Act 10, which Governor Walker designed to kill unions of public sector workers, caused massive protests in early 2011 because of it quashing peoples' rights. And, that is the way Judge Colas saw it in ruling on MTI's challenge to Act 10. Colas ruled that Act 10 violates the Constitutional rights of freedom of speech, freedom of association and equal protection of public sector union members (ruling did not address state employees). Enabled by Colas' decision, MTI petitioned the Madison Metropolitan School District to commence negotiations over a Contract to succeed that which ends June 30, 2013.
Following Judge Colas' order, both the City of Madison and Dane County negotiated new Contracts with their largest union, AFSCME Local 60. MTI, along with hundreds of supporters, pressed the MMSD to follow suit. After 37 hours of bargaining last Monday, Tuesday and Wednesday, negotiators for MTI, SEE- MTI (clerical/technical employees), EA-MTI (educational assistants and nurse assistants), SSA-MTI (security assistants) and USO-MTI (substitute teachers) were successful in reaching terms for a new Contract through June 30, 2014.
The Union achieved the #1 priority expressed by members of MTI's five bargaining units in the recent survey, protecting their Contract rights and benefits, and keeping their Union Contract. The "just cause" standard for any kind of discipline or dismissal is in tact, as is arbitration by a neutral third party of any such action by the District, and of all claims that District administration violated the terms of an MTI Contract. The Union was also successful in preserving salary and wage schedules (except for substitutes), as well as fringe benefits, another priority of members responding to MTI's recent survey.
Solidarity was evident from the outset as, for the first time ever, representatives from all five (5) of MTI's bargaining units worked together to bargain simultaneously. Representatives from the Custodial and Food Service units, represented by AFSCME Local 60, also lent support throughout the negotiations, even as they were rushing to bargain new contracts for their members. And, in a powerful display of solidarity, MTI's Teacher Bargaining Team repeatedly put forth proposals enabling the District to increase health insurance contributions for teachers, if the District would agree NOT to increase contributions from their lower paid brothers and sisters in MTI's EA, SEE and SSA bargaining units. Unfortunately, the District rebuffed the offers, insisting that all employees work under the cloud of uncertainty that employee health insurance contributions may be increased up to 10% of the premium after June 30, 2013.
The District entered the negotiations espousing "principles that put student learning in the forefront, with a respect for the fact that our employees are the people who directly or indirectly impact that learning". MTI heard these concerns and made major accommodations in many contractual areas to address these needs. Areas where MTI accommodated the District's stated need to attract staff who can close the achievement gap: 1) enable the District to place new hires anywhere on the salary schedule; 2) give new hires a signing bonus of any amount; 3) appoint new hires and non-District employees to any coaching or other extra duty position (annual District discretion of continuing extra duty position); 4) current staff to have no right to apply for vacancies occurring after June 15, to enable District to offer employment to outsiders; 5) enable the District to assign new hires to evening/weekend teaching positions; and 6) enable the District to hold two evening parent-teacher conferences per school year.
Yet, other District proposals appeared to have nothing to do with either student achievement or respecting the employees who make that happen. The District insisted on eliminating sick leave benefits for all substitute teachers hired after July 1, 2013. The District insisted on language which would non-renew the contracts of teachers on medical leave for more than two years. And the District's numerous other "take backs", unrelated to either of their stated principles, but just to take advantage of the leverage enabled by the uncertainty of Act 10. These concessions were received bitterly by the thousand who gathered at Wednesday's MTI meeting, hoping for positive signs that the District's messages of respect would be reflected in the settlement.
On the downside was the District's attack on other Contract provisions. In violation of the principles they espoused to Walker's then-proposed Act 10, in February 2011, Board members enabled District management to demand concessions from AFSCME and MTI in exchange for a new Contract. All seven Board members said of Act 10, "The Governor's proposals are a damaging blow to all our public services and dedicated public employees. The legislation's radical and punitive approach to the collective bargaining process seems likely to undermine our productive working relationship with our teachers and damage the work environment, to the ultimate detriment of student achievement."
Interim Superintendent Jane Belmore espoused similar feelings just last month. In referring to Act 10, she wrote District employees "... we still need to determine together how to go forward in the best interest of our employees and our district."
The pledges of Board members and Supt. Belmore were not worth the paper they were written on. Demanding significant changes and deletion of terms which they had agreed - some since the 1960's - the District negotiators were relentless.
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