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November 10 School Bosses in Planning Time CrossfireBrevard School Bosses are experiencing crossfire in a way most Florida School Bosses have experienced recently, or soon will.
The teachers have contracts guaranteeing a planning period during the school day, and other demands are infringing upon this contractual guarantee. Unions, instead of filing grievances (after all, contracts are clearly being violated), are whining about it at bargaining time.
Of course, the union position, usually ( and unfortunately) conceded to by school board negotiators and board members, is that school bosses are the culprits.
School bosses, and honest teachers, know better.
Planning periods have been taken for years for IEP meetings or preliminary sessions known by other acronyms (SST's in my old district). Sometimes parent conferences, especially in middle schools, are arranged during team planning times. There are a variety of other reasons that meetings are scheduled during planning periods. These are not usually at the discretion of school bosses.
The number of these meetings... that are necessary or at least required by policies set by someone other than the school boss... has steadily increased over the last generation. All of these meetings can't be held in the other two available windows... before and after school... if people other than teachers need to attend. A guidance counselor or admininstrator can only attend one meeting at a time. Even the teacher(s) can only attend one meeting at a time.
Sometimes teachers prefer to have team parent conferences during their planning time when the alternative is an after-school meeting. These meetings are still counted in the data when unions claim that more than half of a typical teachers' planning periods are taken from them. Technically correct, but misleading.
But without counting these "teacher scheduled" meetings, nobody can deny that a contractual right has been eroded.
The problem, other than the fact that sometimes school bosses are treated like whipping boys, is that there isn't a viable alternative. In other words, what is the union's solution or end game?
Fulfilling the contractual commitment to teachers regarding planning time just isn't possible, if the mission of the school is to be accomplished.
This is a perfect example of a contractual concession (in this case conceded many years ago) that has come back to haunt us. There was a time when it was possible to set aside a teacher's planning time, with only a few interrruptions, like meetings with the principal for evaluation feedback or an occasional meeting between a teacher and counselor to discuss a strategy for kids. Now, the contract provision is out of sink with the real world of IDEA and a team approach to serving kids.
The real solution, of course, is to eliminate the contractual provision. Ha! The gutting of planning time clauses would be considered a major kick in the gut by teachers. Not just union lovers either! But, of course, they aren't getting their planning time now. What can we do... pay them more money in order to give up their planning time? In other words, pay them to plan some other time?
And if we had money to do that, we could just increase salaries and leave the planning time nightmare alone.
Which is what we already do.
And school bosses will be blamed... ad nauseum... for "taking away" planning periods by our (implied) incompetent scheduling abilities.
I'd love to see board members and superintendents... and chief negotiators... just tell it like it is. But it won't happen.
But that's why we get the big bucks. So I'll quit whining.
And Brevard contract talks about this issue and a bunch of other non-monetary items? Settled the next day. A study committee approach will be applied to most of the issues. November 09 Surreptitious Video: Not in a Pro-Union DistrictWith attitudes like this, who needs enemies?
Pasco County has always been heavily influenced by unions. Just how greatly has recently become apparent. (One theory is that union influence is greatest in districts where the superintendent is elected, because a strong union can control the voter turnout in those elections.)
Not that Pasco is a totally dysfunctional place... it has also been known as a "leading-edge" district when it comes to instructional and instructional support programs.
Still, I can't believe what I read recently in the St. Pete Times. First the headline:
Spying on worker a no-no
Then there was this amazing quote:
"Food service may have gotten ahead of law enforcement," said employee relations supervisor Kevin Shibley, calling the decision an inappropriate aberration. "It's the general practice of the district that we don't instigate surveillance on our own."
And this incredible quote:
"While the district has a responsibility to respond to any reports or information which indicates possible unlawful activity in the workplace by an employees, the district agrees that the use of covert videotaping in the workplace as an investigatory tool ... will only occur under the direction and control of the appropriate law enforcement agency to ensure the appropriate laws and privacy considerations are adhered to," employee relations director Terry Rhum wrote in an Oct. 9 letter to the union's business representative.
Here's a link to the article.
Don't get me wrong. A school boss should not covertly videotape his or her employees... without the agreement and support of district administrators. It's a tricky business, and has to be carefully considered. And just as you don't search students in cases of petty theft, you don't use covert videotaping for minor employment rules violation or thefts. In this case, thousands of dollars went missing, and apparently law enforcement dropped the ball in regards to videotaping when an officer was transferred in the middle of the investigation.
But it is perfectly legal to videotape employees in the workplace... covertly... and it is necessary in some circumstances. Employees have a right to privacy in restrooms and changing areas. We hate the idea of working in front of a camera, and it isn't wise or cost effective to put cameras the public spaces where most of us work. But there is no law or rule that prohibits videotaping in a public workspace. Unless, of course, you agree to such an idiotic rule in a union contract. Since a grievance was mentioned here, but no violation of a specific clause, I'm guessing there really isn't a grievable offense here.
No company in America would make statements agreeing to forbid the use of covert videotaping in the workplace. No honest employee has anything to fear from being videotaped in their workspace.
School districts have to use that tool to catch work comp fraud, thieves, and sexual harassers. Secret videotaping is often the only way to catch employees who leave the premises during work hours without permission and therefore claim pay for time not worked. Local law enforcement would consider getting involved in only one of these types of offenses... and only then if the amount stolen was substantial.
It's embarrassing when covert videotaping is discovered by the suspected employee. It is unthinkable that the district would publicly commit to forego covert videotaping in the absence of law enforcement.
P.S.: In regards to union dominance in Pasco, a recent article explained that the board was considering imposing a contract clause that would insitute "reasonable-suspicion" based drug testing of employees.... something done almost every district in the country and a requirement of an institution wanting to qualify as a Drug-Free Workplace. Seems the district had a group of employees come to school under the influence and, knowing their contractual rights, refused to submit to drug and alcohol testing. Amazing. November 05 Another Merit Pay GlitchYet another reason that poorly designed merit pay schemes will continue to fail:
"Of about 400 Martin County teachers and administrators awarded bonuses recently, one name was conspicuously absent: Carol Matthews O'Connor, the district's teacher of the year.
Fewer than half of the teachers of the year at the district's 22 schools earned a bonus under STAR (Special Teachers Are Rewarded), a controversial merit pay plan that was approved reluctantly last school year by the school board and teachers union." Here's the entire Palm Beach Post story. I've written previously about the necessary components of a successful merit pay scheme. One is that a supermajority of teachers must qualify in order to maintain political support. It also would help to make sure that most Teachers of the Year qualify. Not all Teachers of the Year are excellent teachers, but they almost always are pretty good teachers. And if a less than excellent teacher qualifies for merit pay one time because his or her peers chooses him to represent them as Teacher of the Year... well, what's the problem?
September 17 Half-Days No MoreHernando's school board began discussing this last year.
Now they've gone and done it.
No more half-days.
The first sentence of the St. Pete Times article says it all.
Monthly half-days get the boot
By TOM MARSHALL, Times Staff Writer
Actually, you can reword that first sentence into a question.
Are they annoying, wasteful and ineffective?
If they are, the practice should end.
And the answer is... yes, they are.
Read the whole article by clicking on the link below:
You Break It, You Own ItAs much as school board members sometimes whine about skewed salary schedules.... they own them.
Collective bargaining in Florida is a not-so-complicated dance wherein the union gets to "advise" the school board and make their best arguments for contract language and salary proposals. But the end result is that the school board retains total discretion in setting the terms of the contract and the final salary schedules. Should there be an impasse, the board ultimately can "legislate" the contract.
Here's another horrible example of a school board shunning it's responsibilities... and blaming the union for the mess.
Of course, in some places in Florida... like, say, Broward County... it's hard to get elected to the school board without union support. That's not true in most places in Florida, or even in some of Broward.
Of course, when the teachers replace union leadership someday... and want a more reasonable schedule... the school board will get all of the blame. One hundred percent. And they should.
And no, a reasonable schedule does not necessarily imply neat little steps. A reasonable schedule is what the district needs to compete for teacher candidates and retain staff. Most voters would be shocked if they ever realized how teacher pay works, because it doesn't work that way anywhere else in the world. Even in union shops like those run by the UAW or the Teamsters. Seniority means a lot in most union jobs, but it doesn't mean that you would make more money for doing the same job.
May 04 Charter Fishing in Pembroke PinesThe city of Pembroke Pines, in Broward County, thought it would be great to run their own school system.
They may be reconsidering soon.
One of the benefits of charter schools is relief from the endless regulations imposed by the district and state governments. Relief from teacher unions is the other main benefit... except there is nothing in charter school law that keeps employees from forming a union.
Pembroke Pines teachers decided to join the same union that represents all other Broward district teachers.
Now the fight is in full swing. One union tactic that is illustrated in this Miami Herald article is the filing of an endless stream of public records requests. The city has countered in the usual way, by attempting to charge a gazillion dollars in costs for copying the documents. The city can't win this in court, and they know that. It's really just a negotiation. And the union counts on management to tire of the harassment and give in.
Public records law in Florida is a great concept until it is abused. And there is hardly any way to limit this abuse once an individual or group decides to abuse the right of access.
Fair warning: when the union makes these shotgun requests, everything a school boss puts in writing, including emails, will be turned over to the union. Anything embarrassing can and will be used against you. If a school boss isn't careful, this can be more productive for the union than a charter fishing trip. April 13 Early Release Days QuestionedOK, so it's not just a union issue.
Many teachers, including our best, desperately wanted more planning time.
And many school bosses, particularly at the elementary level, supported the concept.
Management teams held off for years, fearing a bad outcome. Schools would not have the discipline to use the time wisely. Particularly at the secondary level.
That wooshing sound you hear is the approaching pendulum about to swing back to the other side.
The one that respects parents.
There are other solutions that would provide more planning time.
Unions pushed early release, and management teams caved, because there was no cost.
We could just pay for extra planning time... not necessarily by hiring teachers for extra hours... the good ones already work 60 hours per week and the lack of pay for these long work weeks was never their issue.
You can pay to provide release time during the school day. Other adults can supervise kids... say... while they get more physical exercise? These other adults cost money. Not that much in the scheme of things. In fact, classified or school-related employees cost a lot less than teachers! A specialty team could be hired to rotate among schools. The team could rotate during the day to release various grade levels.
The need is just not there for middle and high school folks.
There is no need to release non-academic teachers at the elementary level either. They could provide coordination, especially since elementary school bosses really need to participate in planning sessions with their teachers.
I'm just sayin'.
I love it when a school board member stands up and is counted.
Here's a regional update.
And now the St. Pete Times Editorial Board weighs in.... and parents now have a voice!
February 21 Personal Leave NightmareNothing drives a Florida School Boss nuts quite like a teacher who intentionally breaks school board and contract rules, regarding the limit on personal leave days.
Here's the Martin County story. Another version.
Let's assume, for the moment, that the teacher really is an effective teacher... or even better than effective.
This is a classic case of contract rules being established due to the insistence of unions on treating everybody the same. So school boards agree in contracts to allow a certain number of personal days per year for those unexpected or unusual events that come up now and then. (Boards do not have to agree to allow personal days.) The most common number allowed is six per year. Of course, these are really sick leave days in disguise, so let's also assume the teacher in question has had good attendance... or better than good... and has enough sick leave to use six days for personal leave.
Yet, it's not enough. A husbands extreme hobby takes precedence over the kids.
School bosses know that this comes up all too often and the circumstances don't fit the assumptions or even the facts of this case. Some teachers use personal days early in the year and then suddenly need another few days for important events like... Bike Week in Daytona... or daughter's out of state majorette competition... or a vacation to fit a spouse's work schedule.
Notice how the union, the bastion of "treat all teachers the same regardless of talent or effort", sides with the teacher who blatantly violated the rules sought by the union!
The school board can't legally make exceptions to a contract, so they are between a rock and a hard place. They will be asked to ignore the breaking of the contract. And if they do, they will set a precedent that will haunt them forever.
Not mentioned in the story is a school boss that is left hanging. See, the school boss is the one who denies inappropriate leave requests... just like they are expected to do by superiors... and the school board. Being overturned will not help.
If there were no union, and no contract, the school board... maybe even the school boss, could tailor solutions to problems like this one. Part of that would be consideration of the overall value of the teacher to the kids. Factors like attendance in general, and performance in all respects. Of course, eventually, there is a point at which a great teacher should seek other employment if they can't live within the school year parameters.
Let's remember that the personal leave limitation rests ultimately on the fact that kids are only in school for 180 days per year and the teacher needs to be there when they are healthy. December 27 Who Will Represent Subs?Florida School Bosses.... should represent substitute teachers.
We don't want another union to deal with, do we?
Honestly, nobody seems to consider the fact that substitutes play a vital role in the education of students and are constantly being shortchanged.
At least subs that work a majority of the school year should receive much more than they currently receive. This "frequency of service" differentiation may alleviate the concern that comes to the minds of school bosses when paying subs more money is considered... some of these subs are 1) folks who weren't good enough to get hired, or 2) former teachers who weren't so good when they were part of the staff or 3) folks with no credentials or experience (since we are always short of subs).
Unions... and too often school bosses... can't see the true compensation of subs vs. other classified workers. So unions fight increases for subs that take money away from the potential salary pot for their bargaining unit members... despite that fact that their members have to put the pieces together (sometimes literally) after a not so bright sub has taken their class.
And yes, we want to support our regular classified workers.
Someone once proposed paying a group of subs more than the hourly rate of regular employees (just step one) for a particular job. Of course, one motivation was to use the sub raise, which did not have to be negotiated with the union, to force the union to accept a larger salary increase for regular workers in the same position. Yes, unions do fight increases for their members when the board wants to give more to one group than another. Think yellow. The color yellow. Big and yellow.
Outrage ensued. Pay subs more than "our own people"?
Yet, many folks hadn't considered the total picture.
Facts were... when all of the benefits of regular employment were added up... step one workers were receiving over $6 per hour in benefits that subs weren't getting. For the occasional sub, maybe that makes sense. But what about those subs who worked every day... or almost every day... of the year?
For example, let's look at teacher subs.
It's true...sub teachers don't have to report to work every day. They can choose not to work on any given day. (Of course, if they don't work most days, they will find themselves on the bottom of the call list.) And on the other hand, subs aren't guaranteed work... and most subs don't really just work for the fun! Their work is of two types... a different assignment every day or two... different kids, different room, different co-workers... or they take on a long-term assignment, doing a lot of the after hours work of the regular teacher... like grading papers and meeting with parents.
Yet, substitute teachers don't receive...
10 paid sick days per year (and no sick leave bank, of course)
retirement benefits (worth maybe 9% of salary?)
health insurance (about $6,000 per year on this item alone)
credit for years of experience (does this make sense?)
school bonuses under A+
any chance of getting one of those performance bonuses
Stand up... in the appropriate, proper channel way... for subs. They work for you. They work for your kids. Your FCAT scores, and therefore your school's grade, are impacted by these subs. A good time for mentioning this priority is when the superintendent asks for input in preparation for negotiations... since nobody is negotiating for them.
This is just one of several Florida newspaper articles this year highlighting the plight of substitutes.
September 22 Dealing with Unions and Union Leaders- Part FiveSome specific advice:
Your district has a FEN member. FEN is the Florida Educational Negotiators group. FEN members are knowledgeable about school labor relations and have access to many experts when they don't know an answer. The FEN contact may or may not be the chief negotiator for the district. Many districts wisely use an outside person for their chief negotiator. Wise because a chief negotiator has to sometimes say no... a lot... and they can take any heat the union wants to produce. The chief negotiator doesn't have to work with teachers or other staff throughout the year. The FEN contact is probably the person who handle grievances, at least to some degree. They also advise the superintendent on labor relations. Call the FEN contact whenever you have a question and whenever there is a potential union or contractual problem.
Know your contract. It changes, at least to a small degree, every year. Review the whole contract every year... it only takes about half an hour.
Don't intentionally violate the contract. If there is a provision in the contract that limits your ability to serve students, seek to change it by working with other school bosses, the FEN contact, and the superintendent.
Don't give the union more power than they possess under the law or the contract. A common mistake, for example, relates to when you must allow union reps to sit in on meetings. Employees generally have a right to have a union rep present whenever the employee is being questioned and there is any chance that the employee could be disciplined in relation to the investigation. An employee does not... unless you are working under a bizarre contract... have a right to have a union representative present at other times when meeting with the school boss. This includes post observation conferences when you are giving the teacher feedback on their performance.
At no time, other than in an arbitration hearing, are you required respond to questions from a union rep. Never let a union rep interrogate you. They are looking for...any...thing... that can divert attention from the problem of the employee they represent. The union rep may be present when you are questioning an employee in an investigation... for the purpose of advising the employee and to witness the questioning... not to ask you questions. They will....but you should remind them that you are not there to be questioned.
Don't place too much confidence in your relationship with a school building rep... especially when you are dealing with a significant employee problem or you are dealing with significant unrest among staff. Remember that a school building rep can often be overruled by district or state union officials.
If you are privy to district negotiating positions (and hopefully you will be), you won't ever divulge confidential information regarding management positions to a person not privy to the information, regardless of the fact that you are their best friend or it's your mother. September 21 Dealing with Unions and Union Leaders- Part FourSometimes a new building rep is a good person who doesn't really know what to do in their new role. Just in case they happen to ask...
Dr. Homeslice provides a personal philosophy most school bosses could live with...
"As I head back into the classroom with millions of other school teachers, I find myself putting back the uniform of the union building steward. Utility belt, check. Sympathetic attitude towards fellow teachers, check. Contract locked, loaded and indexed, check. Open mind to both sides of the story....uh....check. (Note that there is no cape in my costume, as it is the undoing of all superheroes-- just watch the Incredibles, you'll understand when you see the end with Syndrome and Jack-Jack.) I guess I've been thinking about this for a while-- and I ask you, the readers of this blog, to comment on the topic. Is your building union person a soldier or a diplomat? Both? One more than the other? How does it work for them? How are they regarded? I have been both. I would prefer to be diplomat rather than soldier, but there are times for both. When a teacher comes to me with a concern I usually have a standard operating protocol. First, I usually invite them up to my room. If they decline, then it's not a big deal, but if they agree, then there's something up. It's important for my colleagues to feel like they can tell me what's going on without worrying about who hears what. I have learned the virtues of a closed door conversation. In fact, once we're in my room, I make it a point to ask them if I need to close my door before we get into what we're talking about. I offer them a seat and ask them what's on their mind. As they tell me, I'll usually nod, ask questions, take notes, do the "Mmm-hmmm" thing (without sounding patronizing) to show them that I'm listening. I don't fidget and look them straight in the eye. I try not to interrupt too much, especially if they're really heated about something. I will always take notes when money is involved so I can get dates, hours and such right. One of the things that I try and do when they're done is repeat their story or concerns back to them (not verbatim, of course) for two reasons. One, it tells them I was listening to what they had to say, and two it allows me a chance to make sure I understand what they're saying to me and ask clarifying questions if I need to. Another thing that I try to do as I repreat their story and concerns is to emphasize (and show empathy) for the inconvenience and/or struggle they have to go through as a professional because of said issue/ situation. I don't have a hard time seeing the hassle that my colleagues have to deal with, so my empathy for their issue is genuine, even if I don't view it as major or all-encompassing as they do. The trick, however, is to make them feel as if you do. Once my colleagues have had a chance to relate their issues with me, I usually begin to think out loud. Sometimes I'll reference the contract from past experience or just plain pull it out and start thumbing through it. My mantra, however, is that if I don't know an answer I won't fake it. I will find the relevant passage in the contract, and if I can't, I'll call the Uniserve office to find out the answer from someone who does know. I'll generally give them a number of options that are built around trying to solve their issue. They range from passive to aggressive, with me handling/solving the issue to them solving the issue. Sometimes my colleagues actually want me to do nothing; they just wanted to vent, or let me know of the situation. I'm more than happy to serve as an outlet for their frustration because it gives me a bigger picture of my building overall and helps me to know my colleagues better, which ultimately allows me to better serve their interests. I'll generally end those conversations with "Let me know if you need me to do anything". As I give them their options, I make sure that I lay them out in the "Here's what I can do" format. This means that I tell them what I (personally) can do, or what they can do (if they so choose to). This allows them to exercise complete control over the outcome of the situation. This is because I personally wouldn't want to take a sensitive issue to someone who I thought could offer either direct help or consultancy to help me solve it and end up having them unilaterally trying to affect the situation against my wishes. Conversely, I don't think I've ever encountered a serious situation where I felt I had to do something and my colleague didn't want me to-- yet. The unfortunate thing about being a union steward is that people automatically assume that your job is to fight the administration in your building, and that your relationship with the administrators is going to be adversarial no matter what. Perhaps I'm just a glass is half full kind of person when it comes to this stuff, but I honestly can not remember any administrators that I honestly didn't like. I mean seriously, I cannot remember any. I think I've liked them all (to varying degrees, of course). Liking them, however, does not preclude disagreeing with them. I do that all the time. I just try to disagree amicably, if there is such a thing. At the same time, I don't really want to get into a major conflict with my boss(es) but I am someone who's going to speak their mind, or convey the feelings of others. I have to remember (and I try to) that regardless of my personal feelings on someone or something, I was elected by the staff of my building to represent them, to represent their interests and stand up for them. I cannot forget that going into the administrator's office....even if they do have a darn good argument for what it is they're doing. Some of my best work in the past has been sitting down with an administrator and trying to see their side of the issue and glean what it is they want out of it. I then am able to explain what I want out of it (a person to not get a letter in their file, for example) and how they can get what they want, I can get what I want (which, of course, is in the best interests of the teacher or teachers involved) and everyone can be happy. Usually in this situation, I end up playing the role of a post-Presidential Jimmy Carter-- that is, running interference for the teacher and am the go-between so they don't have to deal with the administrator(s). Unfortunately, this does not always work. Back to my relationship with the administration. As I was saying, I'm going to get predictably nowhere with them if I am spit and vinegar all the time. I need to keep the relationship as cordial as possible. Quite honestly, I try to embody the teacher mantra from opening bell to closing bell-- "pick your battles". When I play, 99% of the time I play nice. However, I'm like a lawyer-- I will generally not ask a question of an administrator that I don't already know the answer to. I just want to see what they say. It's not that I don't trust them, I just don't trust them. :) It's hard to be a diplomat when the teachers around you want you to be a soldier and get things accomplished quickly, brashly and boldly. Most of what I do is listening, very little is actually doing. Something goes wrong, teachers want to file a grievance and fix the problem. I've told them before, a grievance doesn't actually fix the problem-- it's just a formal notification that the two sides at the table (union and administrator) cannot come to an informal solution or understanding of a problem. The grievance then begins the adjudication process of a complaint. Grievances can be sustained or dismissed-- just 'cause ya file one doesn't mean that it is the union equivalent of pushing the Staples Easy button-- far from it. Similarly, I don't like to threaten that I am going to file a grievance or call the Uniserve office. You can't threaten. You can't cajole, you can't beg. You have to work together and come together to seek a solution to your problem. If you are truly and wholly contractually in the right and you can't come to a solution, file a grievance, that's what it's for, but for god's sake, don't threaten to file one. That's just drawing a line in the sand and asking for the administrator to step over it. That means they'll test you to see if you will file one, and if you don't they have your number and you'll get walked all over for the rest of your time as a chapter leader or shop steward or whatever. In the past, I've said things like "I really hope we get this solved, because situation X is not acceptable." The administrator goes on to say whatever it is they say that reveals that they are not budging on whatever it is that is the problem. I then respond with "If we can't solve this and situation X remains, then I am going to have to file a grievance. It's not what I want to do, but it's what I am required to do in this situation." Remember, it's not about what you want to do, it's about what is best for the teachers in your building you are there to make sure they are treated like professionals." September 20 Dealing with Unions and Union Leaders- Part ThreeFlorida School Bosses will remember that unions are not their friends. Unions are essentially democratic organizations. What could be wrong with a democratic organization? Many teachers are opposed to unionism or the specific union that represents them (and therefore they refuse to join). The remainder of teachers join, but as in all things democratic, don’t want to participate on a regular basis. This is not unlike the Democratic and Republican parties. Like political parties, this makes unions subject to extremism. Unlike political parties, the more talented individuals don’t necessarily pursue leadership roles within the group. This might be because the most talented members focus so much on their teaching. It is very common for teacher unions to have a lot of trouble filling school representative and executive committee posts. One Florida district went two months without a union president for this reason. The result is chronically inept leadership. Combined with the democratic philosophy and opting out by many teachers, the result is often greater focus on the needs of mediocre to less than mediocre teachers. Is the union in your district led by the best teachers in your district? Some of our best teachers join the union... but few actually serve in leadership roles. When they do, unions tend to be more functional... and less adversarial. Another philosophy of unions is equality. Not equality of opportunity, but equality regardless of effort or talent. Remember that all members have one vote and most members don’t vote except for the final annual contract ratification. (They don't vote for officers, they don't vote for union political agendas, they don't vote for union negotiation stances.) Any effort of a school boss to recognize that some teachers are more capable or work harder than average is viewed with hostility by unions. This is not limited to legitimate concerns about merit pay plans. Unions work hard to insure that all members have equal power in a school and that union members as a group take power from the school boss. Unions believe that all major decisions should be made by committee. They currently promote negotiation of contracts by committee... in a process called collaborative bargaining. Unions seek selection of department and grade chairmen and peer teachers via majority vote of teachers rather than selection by the school boss. School bosses should fight this at every opportunity. Unions also treat access to extra assignments as a benefit, rather than roles to be filled for the benefit of students. For example, summer school teaching is often guaranteed by contract language to go to the teachers with most seniority and/or in reverse order of service as a summer school teacher in the past. No consideration is given to assigning the teachers who would best meet the needs of these most needy of students. For every new school program, procedure or initiative that ultimately doesn’t work... the union position is that the failure was the result of inadequate consultation with staff... regarding of the level of consultation that occurred. Thus, school bosses get the blame, but should not have (in the opinion of the union) the responsibility for making key decisions. Unions are not your friends. September 19 Dealing with Unions and Union Leaders- Part TwoSo why aren't unions your friends?
Running a union costs money.
Members must supply the money (pay dues) to support the union.
If everything is bliss in the school district... the school bosses are not only wise, but kind... there is nothing to argue about either at negotiation time or during the school year.
If there is nothing bargain over or grieve during the year, there is no need for the union... and particularly for the paid staff of the local (or for the region... called a "union service rep").
So........ problems must be found to justify the existence of the union... and the collection of union dues from a sufficient number of the eligible staff.
"A problem" could just be a districtwide issue... like not being paid enough or not having family medical coverage or not having enough release time.
Inevitably, those issues aren't enough. Some school boss(es) must be determined to be mistreating the staff.
The need of union officials to seem busy can drive grievances... official complaints that a school boss is violating the contract. More often, complaints are the basis for bargaining demands during negotiations. Sometimes, in response to inquiries by the school board's negotiator, the union names specific principals and provides examples of their mistreatment of employees. These examples are usually totally false and at best serious misrepresentations of the situation. It's very common for anonymous complaints to be made against an unknown group of school bosses who are accused of violating the contract or just not being reasonable school bosses, according again to examples citing anonymous victims. It's not personal for union officers and leaders. They're just having to "create" a backstory to justify contract demands.
Do school bosses ever actually violate the contract? Of course they do. Usually out of ignorance (of the contract). It takes about two seconds for the superintendent or other designee to advise the school boss of the contract violation once it is pointed out and the situation is corrected. But of course, even when corrected immediately, the situation will be used at the next round of bargaining as an example of bad faith on the part of school bosses within the district.
Often, concerns that were never presented to any of the school bosses during the school year....and which were never shared with the superintendent of schools during the school year... are used as the basis for contract demands.
Unions are not your friends. More to follow.
September 18 Dealing with Unions and Union Leaders- Part OneUnions are not your friends.
You may be friends with a union officer or school union representative... but the union they belong to is not your friend.
Labor relations in Florida are governed by Chapter 447 of Florida Statutes. Particularly by Part Two governing public employees.
First, some basics.
Public sector bargaining and labor relations are very different from private sector bargaining.
In the private sector, unions can strike. Negotiation of a contract is a test of wills between a powerful company and a union that has the right (if the members have the will) to shut down or seriously reduce the profits of the company with a strike. Private sector unions are at an all-time low in terms of membership and power. Whether this is a pendulum that will swing in the other direction some day remains to be seen.
In the public sector, unions cannot strike... because the employees work for the government and the power to set government policy is ultimately held by the people, through their elected representatives. School boards are considered to have legislative authority in certain local matters. The philosophy is that the will of the people in public sector matters is determined by elections, not through hard bargaining or strikes. Of course, some northeastern and midwestern states have a tradition of teacher strikes. These strikes are illegal, and cannot last long without someone doing serious jail time. Florida had a statewide teacher strike in 1968. It didn't go particularly well for the teachers. Public support for these strikes has dimmed somewhat as the private sector union membership (which supported public sector strikes) has wained.
Essentially, teacher unions and other unions representing classified (or school-related or non-instructional) employees bargain in a consultative model. The school board and union must meet and bargain in good faith regarding wages, terms and conditions of employment... not everything under the sun... and either side can declare impasse when it is obvious that no agreement can be reached on remaining topics. Long story short, once impasse has been reached, the school board... meeting as a "legislative body", unilaterally makes a final decision. School board members just have to face the electorate in the next election.
However, once a contract has been approved by the parties or imposed by the board, both sides must abide by the provisions in the contract. And the school board does not make the final decision on whether a school boss has violated a contract provision. That is determined by a "neutral" arbitrator. The arbitrator cannot change the provisions of the contract, but has room to manuever when the provision's intent is not clear. Of course, having lost an arbitration, the school board could impose changes to the contract at the end of the next round of bargaining... but you can imagine the negatives and this seldom occurs. Boards do engage periodically in "retrieval bargaining", meaning they bargain to take away something that was given away previously (it isn't always possible to see the impact of an agreed-upon provision... and it doesn't help when the board side forgets to consult with the school bosses that are actually having to operate schools). It is very important to advise the superintendent when a contract provision is keeping you from doing what is needed with kids. There is an understandable human tendency to agree to union proposals for the sake of expediency and to fail to "retrieve" provisions that are problematic if appropriate noise is not generated by school bosses.
Remember, unions are not your friends. More to follow.
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