From the Vault: April 26, 1999
+ How committed to democratic practices are the teachers’ unions? Critics, including EIA, are never slow to emphasize those instances when union democracy falls short of union rhetoric about democracy. In North Carolina, NEA’s state affiliate silenced those critics. The North Carolina Association of Educators (NCAE) is so committed to democracy, it repealed the laws of mathematics through a majority vote.
For the past few months, the biggest internal issue for NCAE has been whether to grant full membership rights to ESPs (education support personnel — custodians, bus drivers, teachers’ aides, et al.). Most NEA state affiliates already do this, the notable exceptions being California, Connecticut and Hawaii. NCAE’s elected leaders were forceful in their advocacy of the ESP inclusion amendment. NCAE President Joyce Elliott (who, interestingly enough, is running for vice president, while her vice president, Geraldine McNeill, runs unopposed for president) called it “the right thing to do.” NCAE publications listed the locals and districts that supported the amendment and admitted to “intensive lobbying by NCAE leaders.”
As with all constitutional amendments, the ESP inclusion measure required a two-thirds majority of the NCAE Representative Assembly to pass. The day of the vote, banners, fliers and buttons reading “ESP Yes!” were seen everywhere. NEA national headquarters provided financial assistance to the amendment supporters. A long debate was held, and then 1,304 delegates voted.
The final result was 869 in favor and 435 against. The measure was pronounced “passed.”
Opponents of the measure (evidently led by math teachers) challenged the result, pointing out that the measure fell one vote short of a two-thirds majority, and had in fact received only 66.6411 percent of the vote. The challenge, however, required a majority vote of delegates, which it did not receive (naturally). The definition of “two-thirds” thus succumbed to the will of the majority and ESPs are now full voting members of NCAE — able to participate in the upcoming election of NCAE officers.
+ More fun with democracy is on display in Rhode Island. Last month, EIA reported on a decision by the U.S. First Circuit Court of Appeals upholding the eviction of 24 top teacher union officials from the state’s public employees’ pension plan. These officials claimed the time spent on union work as public employee time. Since pension payments are based on salary, the state found itself asked to dole out huge amounts of money. For example, current AFT Vice President Edward McElroy (a former Rhode Island union president) contributed $34,400 to the pension fund and would have received a benefit of $550,000 — in addition to his union pension.
The circuit court ruled that the union officials were never public employees for pension purposes and ruled their eviction legal. But it isn’t over yet. NEA Rhode Island had already called in the big guns for this case — namely NEA General Counsel Robert Chanin. Last week, NEARI’s executive board voted to spend union funds on an appeal. Some local officials balked at the vote, since it was held without first placing it on the board’s agenda, without copies of the court’s decision, and without copies of counsels’ opinions. This week, former NEARI President Ronald L. DiOrio and former NEARI Executive Director Donald Hill will be tried on conspiracy and pension fraud charges. Both men stand accused of misrepresenting DiOrio’s employment status in order to gain him a state pension.
