selflessly taking one for the team when, in reality, it only did it kicking and screaming." – Jack Spillane, columnist for South Coast Today in Massachusetts. Spillane was commenting about a claim by the Fairhaven Educators Association that it voted to "take three days without pay next year to help the Fairhaven schools." In fact, the union negotiated a reduction in contractually required work days in exchange. (June 21 South Coast Today)

 

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