Mike Antonucci:

Kerry McDonald:

Parents are fed up. As mass schooling becomes more restrictive, more standardized and more far-reaching into a child’s young life, many parents are choosing alternatives. Increasingly, these parents are reclaiming their child’s education and are refocusing learning around children, family, and community in several different ways.

With back-to-school time upon us, more than two million U.S. children will be avoiding the school bus altogether in favor of homeschooling, an educational choice that has accelerated in recent years among both liberal and conservative families. While homeschooling for religious freedom remains an important driver for many families, 2012 data from the National Center for Education Statistics (NCES) reveal that a main reason for homeschooling is “concern about the environment of other schools.”

Beyond homeschooling, an additional two million children will be educated this fall in charter schools. According to recent U.S. Department of Education data, the number of students currently enrolled in charter schools increased from 0.9 million in 2004 to 2.7 million in 2014, while the number of children enrolled in traditional public schools declined by 0.4 million during that same period. Taxpayer-funded but administered by predominantly private educational organizations, charter schools allow parents flexibility in choosing a school that is better aligned with their expectations and their child’s needs. Charter schools are often exempt from district policies and collective bargaining agreements that can halt innovation and experimentation, allowing them more instructional and organizational freedom. Demand for charter schools often outweighs current supply, with statewide charter caps, admissions lotteries, and long waiting lists leaving many parents discouraged and angry.

Katherine Gregg

Gov. Gina Raimondo’s veto of a bill to extend expired municipal and teacher contracts indefinitely has sparked an override campaign by teachers unions, ending whatever temporary peace she may have forged with them.

“I think that the classified ad is out: ‘Real Democrat wanted for governor of Rhode Island,”’ Robert Walsh, executive director of the National Education Association Rhode Island, said Thursday.

Alleging that Raimondo told him face-to-face, in a private meeting, that she intended to veto the contract-extension bill because her “donors don’t like it,” Walsh said his union feels obligated to actively recruit a candidate to run against Raimondo in a 2018 Democratic gubernatorial primary.

Walsh named several up-and-coming Democrats, suggesting they may have awakened on Thursday morning to the realization they don’t have to wait until 2022 for their next big political move.

“I think there are 10,000 scenarios out there where people of ambition are now looking at timing and saying this may be their time, and I don’t think that was the case three months ago,” he said.

Raimondo’s spokesman David Ortiz responded: “This isn’t a partisan issue.”

“The governor deeply respects the important role that organized labor plays in our shared efforts to grow the economy and provide opportunity for every Rhode Islander and she firmly supports collective bargaining,” he said.

But “the governor is most urgently concerned with protecting Rhode Island’s taxpayers. Mayors, town managers and school leaders from every corner of Rhode Island — most of them Democrats — urged the governor to veto this legislation.”

Madison Teachers, Inc::

As we prepare for the start of this summer’s Employee Handbook review discussions which will lead into the 2017-18 school year, we are sharing with you:

Our MTI Summary of Results from 2016-17. Last year was a significant one for MTI as we transitioned from Collective Bargaining Agreements to an Employee Handbook, and from payroll deduction of dues to direct payment of dues. Our successes this past year would not have been possible without a committed and engaged membership who supports the work of their union. Please take a few moments to review this summary. We think that you’ll agree that we have collectively made some significant progress.

Our 2017 MTI Employee Handbook Survey. Each summer, the MMSD and MTI get together to review the Employee Handbook and discuss potential revisions. This summer we will discuss potential changes which will take effect for the 2018-19 school year. Agreed upon revisions are then forwarded to the Board of Education for action. This link provides a summary of those items we plan to discuss and offers you the opportunity to provide your input on other issues that you would like us to address. Please review this summary and provide any feedback you would like us to consider by July 28, 2017.

Thank you for all you do for Madison’s students, and thank you for your continued support of MTI.

much more on Madison Teachers, Inc.

Mike Antonucci:

Last week, attorneys for the plaintiff in Janus v. AFSCME filed for review in the U.S. Supreme Court. If the court accepts the case and rules in favor of Janus, it would end the practice of public-sector unions charging agency fees to non-members for costs associated with collective bargaining and other operations.

The media and analysts have focused on the potential effect of an adverse ruling on union membership and finances. Given the choice, as has happened in some states, a significant number of public employees opt out of membership. But there is also the possibility that once freed from financially supporting their old union, public employees will join — and financially support — a different union or professional organization.

Truth in public education:

Teachers unions loudly insist that collective bargaining agreements are necessary to ensure that teachers receive fair wages and benefits for the important work they do educating children. However, they fail to mention that many unions use those legally-binding contracts to compel school districts to underwrite the salaries and benefits of their own employees — i.e., tax dollars meant for the classroom are instead being used to pay full-time union officials.

For obvious reasons, school districts and teachers unions don’t advertise these arrangements, but there are efforts underway in several states to end the practice. Below are three recent examples…

Syracuse, New York

Syracuse resident Michael Hunter filed a lawsuit last month over a clause in the Syracuse Teachers Association’s current contract that requires the school district to pay the salary of the union president. Hunter and his lawyers estimate the arrangement has cost the Syracuse City School District approximately $1.1 million over the past nine years.

Paul E. Peterson and Samuel Barrows:

The Supreme Court, in Friedrichs v. California Teachers Association (CTA), is now considering whether all teachers should be required to pay union-determined “agency fees” for collective bargaining services, whether or not the teacher wants them. When making their case, unions would have the public believe that school teachers stand solidly behind them. When it comes to school choice, for example, CTA insists that “Teachers do not support school voucher programs, because they hurt students and schools by draining scarce resources away from public education.” But facts on the ground tell a different story.

A fifth of all school teachers with school-age children has placed a child in a private school, and nearly three out of ten have used one or more of the main alternatives to the traditional public school— private school, charter school, and homeschooling. What is more, the teachers who exercise choice are more likely to support school choice for others, avoid union membership, and oppose agency fees.

We discovered this when we asked, as part of a nationally representative survey of the general public and of school teachers, whether those with school age children have sent them to public, private, or charter schools, or homeschooled them. The survey was conducted in June 2015 by Knowledge Networks under the auspices of Education Next, a journal for which one of us serves as editor. Altogether, we surveyed approximately 4,000 adults, including 851 parents of school-age children, 206 of whom were school teachers. Polling details and overall results are available online at educationnext.org.

As Stanford University economic researcher Barbara Biasi explains in a new study (which is awaiting peer review), Act 10 created a marketplace for teachers in which public-school districts can compete for better employees. For instance, a district can pay more to recruit and retain “high-value added” teachers—that is, those who most improve student learning. Districts can also cap salaries of low-performing teachers, which might encourage them to quit or leave for other districts.

The 2011 Wisconsin law, known as Act 10, limited collective bargaining to base wages while letting school districts negotiate pay with individual teachers based on criteria other than years on the job and education level. Some districts like Green Bay have used the law to reward teacher performance while others such as Racine have adhered to seniority-based salary schedules.

Prior research on Washington, D.C.’s teacher-tenure reforms and merit pay has found that financial incentives improved the performance of highly rated teachers while dismissal threats led to attrition among ineffective ones. Student achievement has risen as a result. Act 10 provides an opportunity to evaluate how changes in contract negotiations affect teaching quality.

As Stanford University economic researcher Barbara Biasi explains in a new study (which is awaiting peer review), Act 10 created a marketplace for teachers in which public-school districts can compete for better employees. For instance, a district can pay more to recruit and retain “high-value added” teachers—that is, those who most improve student learning. Districts can also cap salaries of low-performing teachers, which might encourage them to quit or leave for other districts.

Ms. Biasi analyzed how the demand for and supply of teachers changed across districts with individual-salary negotiations from those that kept uniform pay schedules. She found that the share of teachers moving from salary-schedule to individual-salary districts, and vice versa, roughly doubled between 2012 and 2014 from the five years prior to the law’s enactment.

She also found changes in salary structure. For instance, salaries in Green Bay increased about 13% for teachers with five to six years of experience but a mere 4% for those who had worked 29 or 30 years. Salaries among teachers with the same seniority also diverged more. In Racine the opposite occurred. Green Bay was able to pay better teachers more without regard to the lock-step pay scales traditionally dictated by unions.

Ms. Biasi found that better teachers gravitate to districts where they can negotiate their own pay while lousy teachers tend to migrate toward those where salary scales are regimented. The study found “a 34 percent increase in the quality of teachers moving from salary schedule to individual-salary districts, and a 17 percent decrease in the quality of teachers exiting individual-salary districts.”

“These sorting patterns,” Ms. Biasi concludes, “lead to a small increase in average quality of the teaching workforce in individual-salary districts.” Student math achievement rose significantly in individual-salary districts relative to salary-schedule districts due in part to improvements in the teacher workforce.

Much more on ACT 10, here.

Oconomowoc raised teacher salaries and increased high school teaching time.

Larry Sand

As the ugliest presidential campaign in almost a century comes to a merciful end, we get a glimpse into the inner workings of the biggest union in the country: the National Education Association.

Courtesy of WikiLeaks, we have learned that manipulation by NEA bosses helped to ensure that Hillary Clinton would be the union’s choice for Democratic presidential nominee.

On June 13, 2015, four days after Clinton announced her candidacy, her director of labor outreach Nikki Budzinski sent a memo to other campaign officials that discussed possible strategies for the upcoming NEA Representative Assembly, scheduled for the following month in Orlando.

Budzinski’s apprehensions were understandable. NEA had not taken any formal steps to find out who its rank-and-file actually preferred for the Democratic nomination, but it’s no secret that many in the union favored Sanders, citing the socialist’s “opposition to charter schools, support for collective bargaining rights and free tuition at public higher education institutions.”

Then on June 19th, Budzinski warned colleagues of an impending endorsement of Sanders by NEA’s Vermont affiliate. “NEA is concerned their VT affiliate could do a Tuesday (next week) recommendation of endorsement (with potential press release). This is not confirmed. The bigger concern is that RI and MA might go with VT as well.” While Budzinski went on to say that these states’ endorsement was not a “serious concern” for the Clinton endorsement, she felt it to be an “optics problem” and began to work behind the scenes with Carrie Pugh, NEA’s political director.

It is unfortunate two recent articles on the upcoming Madison School District tax & spending increase referendum lack data, such as:

• Total Spending for the current budget ($449,482,373.22 more) – about $18,000/student. Chicago spends about $14,336/student, Boston $20,707 and Long Beach $12,671/student.
• Historic Spending Changes (spending increases every year)
• Academic Outcomes vs. Spending
• Comparison with other Districts
• Middleton property taxes are about 13% less than a comparable Madison home.

Doug Erickson:

To offset cuts in state aid and the tightening revenue caps, Act 10 eliminated collective bargaining over benefits. State employees and other public workers without an existing contract were required to start contributing to their pensions. Once a district’s collectively bargained contract expired, the district also could do things such as switch insurance providers, increase employee benefit contributions, and change work rules — all without needing union approval.

“It took the handcuffs off school boards,” Nygren said.

In Madison, Act 10 ushered in significant changes. Faced with the state-imposed cuts but before Act 10 took effect, employee unions agreed during contract negotiations to major concessions in 2011-12. That included a salary freeze (saving $4 million) and a requirement that employees begin contributing 5.8 percent of their salary toward their state pensions (saving $11 million).

The union also agreed to drop Wisconsin Physicians Service as an insurance provider in 2012, a $5 million savings. WPS was the most costly plan the district offered, and employees who had opted for it had been paying a portion of their monthly premiums.

Union members also had agreed back then to begin paying a percentage of the premiums for the three other insurance options, although the School Board chose not to go that route at that point. That changed this year. The School Board is, for the first time, now requiring all employees to pay something toward their monthly health insurance premiums.

The percentage varies by employee group, with teachers paying 3 percent (6 percent if they don’t participate in the district’s wellness program). This followed the expiration of the district’s final union contract over the summer.

Doug Keillor, executive director of Madison Teachers Inc., the district’s teachers union, said Act 10 alienated public employees and took a “wrecking ball” to public schools.

“The district could keep cutting pay and could keep increasing health insurance contributions, so from that standpoint, the district has not transferred as much of the costs onto the backs of employees as they could,” he said. “But you have to first back up and say, ‘How do you build a quality public school district?’ A district needs to attract people into this profession and keep them. The Legislature didn’t give school boards the tools to do that.”

Sen. Leah Vukmir, R-Brookfield, a member of the Senate Education Committee, argues that most of the discussions about public school funding are wrongly framed from a perspective that more money automatically means higher student achievement.

“Our reforms are working,” she said. “We’ve given the school districts through Act 10 the tools to do more with the resources they have. Those districts that have embraced that are doing really well.”

Amber Walker:

Public education advocates are organizing in support of the upcoming K-12 operational referendum for the Madison Metropolitan School District, which is necessary to maintain a quality education for local students, they say.

On Nov. 8, the district is asking voters to permanently raise its revenue limit authority by $26 million.

The district proposes that this change happens incrementally over the next four school years. MMSD seeks an additional $5 million per year for the 2017-2018 and 2018-2019 school years and an additional $8 million per year for the 2019-2020 and 2020-2021 school years.

Commentary on redistributed state tax collections and spending.

Madison School District 2016 tax & spending increase referendum content. Channel 3000.

I’ve not seen total Madison School District spending data, much less history, amongst the referendum content.

Milwaukee Journal-Sentinel

The report by Dave Umhoefer and Sarah Hauer was the result of a study of the five-year impact of Act 10 during a nine-month O’Brien Fellowship in Public Service Journalism through the Diederich College of Communication at Marquette University.

Among the report’s findings:

Teachers are moving from district to district, creating a year-round cycle of vacancies and turnover as fewer people enter the profession.

An “arms race” for teachers is rewarding the most sought-after educators with five-figure signing bonuses and giving better-paying districts an edge in luring away top talent. Taxpayers win because of a state cap on school spending but that cap has undermined some districts’ ability to fend off the poaching of their teachers.

Underachievers are being rooted out and districts are slowly but steadily linking pay to performance and prizing skill over seniority.

By eliminating the most important elements of collective bargaining, Act 10 gutted unions, which have lost strength and membership and left many veteran teachers demoralized over past influence and compensation.

Not all its effects are bad, and the impact of Act 10 on educational quality statewide may be negligible so far.

Sara Matthiesen

he National Labor Relations Board delivered a win for labor this month, ruling that graduate students at private colleges are also employees. The action overturned a 2004 decision involving Brown University that until now allowed administrations to insist that collective bargaining would imperil students’ academic pursuits. A number of media outlets have helped circulate a particularly damning quote that describes the Brown decision as having “deprived an entire category of workers of the protections of the Act, without a convincing justification.” If you haven’t read the decision in full, you should. The quote is just one of many statements that will resonate with any academic who sees herself as a worker.

But one sentence in particular is especially relevant to the coming inevitable struggles between precarious academic laborers and administrators. “Labor disputes,” the board notes simply, “are a fact of economic life.” Such an unequivocal statement about the academy as a place of labor is a surprising and rare admission; far more common are descriptors of academic work as a “labor of love,” “an intellectual pursuit,” and “a life of the mind.” Unlike many academics, the NLRB decision refuses to romanticize academe. This romanticization of academic labor is one of the most effective ways to obscure its actual costs. In contrast, the NLRB posits the equivalent of: “Hello! Would you please treat the academy as just another realm of economic life?!” This is exactly what we should do.

Let’s start with the subject of the NLRB decision: graduate student workers at private colleges. What would it mean to treat graduate students’ working conditions as “facts of economic life”? For starters, it would mean calling graduate students’ “stipends” what they actually are — paychecks. It would mean attaching actual terms to these paychecks, so that if graduate students work more hours in the lab or teach beyond their class load, they are compensated for their additional labor. It would mean approaching things like health insurance, dental care, and family leave as benefits that should be available to all employees rather than as benevolent gifts that the administration can give or take away depending on the political climate.

Paul Hill:

On the surface, the current dispute about Title I comparability (the requirement that schools within a district must receive comparable resources from state and local sources for education of disadvantaged children before federal funds are added on) is all about money. On one side, Secretary of Education John King is pressing for regulations that would require districts to demonstrate real-dollar equality of state and local spending. On the other, Senate Education Committee Chair Lamar Alexander is insisting that the new Every Student Succeeds Act (ESSA) does not allow such a sharp definition of comparability, leaving states and localities free to interpret the comparability principle in various ways.

But the underlying issues go much deeper. They are about whether schools serving the most disadvantaged children will get a fair chance to improve, or will always be at a disadvantage in attracting and retaining good teachers and principals. Here’s why:

Driven by their collective bargaining agreements, the vast majority of big school districts ignore between-school differences in teacher salaries. This is so senior teachers can choose the schools they believe are the best workplaces—most often schools in nicer neighborhoods with students from higher-income families—while newer teachers with no seniority rights and fewer choices tend to work in more disadvantaged schools serving poorer students.

Barry Edlin:

Things are looking up for student worker unionism. For decades, the legions of graduate and undergraduate teaching and research assistants whose labor is critical to the daily functioning of universities have fought to establish a basic claim: the work they do is, in fact, work — it’s not just part of their education.

Now, it appears likely that the National Labor Relations Board (NLRB) will rule later this year that these workers are in fact workers, and therefore entitled to union protections.

The decision would overturn the board’s 2004 Brown decision, which declared that student workers at private universities were students, not workers, and therefore ineligible to unionize. (Student workers at public universities in several states have had collective bargaining rights for decades, while other states prohibit any public sector workers from unionizing.)

This would be a long-overdue step forward for workers’ rights in academia. As university administrations model themselves more and more on corporations, and universities rely more and more on contingent labor, unions have become critically important for those in their employ.

Solidarity Newsletter, via a kind Jeanie Kamholtz email (PDF):

On March 7, MTI Executive Director Doug Keillor and MTI Office Manager Yvonne Knoche presented the recommended 2016-17 MTI Budget to MTI’s Finance Committee. The Committee unanimously approved the recommendation. In acknowledgment of the financial uncertainties ahead, the Budget recommends a 20% reduction in MTI expenditures for the 2016-17 school year, achieved primarily via staff salary and benefit savings. The Budget also recommends no dues increases, and the compression of teacher unit dues from twenty (20) levels to only four (4).

Pursuant to MTI Bylaws, the Budget will next be presented at the March 15 MTI Faculty Representative Council meeting. The meeting will commence at 4:15 p.m., at the Madison Labor Temple (Room 201B). All MTI members, from all bargaining units, are welcome to attend. In addition to an explanation of the Budget, we will also discuss the upcoming MTI membership campaign, as we transition from payroll deduction of Union dues to “direct dues” payment via electronic funds transfer.

Following the presentation at the Faculty Representative Council meeting, the Bylaws require that the Budget next be presented for approval at a meeting of MTI’s Joint Fiscal Group (JFG). The JFG is comprised of representatives of all five MTI bargaining units. That meeting will take place at the April 19 Faculty Representative Council meeting.

7 March 2016 Issue (PDF):

When the Collective Bargaining Agreements expire on June 30, 2016, additional Act 10 prohibitions will apply to MTI, including the elimination of fair-share payments and the prohibition of payroll deduction for Union dues. To prepare for these changes, MTI will be engaging in a membership campaign this spring to transition from “payroll deduction” of Union dues to “direct dues” payment (i.e., payment via electronic funds transfer/automatic bank draft).

MTI has contracted with a vendor to develop a “direct-dues” platform (webpage) that will allow Union members to simply log-on to a website and enter their checking/savings account information to have their monthly union dues deducted automatically from their account (rather than deducted from their paycheck). MTI is also working on establishing the MTI budget for 2016- 17, including the dues amounts. After the draft budget is approved by the MTI Finance Committee, an overview of the budget will be shared at the March 15 MTI Faculty Representative Council meeting. MTI members from all units are welcome to attend this meeting to learn more about the budget and the membership campaign.

Once the “direct-dues” platform is operational and the MTI budget is established we will commence a membership campaign to convert MTI members from payroll deduction to direct dues payments. Those who complete this process and continue their membership will continue to benefit from MTI representation and assistance. Those who elect to discontinue their membership will no longer receive MTI representation or assistance.

29 February 2016 Issue (PDF).

Mike Antonucci:

I don’t know what went through the mind of Friedrichs attorney Michael A. Carvin upon hearing this, but he responded in the only sensible way.

“No,” he said.

Justice Sotomayor then read from the respondents’ brief of the California Attorney General, which cited the Perry case.

“When recognized as the exclusive bargaining representative, a union assumes an official position in the operational structure of a school.” So it seems to me that ­­– and California tells the union what topics it can negotiate on, it requires them to do training, and in the end it accepts their recommendations with respect to the issues of employment at its own will, meaning the State is creating the union as part of the employment training and other responsibilities.

The discussion then veered off into the weeds of whether the teachers’ union is a creation of the State, which I’m sure must have puzzled the union members and officers in the audience. Justice Sotomayor eventually returned to the debate. She asked Garvin whether, without the benefit of agency fees, the union could claim it could not financially fulfill the duties of exclusive representative and ask the school district to pay those expenses.

Garvin then asked if she meant could the government subsidize the union’s collective bargaining efforts. “Mm­-hmm,” she replied.

Josh Eidelson:

A Supreme Court decision coming by the end of June could be devastating for organized labor. The case, Friedrichs v. California Teachers Association (CTA), challenges a 1977 ruling allowing public-sector unions to charge nonmembers covered by union contracts mandatory fees to pay for the costs of collective bargaining. The lead plaintiff, Rebecca Friedrichs, is an elementary school teacher. She claims that being forced to pay money to California’s politically powerful and overwhelmingly Democratic teachers’ union as a condition of her employment violates her First Amendment rights.

Related: an emphasis on adult employment.

Doug Erickson:

Of the 2,838 Madison School District teachers eligible to vote, 86 percent cast a ballot to recertify the Madison Teachers Inc. union, according to the Wisconsin Employment Relations Commission, the state agency responsible for administering collective bargaining laws. The 20-day voting period ended at noon Tuesday.

Much more on Madison Teachers, Inc. and Act 10, here.

Steve Malanga:

It has been a difficult five years for government-employee unions, and the Supreme Court appears poised to strike another blow. During the current term, the justices will hear Friedrichs v. California Teachers Association, a case challenging rules in 23 states—including California, Illinois and New York—that force government workers to pay hefty “agency fees” to unions that they have no interest in joining.

Labor activists call these “fair share fees,” on the theory that nonunion workers, even if they don’t pay full dues, still benefit from collective bargaining—for example, from a wage increase negotiated by union representatives. In a brief filed last week with the Supreme Court, the California Teachers Association argued that such fees are vital “to avoid labor strife, to secure economic stability, to insure the efficiency and continuity of state and local governments.”

Madison Teachers, Inc. Newsletter, via a kind Jeanie Kamholtz email (PDF):

The present condition of politics in education is gloomy. School workers report high levels of stress, health problems, and thoughts of abandoning their career. Numerous teachers in Wisconsin already have, and it’s caused a teacher shortage nationwide. Many pinpoint the source – a lack of respect for the professional by far-right legislators and governors, and that has become the new normal. However, a ray of hope broke its way through the malaise, with the announcement this fall of what has been accomplished with the Madison Metropolitan School District Employee Handbook. It is evidence of what the Right couldn’t take. While Act 10 destroyed a 50 year history of collective bargaining for Wisconsin’s public employees, save police and firefighters, it couldn’t take away the voice or the spirit of MTI’s collaborative ability. There is still power in Union.

The Employee Handbook was a result of the Union and District management working together to map out a path for the future of our students, our schools, and workers. One of the most powerful aspects of this Handbook is that it continues a grievance procedure which provides for a mutually-selected independent hearing examiner.

Also, within the Handbook is a process for its modification. Any modification will be the result of a joint employer/employee committee coming together to make a recommendation to the Board of Education. This follows a procedure similar to the process used to create the original Handbook. It honors collaboration and emphasizes the importance of workers’ voices in the workplace.

Madison Teachers, Inc. Newsletter, via a kind Jeanie Kamholtz email (PDF):

The terms and conditions of the 2015-16 MTI/MMSD Collective Bargaining Agreement relative to Parent-Teacher Conferences provides the following:

“All teachers are required to attend up to two (2) evenings for parent teacher conferences per contract year as directed by the teacher’s building administrator. Teachers participating in evening parent‐teacher conferences will be provided a compensatory day off as designated on the School Calendar in Section V‐L. In recognition of 4K, non‐ SAGE 2nd grade, non‐SAGE 3rd grade, 4th grade and 5th grade teachers having more parent‐teacher conferences due to increased class size, such teachers shall be released from the early release SIP‐aligned activities Monday during the months of November and March. At the elementary level conferences will be held in lieu of the report cards for the reporting periods in which they are held.”

Mike Antonucci:

Now a case awaits hearing by the U.S. Supreme Court that could dramatically change this picture. The Far Left periodical In These Times calls Friedrichs v. California Teachers Association the case “that could decimate American public sector unionism.” Perhaps that’s simply an ideological overstatement. Nonetheless, the case, if decided for the plaintiffs, could end the practice of “agency” fees—money paid to the union by nonmembers in exchange for collective bargaining services. Unions call them “fair-share” fees and assert that their elimination would create a class of free riders, workers who would pay nothing while still enjoying the higher salaries and other benefits negotiated by unions.

The stakes for teachers unions are high, as a 2011 Wisconsin law illustrates. Wisconsin Act 10, known as the Wisconsin Budget Repair Bill, eliminated agency fees there and reshaped the collective bargaining process. Since the law’s passage, membership in the Wisconsin Education Association Council and the American Federation of Teachers-Wisconsin has fallen by more than 50 percent, according to a 2015 report from the National Education Association (NEA). In 2014, NEA membership in agency fee states grew by 5,300. In states without agency fees, it fell by more than 47,000.

Accordingly, at a conference of the California Teachers Association (CTA), the union briefed its activists on the potential consequences should the unions lose in Friedrichs, citing loss of revenue; fewer resources; decline in membership; reduced staffing; increased pressure on the CTA pension and benefit system; and potential financial crises for some locals.

Related: Act 10 and Madison’s Schwerpunkt.

Wisconsin’s stürm and drang over “Act 10” is somewhat manifested in Madison. Madison’s government schools are the only Wisconsin District, via extensive litigation, to still have a collective bargaining agreement with a teacher union, in this case, Madison Teachers, Inc.

The Madison School Board and Administration are working with the local teachers union on a new “Handbook”. The handbook will replace the collective bargaining agreement. Maneuvering over the terms of this very large document illuminates posturing and power structure(s) in our local government schools.

Madison Superintendent Jennifer Cheatham wrote recently (September 17, 2015 PDF):

The Oversight group was able to come to agreement on all of the handbook language with the exception of one item, job transfer in the support units. Pursuant to the handbook development process, this item was presented to me for review and recommendation to the Board. My preliminary recommendation is as follows:

Job Transfer for all support units
(See Pages 151, 181, 197, 240, 261)

Superintendent Recommendation
That the language in the Handbook with regard to transfer state as follows: Vacancies shall first be filled by employees in surplus. The District has the right to determine and select the most qualified applicant for any position. The term applicant refers to both internal and external candidates for the position.

The District retains the right to determine the job qualifications needed for any vacant position. Minimum qualifications shall be established by the District and equally applied to all persons.

Rationale/Employee Concern

Rationale:
It is essential that the District has the ability to hire the most qualified candidate for any vacant position—whether an internal candidate or an external candidate. This language is currently used for transfers in the teacher unit. Thus, it creates consistency across employee groups.
By providing the District with the flexibility of considering both internal and external candidates simultaneously the District can ensure that it is hiring the most qualified individual for any vacant position. It also gives the District opportunities to diversify the workforce by expanding the pool of applicants under consideration. This change would come with a commitment to provide stronger development opportunities for internal candidates who seek pathways to promotion.

Employee Concern:
The existing promotional system already grants a high degree of latitude in selecting candidates, including hiring from the outside where there are not qualified or interested internal applicants. It also helps to develop a cadre of dedicated, career-focused employees.

September 24, 2015 Memo to the Madison government schools board of education from Superintendent Jennifer Cheatham:

To: Board of Education
From: Jennifer Cheatham, Superintendent of Schools
RE: Update to Handbook following Operations Work Group

The Operations Work Group met on Monday September 21, 2015. Members of the Oversight Group for development of the Employee Handbook presented the draft Employee Handbook to the Board. There was one item on which the Oversight Group was unable to reach agreement, the hiring process for the support units. Pursuant to the handbook development process, this item was presented to me for review and recommendation to the Board. There was discussion around this item during the meeting and, the Board requested that members of the Oversight Group meet again in an attempt to reach consensus.

Per the Board’s direction, District and employee representatives on the Oversight Group came together to work on coming to consensus on the one remaining item in the Handbook. The group had a productive dialog and concluded that with more time, the group would be able to work together to resolve this issue. Given that the Handbook does not go into effect until July1, 2016, the group agreed to leave the issue regarding the hiring process for the support units unresolved at this point and to include in the Handbook the phrase “To Be Determined” in the applicable sections. As such, there is no longer an open item. When you vote on the Handbook on Monday, the section on the “Selection Process” in the various addenda for the applicable support units will state “To Be Determined” with an agreement on the part of the Oversight Group to continue to meet and develop final language that the Board will approve before the Handbook takes effect in the 2016-17 school year.

Current Collective Bargaining Agreement (160 page PDF) Wordcloud:

Proposed Employee Handbook (304 Page PDF – 9.21.2015 slide presentation) Wordcloud:

Background:

1. The Wisconsin Institute for Law and Liberty has filed suit to vacate the Madison government schools collective bargaining agreement with Madison Teachers, Inc.

2. Attorney Lester Pines has spent considerable time litigating Act 10 on behalf of Madison Teachers, Inc. – with some success.

3. The collective bargaining agreement has been used to prevent the development of non-Madison Government school models, such as independent charter, virtual and voucher organizations. This one size fits all approach was manifested by the rejection [Kaleem Caire letter] of the proposed Madison Preparatory Academy IB charter school.

4. Yet, Madison has long tolerated disastrous reading results, despite spending more than $15,000 per student annually. See also “What’s different, this time?”

5. Comparing Madison, Long Beach and Boston government school teacher union contracts. Current Superintendent Jennifer Cheatham has cited Boston and Long Beach government schools as Districts that have narrowed the achievement gap. Both government districts offer a variety of school governance models, which is quite different than Madison’s long-time “one size fits all approach”.

6. Nearby Oconomowoc is paying fewer teachers more.

7. Minneapolis teacher union approved to authorize charter schools.

8. Madison Teachers, Inc. commentary on the proposed handbook (Notes and links). Wordcloud:

9. A rather astonishing quote:

“The notion that parents inherently know what school is best for their kids is an example of conservative magical thinking.”; “For whatever reason, parents as a group tend to undervalue the benefits of diversity in the public schools….”

– Madison School Board member Ed Hughes.

10. 1,570,000 for four senators – WEAC.

11. Then Ripon Superintendent Richard Zimman’s 2009 speech to the Madison Rotary Club:

“Beware of legacy practices (most of what we do every day is the maintenance of the status quo), @12:40 minutes into the talk – the very public institutions intended for student learning has become focused instead on adult employment. I say that as an employee. Adult practices and attitudes have become embedded in organizational culture governed by strict regulations and union contracts that dictate most of what occurs inside schools today. Any impetus to change direction or structure is met with swift and stiff resistance. It’s as if we are stuck in a time warp keeping a 19th century school model on life support in an attempt to meet 21st century demands.” Zimman went on to discuss the Wisconsin DPI’s vigorous enforcement of teacher licensing practices and provided some unfortunate math & science teacher examples (including the “impossibility” of meeting the demand for such teachers (about 14 minutes)). He further cited exploding teacher salary, benefit and retiree costs eating instructional dollars (“Similar to GM”; “worry” about the children given this situation).

Schwerpunkt via wikipedia.

Madison Teachers, Inc.

The Joint MTI/MMSD Safety Committee is charged with evaluating the “implementation of and compliance with the District’s Behavior Education Plan(s) (BEP)” and periodically reporting to the Superintendent and MTI Board of Directors. Over the course of the 2014-15 school year, the Committee met multiple times and designed, conducted and analyzed a Survey of all school-based District staff. 1,589 employees (42% of District employees) completed the Survey, and over 600 took the time to add personal comments. A summary of the Survey findings, as well as policy recommendations (not comments), are included in the Joint Committee’s Report which can be reviewed on MTI’s website (www.madisonteachers.org).
In summary, the Report highlights significant challenges with the BEP.

While a majority of respondents (78%) understand the approach to behavior set forth in the BEP, only 18% agreed that the practices aligned with it have had a positive impact on student behavior. These results are even more pronounced among teachers at the secondary level where only 10% of middle school teachers and 9% of high school teachers agree that it has had a positive impact on student behavior. Also of major concern is that only 17% of respondents agreed that “when a student is returned to class following a behavior incident, he or she is ready to re-engage in learning”. Only 40% of respondents agreed that their school has a clear behavior support system when a student is struggling. The Survey findings reinforce employee concerns that there is insufficient staffing to support students with significant behavioral needs, and there is insufficient behavioral consequences, and insufficient training to ensure that ALL staff provide a consistent and coherent application of the BEP. Survey results also indicate that District staff believe safety in school and student behavior is at a critical stage.

Madison Teachers, Inc.

It’s that time of year when Administrators send emails, memos and letters outlining “required” trainings, professional development, and other meetings during the summer months. Often, staff are encouraged to attend meetings and trainings wherein administrators use language that does not clearly indicate that any attendance during the summer or the voluntary days for returning staff is entirely voluntary.

Addendum G of the Collective Bargaining Agreement is clear and provides that attendance at any District offered staff development opportunities during the summer recess be compensated, either with Professional Advancement Credit (PAC), extended employment salary, or payment for graduate credits (if such is offered). Addendum G also requires that such communications “clearly convey the fact that teachers will not be penalized or suffer harm for choosing not to volunteer .”

Anyone with concerns about a memo or notice from administration that seems to indicate your attendance is compulsory on a non-contract or voluntary day should contact Jeff Knight (knightj@madisonteachers.org) at MTI. MTI does not discourage voluntary participation; however, it is out of respect for MTI-represented individuals that the Collective Bargaining Agreement is clear and direct regarding one’s participation or lack thereof.
For the 20

Madison Teachers, Inc.

MTI’s Election Committee has tallied the ballots cast in last week’s MTI teacher bargaining unit general election and has certified the election of MTI officers: Andrew Waity (Crestwood) as President Elect; and the re-election of incumbents Art Camosy (Memorial) as Vice-President; Greg Vallee (Thoreau) as Treasurer; and Elizabeth Donnelly (Elvehjem) as Secretary. Officers will be installed at the May 19 meeting of the MTI Faculty Representative Council. The MTI Board of Directors consists of ten members – six officers who are elected by the general membership and four at-large representatives elected by the MTI Faculty Representative Council.

Elected to the MTI Bargaining Committee are: High School Representative – Larry Iles (West); Middle School Representative – incumbent Michael Hay-Chapman (Spring Harbor); Elementary School Representative – incumbent Emily Pease-Clem (Schenk); At-Large Representative – incumbent Susan Covarrubias (Stephens); and Educational Services Representative-High School – Karyn Chacon (East). The MTI Bargaining Committee consists of 15 members. One from each of the referenced areas is elected each year.

Madison Teachers, Inc., via a kind Jeanie Kamholtz email (PDF):

Work continues on the creation of an Employee Handbook to take effect once the Collective Bargaining Agreements expire in June, 2016. MTI-represented employees continue to be covered by Collective Bargaining Agreements through June 30, 2016. The Board of Education has approved a process for the development of the Employee Handbook which includes a joint Oversight Group composed of five (5) appointees by MTI, two (2) by AFSCME, one (1) by the Building Trades Council, three (3) building principals and up to five (5) other administrators. It was agreed in negotiations for the 2015-16 Contracts that the Collective Bargaining Agreements will serve as the foundation of the Handbook.

Notes and charts from the Districts’ most recent 2015-2016 budget document (5MB PDF):

Our 25,364 students are served by 4,076 Teachers & Staff (6.22 students per District employee).

Salaries and Wages
For 2015-16, MMSD has collective bargaining agreements in place with its represented employee groups, including teachers, aides, clerical, and custodial staff. The teachers’ collective bargaining agreement is based on a traditional salary schedule, including compensation components for additional years of service (step movement) and additional professional development (lane movement). In addition,

the Board approved an increase of 0.25% per cell for all teachers (cell increase). Together, the additional compensation for step movement and cell increases provides an average increase of 1.75% to employees, plus a reserve for lane changes of $400,000, for a combined budgetary impact of $4.5 million on district salaries. This budget proposal includes funding for these wage and salary commitments. MMSD’s other employee groups will experience similar increases in compensation.
Health Insurance

MMSD offers an attractive employee benefits plan to its employees. The district spends over $61 million per year on health insurance premiums, which is approximately 15% of the total district budget. Each year, the risk of rising health care costs creates significant budget uncertainty for the district: each one percent increase in health insurance rates costs MMSD about $610,000. The implementation of the Affordable Care Act brings additional fees and responsibilities for employers, including the requirement to offer affordable and valuable coverage to all employees who work 30 or more hours per week, starting July 1, 2015. Although the exact impact of this requirement is not yet known, MMSD could be required to provide coverage to approximately 120 employees not currently eligible for health insurance benefits.
The district contracts for health insurance with three Madison area HMOs. Group Health Cooperative (GHC) has covers approximately 60% of MMSD employees, while Dean and Unity each cover approximately 20%. Negotiations are continuing for July 1, 2015 rate renewals. The district, in collaboration with employee representatives, are working to minimize the budget impact for 2015-16. An update on the current status of health insurance rate renewals will be presented to the Board in May.

This year, MMSD launched its employee wellness program, which was developed with the input of the employee unions. A team representing a broad spectrum of employees has been selected to design the program activities and support district wellness. In addition, employees are asked to sign up for biometric screenings and health risk assessments, which will provide information that can be used to develop programs that meet the needs of MMSD employees and help curb long-term health care cost increases.

Mitch Henck Comments on Madison’s Spending and Tax Practices:

Deirdre Hargrove-Krieghoff (PDF):

We know that our vision as a District doesn’t come to life without a thriving workforce. That is why we are working hard to provide our employees with the resources and support they need to do their best work. To be successful for all students, we must be a District that attracts, develops and retains the best employees.

The District’s current employee contracts expire June 30, 2016; after one more school year. The District is responsible for developing a handbook that will take the place of those contracts. The MMSD Employee Handbook will be collaboratively developed and reflective of expectations of both employees and the District (as the employer).

Purpose of the Handbook
As a result of Act 10’s restrictions on collective bargaining, school boards have been developing employee handbooks. The purpose of a handbook is to establish the foundation for the relationship between the District and its employees and outline mutual expectations. In general, an employee handbook is a compilation of the policies, procedures, working conditions, and behavioral expectations that guide employee actions in the workplace. A handbook also includes information about employee compensation and benefits, and additional terms and conditions of employment. The primary distinction between a CBA and a handbook is that a CBA mainly sets forth the obligations of the employer but a handbook also outlines obligations of the employee. It is our goal for the employee handbook to be a comprehensive resource/document for staff incorporating not only previous CBA provisions but also Board policies and Human Resources policies governing employment issues and providing links to applicable documents. We are also looking to create uniform language regarding benefits and conditions of employment across employee groups.

Process for Development
Pursuant to the process outlined for the handbook creation, the CBAs are to form the foundation for the development of the handbook. An Oversight Committee comprised of District and employee representatives has been working collaboratively in the initial stages to develop the table of contents for the handbook. The District representatives on the Oversight Group are: Jennifer Cheatham, Deirdre Hargrove-Krieghoff, Lisa Kvistad, Caroline Racine Gilles, Chad Wiese, Tremayne Clardy, Karen Kepler and Heidi Tepp. The employee representatives on the Oversight Group are: Doug Keillor, Mike Lipp, Peg Coyne, Kristopher Schiltz, Erin Proctor, Neil Rainford, Rob Larson and Dave Branson.

Table of Contents (PDF).

Colleen Flaherty:

Full-time faculty members at Ohio public institutions are objecting to proposed legislation with big implications for their right to organize unions. Tucked deep into a 3,090-page budget bill pending before the state’s House Finance Committee is language that would reclassify professors who participate in virtually anything other than teaching and research as supervisors or managers, and therefore exempt from collective bargaining. So serving on a committee, for example, turns a professor into a manager.

The language is nearly identical to another, ultimately failed piece of state-level legislation from four years ago, but faculty members consider the new bill a serious threat — and they’re warning legislators of the possible consequences of its success.

“What would happen if this passes, I think, is that faculty would choose simply not to do service and without that, universities would grind to a halt,” said John McNay, chair of the history department at the University of Cincinnati’s Blue Ash campus and president of the Ohio conference of the American Association of University Professors. “People ought to be aware t

Louis Peck:

There has been a student member of the county school board since the late 1970s, elected by middle and high school students throughout the county and who serves for a year alongside seven adult board members. A 1989 law gave the student member limited voting rights, and the pending legislation would expand those rights to include issues such as capital and operating budgets, collective bargaining, changes in school population boundaries and school closings. At least one other major jurisdiction in the state, Anne Arundel County, now accords similar powers to the student school board member.

Under the bill, the one area in which the student member would continue to be barred from voting involves so-called negative personnel matters, such as disciplinary action against teachers and other school employees.

Solidarity Newsletter, via a kind Jeanie Kamholtz email (PDF):

Plan now to attend one of the MTI ALL-MEMBER meetings scheduled for the week of March 23. Because of the importance of the Employee Handbook, MTI has scheduled meetings, hopefully one convenient to all members, on March 23, 24 and 26.

Governor Walker’s 2011 Act 10 eliminated all public employee collective bargaining agreements (except for police and firefighters) and mandated that terms and conditions of employment be placed in an “employee handbook.” Of 424 Wisconsin school districts, MTI members have the benefit of the only Contracts which run through the 2015-16 school year. It has been agreed that the various current Collective Bargaining Agreements will be the foundation of the handbook. A joint Union/District committee is now in the process of developing the handbook. Union committee members include five MTI appointees; two from AFSCME and one from the Building Trades Council. Three building principals and five other administrators round out the joint committee.

The handbook will replace the Collective Bargaining Agreements when they expire at the end of the 2015-16 school year. Come and learn about the handbook development process, and share your thoughts about what you believe the Union’s priorities should be.

Much more on the “employee handbook“, here.

Madison Teachers, Inc. Solidarity Newsletter (PDF), via a kind Jeanie Kamholtz email:

As a result of a joint MTI-MMSD committee on parent- teacher conferences, several changes were agreed upon. For the first time, teachers participating in evening parent-teacher conferences were provided a compensatory day off, which occurred last November 26. In exchange for the comp day, teachers must have conferences on two (2) evenings. For elementary teachers, the fall conferences occurred on November 19. The spring conference will occur on March 19. Conferences are in lieu of report cards, and staff are not required to do additional record-keeping beyond normal data collection and logging parent attendance at conferences. Conferences are recommended to be 15 minutes.

The joint MTI/MMSD committee agreed that the best use of time is to distribute any forms and information at other times and through other means, so teachers can spend all conference time reviewing student progress. The joint committee also agreed that conferences may occur at other than the scheduled times, if agreed between the parent and teacher.

Pursuant to Section V-M of the MTI/MMSD Collective Bargaining Agreement, in recognition of 4K, non-Sage 2nd grade, non-Sage 3rd grade, 4th grade and 5th grade teachers having more parent-teacher conferences due to increased class size shall be excused from the early release SIP-aligned activities on Mondays during the month of November and March.

Complete language regarding parent-teacher conferences can be found on MTI’s website (www.madisonteachers.org). Teachers who have further questions can call or email Eve Degen (degene@madisonteachers.org) at MTI headquarters.

Mitch Henck:

This is Madison. I learned that phrase when I moved here from Green Bay in 1992.
It means that the elites who drive the politics and the predominate culture are more liberal or “progressive” than backward places out state.

I knew I was in Madison as a reporter when parents and activists were fighting over whether to have “Sarah Has Two Mommies” posters in a grade school library. Concerned parents weakly stated at a public hearing that first-graders were too young to understand sexuality of any kind.

Activists at the public meeting said the children needed to understand tolerance. One conservative parent said: “Why don’t we vote by secret ballot?” An activist said, “No, we want a consensus.”

The Madison School District official who was presiding agreed, and the controversial posters stayed on the library walls. This is Madison.

Now we have the Madison School Board. It has been historically run by the teacher’s union. The same was true after Gov. Scott Walker’s Act 10 was passed, strictly limiting collective bargaining for public employees.

Three weeks before the state Supreme Court would rule on the constitutionality of the law, the union-owned School Board rushed through a teacher’s contract that largely ignored Act 10. Unlike any other school district in the state, the contract made sure Madison teachers were not required to share the cost of their health insurance premiums. Unlike any other school district, Madison collects union dues from teacher paychecks for its leader, John Matthews.

By the way, I would not want him in a dark alley with me.

The problem is the Madison School District has a projected budget shortfall for 2015-2016 of $12 million to $20 million, according to last week’s State Journal. About $6 million could be saved by making aggressive health care costs, including requiring staff to contribute toward insurance premiums, renegotiating contracts with health care providers, and making plan changes. That’s according to Michael Barry, assistant superintendent of business services.

In fact, the district spends about $62 million on employee health care costs, which are expected to grow by 8.5 percent next school year. Shockingly, Madison School Board member Ed Hughes said: “If we’re talking about taking not a scalpel, but a machete to our programs given the cuts we’ll make because we’re the only school district in the state that’s unwilling to ask employees to contribute to their health insurance, I think that would be an impression that we would deservedly receive ridicule for.”

Even board member Mary Burke said: “We would be irresponsible to the community where basically 99 percent of the people pay contributions to health care” if the board made up the savings with cuts to staff and heath care.

So now what? The contract expires in June 2016. Conservative blogger David Blaska sued to force Madison to live under Act 10. A local judge ruled last week Blaska did have standing as a taxpayer to carry out his lawsuit as he is joined by The Wisconsin Institute of Law and Liberty.

Madison teacher’s union leader John Matthews said by making employees contribute to health care premiums, the district is effectively asking them to pay for iPads and administrators. Huh?

Todd Berry of the Wisconsin Taxpayers Alliance told me 90 percent of state cuts to education were covered by savings offered to school districts under Act 10 by changing work rules, by employee contributions to retirement and health insurance premiums, and by altering health plans.

That might fly for the rest of the state, but then again, this is Madison.

Much more on benefits and the Madison School District and Act 10.

A focus on “adult employment“.

David Blaska:

Like the Sun Prairie groundhog, the Madison school district’s teachers contract has come back to bite the taxpayer. The Madison Metropolitan School District is looking at a $20.8 million budget deficit next school year.

Good Madison liberals worried about the state balancing its budget can now look closer to home.

To balance the budget, the district will most certainly have to raise taxes again; last year’s increase was a hefty 5.4%. It will probably cut programs. It may even lay off teachers. To ease the blow, will it ask those teachers to contribute to their excellent health coverage like 99% of the rest of the world?

This is the school district that thumbed its nose at Wisconsin law, the school district that eschewed using the flexibility given it by Wisconsin Act 10, the 2011 collective bargaining reform. Madison is the only district that collects union boss John Matthews’ dues for him, the only district that requires fair share payments, the only district that does not require its employees to contribute toward their very excellent health care insurance. A district that gave teachers longevity raises of 2% and 3% on top of free health insurance.

Much more, here.

Madison Teachers, Inc. Newsletter via a kind Jeanie Kamholtz email (PDF):

JUST CAUSE does not mean “just because.” It establishes standards and procedures that must be met before an employee can be disciplined or discharged. Fortunately for members of MTI’s bargaining units, all have protection under the JUST CAUSE STANDARDS. They were negotiated by MTI to protect union members.

There are seven just cause tests, and an employer must meet all seven in order to sustain the discipline or discharge of an employee. They are: notice; reasonableness of the rule; a thorough and fair investigation; proof; equal treatment; and whether the penalty reasonably meets the alleged offense by the employee.

MTI’s various Contracts enable a review and binding decision by a neutral arbitrator, as to whether such an action by a District administrator/principal is justified. The burden of proof is on the District in such cases.

The provisions of just cause are steps every employer should be obligated to follow. Unfortunately, all administrators do not have a conscience that leads them to follow these principles. However, an MMSD administrator must follow them, because of the rights MTI members have under the Union’s Collective Bargaining Agreements.

Madison Teachers, Inc., via a kind Jeanie Kamholtz email (PDF):

Buoyed by the election which provided Republican majorities in both the Assembly (+27 majority) and the Senate (+5 majority), conservative anti-worker/anti-union legislators have announced that they will introduce Right to Work legislation when the January session begins. Right to Work laws limit collective bargaining, make it easier to outsource jobs and cut wages and benefits. Their plan was to do this in 2012, but legislators were worried that it was too soon after the 2011 protests against Act 10, and would cause public backlash. On average, workers in Right to Work states earn $7,030 a year less, according to the Congressional Research Service (6/20/12), and the rate of workplace deaths is 52.9% higher. Workers in Right to Work states are even more likely to be uninsured (16.8%, compared with 13.1% overall).

Governor Walker’s Act 10 has already done great damage to Wisconsin’s public sector workers and the economy. Act 10 has been described as “Right to Work on Steroids.” But now, the far-right is coming after the 13% of Wisconsin’s private sector workers who have the benefit of union representation. And it is because CEOs and company owners care more about big business and profits than they do about workers who create them. And, middle class families become struggling families. Right to Work will surely shrink the middle class.

Despite its misleading name, such a law does not guarantee anyone a job and it does not protect against unfair firing, i.e. it provides NO “right to work”. Rather, a Right to Work law prohibits employers and employees from negotiating an agreement – also known as a union security clause – that requires all workers who receive the benefits of a collective bargaining agreement to pay their share of the costs of the Union in representing them. A Right to Work law mandates that unions represent every employee, whether or not he or she pays Union dues. In other words, such laws enable workers to pay nothing and still get the benefits of union membership. Imagine if a Madison resident, who sends their children to MMSD schools, but can opt out of paying property taxes to finance the schools.

A Right to Work law compels dues-paying members to subsidize the cost of representation for those who opt not to pay. If a worker who is represented by a union and doesn’t pay dues is fired illegally, the Union must use resources from dues-paying members to defend the non-member even if that requires going through a costly, time-consuming litigation.

Solidarity Newsletter, via a kind Jeanie Kamholtz email (PDF):

Buoyed by the election which provided Republican majorities in both the Assembly (+27 majority) and the Senate (+5 majority), conservative anti-worker/anti-union legislators have announced that they will introduce Right to Work legislation when the January session begins. Right to Work laws limit collective bargaining, make it easier to outsource jobs and cut wages and benefits. Their plan was to do this in 2012, but legislators were worried that it was too soon after the 2011 protests against Act 10, and would cause public backlash. On average, workers in Right to Work states earn $7,030 a year less, according to the Congressional Research Service (6/20/12), and the rate of workplace deaths is 52.9% higher. Workers in Right to Work states are even more likely to be uninsured (16.8%, compared with 13.1% overall).

Governor Walker’s Act 10 has already done great damage to Wisconsin’s public sector workers and the economy. Act 10 has been described as “Right to Work on Steroids.” But now, the far-right is coming after the 13% of Wisconsin’s private sector workers who have the benefit of union representation. And it is because CEOs and company owners care more about big business and profits than they do about workers who create them. And, middle class families become struggling families. Right to Work will surely shrink the middle class.

Despite its misleading name, such a law does not guarantee anyone a job and it does not protect against unfair firing, i.e. it provides NO “right to work”.

Rather, a Right to Work law prohibits employers and employees from negotiating an agreement – also known as a union security clause – that requires all workers who receive the benefits of a collective bargaining agreement to pay their share of the costs of the Union in representing them. A Right to Work law mandates that unions represent every employee, whether or not he or she pays Union dues. In other words, such laws enable workers to pay nothing and still get the benefits of union membership. Imagine if a Madison resident, who sends their children to MMSD schools, but can opt out of paying property taxes to finance the schools.

Molly Beck

Mary Burke, the incumbent Madison School Board member who unsuccessfully challenged Gov. Scott Walker last month, confirmed Friday she will seek re-election in April. But Arlene Silveira, the longest serving board member and in her second stint as president, will not seek another term.

And Anna Moffit, who has served on the district’s special education advisory council, announced Saturday she’ll seek the seat currently held by Silveira. Silveira confirmed in a text message to the State Journal on Sunday that she will not run again.

Only Burke’s and Silveira’s seats are up in 2015. School board members are elected as at-large members.
Silveira was first elected in 2006 when Art Rainwater was superintendent and has since helped hire two superintendents as well as an interim leader.
She oversaw some of the most dramatic events in the district’s recent history, including in 2011 when Walker successfully sought to limit collective bargaining for public school teachers — a move that the Madison teachers union fought in court until this year when the state Supreme Court upheld the law.

The same year, the board faced another polarizing debate after the Urban League of Greater Madison’s then-executive director Kaleem Caire proposed a charter school aimed at reducing the persistently low achievement levels of the district’s black students. The board ended up voting against the proposal after months of tense discussion.

Notes and links on Mary Burke, Arlene Silveira and Anna Moffit.

Madison Teachers, Inc. Newsletter, via a kind Jeannie Kamholtz email (PDF):

Among the many things MTI has accomplished for its members is the advancement of rights for females.

Early in the Union’s history was MTI’s achievement of equal pay. MTI negotiated a salary schedule which recognized that the value of the work of an elementary teacher, where almost all were female in the 1960s & 1970s, is as valuable as that of a high school teacher of advanced placement physics.

The salary schedule negotiated by MTI recognizes that the task each teacher faces is about the same and the economic reward should be as well. Given this, MTI’s negotiations did away with the School Board’s created “head of household” additive pay – which went to male teachers in those days; and MTI negotiated a salary schedule which treats all teachers equally. That salary schedule proposed by MTI in the late 1960s, while periodically improved, remains in the Collective Bargaining Agreement today. The right to equal pay for equal work was extended to those in all MTI bargaining units through negotiations.

Also, in the 1960’s and early 1970s, School Board policy stated that a female employee had to “immediately notify her supervisor upon becoming pregnant” and resign when the “pregnancy began showing.” This meant a loss of income until the individual was rehired – which did not always occur – as well as a reduction in Social Security and Wisconsin Retirement System benefits, due to the lost wages.

Madison Teachers, Inc. PDF Newsletter via a kind Jeannie Kamholtz email (PDF):

Over the past few weeks, discussions have been occurring throughout the District about MTI’s upcoming MTI Recertification Elections. One of the most frequently asked questions by newer staff, those who are not aware of MTI’s many accomplishments over the years is, “what is at risk if we lose the Union?” To answer that question, one only needs to look around the State of Wisconsin to see what has happened in other school districts where employees no longer have a collective voice in the workplace.

In many school districts, employers have increased employee health insurance premium
contributions to 12%. Such an increase would decrease an employee’s pay between $61 and $212 per month, depending on the plan the individual has selected. Your Union is currently working with the District to collaboratively identify potential sources for health insurance savings rather than implementing a premium co-pay. The five Contracts for MTI represented employees do not now mandate any employee contribution toward health insurance.

For teachers who are new parents, MTI’s Contract provides paid time off during maternity leave via a combination of personal sick leave and Sick Leave Bank benefits. Non-probationary teachers also have the Contract right to take unpaid child rearing leaves of absence for a semester, a full school year, or up to two school years should they need or desire to stay home with their child(ren) for a period of time regardless of the child’s age. Those rights could disappear or erode without a Union to advocate for them.

For longtime teachers, educational assistants, clerical-technical staff and security assistants approaching retirement, MTI’s Contracts provide retiring employees with 100% of the value of their accumulated sick leave for the payment of post-retirement insurances. Many school districts have capped or reduced such benefits, forcing longtime employees to work longer in order to afford post- retirement insurance premiums.

Other school districts have added classes to the workday (without additional pay); extended the work year (without additional pay); required mandatory evening obligations (without additional pay); reduced benefits for disabled employees; eliminated planning time; pro-rated insurance benefits based on part-time status; eliminated just cause and due process protections against unfair discipline or dismissal; and destroyed salary schedules.

MTI encourages all represented employees to spend a few moments to page through their Collective Bargaining Agreement to see the entirety of the issues that the Union has negotiated for them over the past decades. Any or all of those negotiated items would be subject to employer discretion or whim without a Union as your collective voice. Standing together, we can continue to advocate for working conditions/learning conditions that educational employees and students need. Voting to recertify is the first step towards maintaining your collective voice at work.

Pat Schneider:

The conservative legal group Wisconsin Institute for Law and Liberty has brought suit against Madison’s public schools through a plaintiff who does not have standing to bring the “scandalous” allegations of violations of teachers’ rights included in its complaint, school district officials claim in a court filing.

Plaintiff David Blaska, a conservative blogger, “is not a teacher in the district nor an employee of the District and he therefore lacks both standing and a factual basis on which to assert those allegations,” school officials say in their answer to a lawsuit brought last month against the Madison Metropolitan School District, the Madison School Board and labor union Madison Teachers, Inc.

In pleadings filed in Dane County Circuit Court last week, school officials and the union asked the court to strike portions of the complaint referring to union dues, fair share payments and other issues regarding employees, calling them “immaterial, impertinent and scandalous.”

WILL, not Blaska, is actually the “party in interest,” or entity that would benefit from the suit, Madison public school officials assert.

The lawsuit filed last month challenges the legality of labor contracts for Madison teachers and other school district employees that were negotiated and entered into after the 2011 enactment of Act 10, Gov. Scott Walker’s signature legislation curtailing the collective bargaining power of public employees.

Edmund Henschel & Russell Knetzger

In its Sept. 17 editorial about Gov. Scott Walker’s second term agenda, the Journal Sentinel Editorial Board said, “Act 10 was a mistake” (“Gov. Scott Walker’s second term? Same as the first,” Our View). Act 10 virtually ended collective bargaining for many, but not all, state and local public employees.

It was not a mistake and should be followed up with Act 10.2 and Act 10.3. One would address the expensive early retirement feature included in the Wisconsin pension plan for all state and local public employees, and the other would bring in police and fire personnel, left out in Act 10. Police and fire together amount to about 60% of most local budgets, leaving only 40% covered by Act 10.

Wisconsin was the first state in the Union to allow public employees to bargain collectively, and, by the 1970s, unionization was showing its worst feature. That feature was, and will always remain, that unions cannot resist the temptation to try to control both sides of the bargaining table. They do this by being politically active in electing union-sympathetic public officials and in de-electing taxpayer sympathizers. The state teachers union was the first to consistently apply this power both in local and state elections and was very effective at both levels.

Wisconsin, having first created public collective bargaining, rightfully should be the first state to remove it. Indiana was slightly earlier, but the Indiana public at referendum put it back in place. That action, and the current race for Wisconsin governor, shows just how much unions are fighting to regain this power.

Early public employee unions recognized that public employee strikes did not sit well with the public. In exchange for removing the right to strike, unions were given arbitration, a power that likely gained more for unions than striking. The problem with arbitration is it becomes an averaging of the surrounding lowest and highest wages.

As the wealthier tax bases raise their wages and benefits, over time the lower tax base communities rise to the previous average of the higher base. If they both can rise faster than inflation, which they have done by a ratio of 2.5-3 to 1, in only a few successive contract periods the lower tax base pay equals the former high base levels.

Much more on Wisconsin Act 10, here.

Freddie DeBoer

A couple of weeks ago, I went to the University of Illinois at Urbana/Champaign with activist friends of mine. We went to protest in support of Dr. Steven Salaita and the several unions and student groups who were rallying for better labor conditions, for the principle of honoring contracts, for collective bargaining rights, for recognition by the administration, and for respect. It was a beautiful, brilliant rally; I estimated 400 people, many more than I had thought to hope for. And it posed the simplest question facing academics today: who and what is the university for?

The labor unions in attendance that day were fighting for better conditions and more honest, direct bargaining with the university administration, as labor unions in Illinois have fought for decades. Some fought for fair pay and transparent, equitable rules for advancement and compensation. The school’s young graduate union, the GEO, fights simply to be recognized by the university, in an academic world in which universities could not survive without graduate student labor. What was remarkable about the event was how easily and naturally these labor issues coincided with the fight for Dr. Salaita. Some might mistake these issues for disconnected and separate, but in fact they are part of the same fight. The fight for Dr. Salaita is about Palestine, and about academic freedom. But it is also about labor and the rights of workers. It’s about faculty governance in a university system that has seen ceaseless growth in higher administrators and an attendant growth in the cost of employing them. It’s about recognizing that a university is not its endless vice provosts and deputy deans, nor its sushi bars and climbing walls, nor its slick advertising campaigns, nor its football team, nor its statuary. A university is its students and its teachers. To defend Dr. Salaita is to defend the notion that, in an academy that crowds out actual teaching and actual learning in myriad ways, the actual teachers in the academy must preserve the right to hire other teachers, and to honor those commitments once they are made.

Madison Teachers, Inc. Solidarity newsletter, via a kind Jeannie Kamholtz email (PDF):

As previously reported, Governor Walker’s Act 10 requires public sector unions, except police & fire, to participate in an annual recertification election to enable Union members to retain representation by their Union. The election by all MTI-represented District employees will be conducted between November 5 and November 25, via telephone or on-line balloting (details forthcoming when received from the Wisconsin Employment Relations Commission).

MTI Faculty Representatives and EA Building Representatives at every school/work location have been asked to recruit colleagues to assist in building awareness of the importance of the recertification election, and to make sure that staff at their school/work location VOTE in the recertification elections.

These individuals are being referred to as MTI Member Organizers and will be essential to successful recertification elections. The Union needs Member Organizers from every bargaining unit (MTI, SEE-MTI, EA-MTI, SSA-MTI & USO-MTI). Retired union members are also encouraged to assist in organizing. Assuring that each and every person vote is of great importance, because Act 10 requires that to win recertification, the Union must win 51% of all eligible voters.

If you are willing to support your Union by serving as a Member Organizer, or have additional questions about what this entails, see your MTI Faculty Representative/EA-MTI Building Representative, or contact MTI Assistant Director Doug Keillor (keillord@madisonteachers.org; 257-0491). Additional information will also be available at a MTI Member Organizer Q & A Session on Saturday, October 4, from 10:00-11:30 a.m., at MTI Headquarters.

Reasons for Recertification #2: Preserving and Protecting Your Collective Bargaining Agreements – MTI has successfully negotiated Collective Bargaining Agreements which preserve the vast majority of Contract rights and benefits for both the 2014-15 and 2015-16 school years and provide the Union the means to enforce those rights and benefits.

The Neenah Superintendent wrote a letter to Madison School Board Member & Gubernatorial Candidate Mary Burke on 19 September.

Ms. Burke recently apologized for her Act 10 remarks:

Democratic gubernatorial candidate Mary Burke has apologized to the superintendent of the Neenah school district for comments she made on the campaign trail.

Burke had been citing the district as an example of negative effects she says have been caused in Wisconsin schools by the law known as Act 10 that effectively ended collective bargaining for teachers.

District administrator Mary Pfeiffer said Friday that Burke reached out to her on Wednesday and apologized by phone. Pfeiffer says Burke agreed not to use Neenah as an example again.

Neenah Superintendent Dr. Mary Pfeiffer’s letter to Mary Burke, via a kind reader (PDF):

Neenah Joint School District
410 South Commercial Street
Neenah, WI 54956
Tel: (920) 751-6800
Fax: (920) 751-6809

Burke for Wisconsin
PO Box 2479
Madison, WI 53701
September 19, 2014

Dear Ms. Burke,

On behalf of the Neenah Joint School District I would like to express my disappointment regarding your use of our District as an example of your perceived negative impact of Act 10 on education as reported by John McCormack in the Weekly Standard and at least one additional news publication in the Green Bay Press-Gazette.

In your position as a Madison school board member, I’m sure you’ve seen that Act 10 has created a variety of challenges for school districts across Wisconsin, but I’m sure you’ve also seen plenty of positives as well. It is unfair and misleading to claim that Act 10 is the primary reason why one specific candidate chose to accept a position in Minnesota over an opening in the Neenah Joint School District. There are many reasons why candidates choose to work in other districts and certainly some effects of Act 10 may factor into those decisions. However, to make a blanket statement that Act 10 is the reason why teachers are leaving school districts in Wisconsin (in this case the Neenah Joint School District), especially by citing only one candidate’s decision to go elsewhere, is an unfortunate exaggeration at best.

We are extremely proud of our schools in Neenah and incredibly proud of the staff we have assembled both prior to and since the passage of Act 10. We have never settled with an inferior candidate to fill a position and will never do that to our students or families.

Since you have not reached out to me to learn more about our District, I will provide to you some data points that you might find revealing about why we continue to be a high performing District in Wisconsin.

Since Act 10, we have faced, and met, the difficult challenges necessary to support student learning while retaining our excellent staff.

we have significantly reduced an unsustainable $184 million unfunded liability regarding our Other Post Employment Benefits (OPEB). Meanwhile, we still provide all of our most veteran employees a $100,000 retirement benefit. New employees are also provided OPEB benefits and that is something most districts have eliminated. As you are aware, this is in addition to the state retirement benefit.

we have reduced class sizes and increased the number of our certified staff.

we have had no certified staff (teacher) layoffs since Act 10.

our school board has supported pools of dollars for 2% salary increases (above the CPI) and 2% one-time stipend awards every year for all employee groups for a total of4%.

over the past two years, 57 certified staff members have received a $5,000 or more increase in their salary.

more than 33% of certified staff received a 3% or higher salary increase in 2013-14,

with 6% of them receiving a 6% increase or higher.

our insurance costs are the lowest in our area.

we have no long-term debt.

our mill rate remains the lowest in our area at $8.53 and a decrease for the third consecutive year.

I respectfully ask that you stop using Neenah as an example of the negative ramifications of Act 10. This request has nothing to do with my personal feelings or political stance. It is about a dedicated staff that is proud to work in Neenah. I would be p1eased to speak with you further about this issue.

Thank you for your time.

Sincerely,

Dr. Mary Pfeiffer ~
Superintendent of Schools
Neenah Joint School District
Copy: Neenah Joint School District Board of Education Members

Act 10 notes and links.

Neenah plans to spend $80,479,210 for 6,226 students (DPI) during the 2014-2015 school year, or $12,926 per student (PDF Document). Ms. Burke’s Madison School Board plans to spend more than $15,000 per student during the same period, 16% more than Neenah.

“Plenty of Resources“.

Madison Teachers, Inc. via a kind Jeannie Kamholtz email (PDF):

Governor Walker’s Act 10 requires MTI to engage in a recertification election to retain its status as the representative of those covered by MTI’s collective bargaining units. This year’s election will be conducted between noon November 5 and noon November 25. Voting will be via telephone or on-line (detailed information will follow).

When you vote to recertify MTI, you are voting to “stand together” with your colleagues to support your profession and Union. A YES vote sends a message to policymakers that educators stand together on important issues that affect our profession, schools and students – such as reasonable class size, sufficient planning time, fair compensation and a host of other professional and economic issues.

To make recertification difficult, a union needs 51% of ALL ELIGIBLE VOTERS to win recertification. This election is unique from others in that failure to cast a well-intentioned vote due to busy schedules and personal conflicts constitutes a “no” vote, diminishing members’ efforts to remain united, and to speak with one voice. We urge you to vote YES. Please watch for additional communications on how to cast this very important vote between November 5-25, 2014.

WHY IS RECERTIFICATION IMPORTANT?
Preserving the negotiated Collective Bargaining Agreements – MTI has successfully negotiated Collective Bargaining Agreements which preserve the vast majority of contractual rights and benefits for both the 2014-15 and 2015-16 school years and provide the means to enforce those rights and benefits. The continuation of these contract rights and benefits, as well as the means to enforce them, may be jeopardized by one not voting.
Advocating for the inclusion of such rights and benefits in an Employee Handbook – MTI has gained the District’s agreement to work in a collaborative manner to develop an employee handbook which will guide workplace rights and benefits once the Collective Bargaining Agreements expire. Recertification confirms that employees desire to continue to have MTI as their collective voice in this process.

Standing United – It’s about supporting one another. When you and your colleagues vote to recertify MTI, policymakers know the educators stand together in solidarity on important issues that impact our profession, our schools and our students.

Representation – It’s about fairness and how you are treated. Employees in certified bargaining units have the right to representation – also called Weingarten rights – allowing a member who is being investigated for potential discipline to be accompanied and advised by a union representative.

While MTI will continue to exist whether or not we recertify, a YES vote sends a message to the governor and school administration that MTI members are united – and that MTI is not going away, despite Governor Walker’s attempt to silence our voices.
Your colleagues appreciate your support. Show your support by voting YES to recertify MTI. Thank you

Much more on Wisconsin’s Act 10, here.

Madison Teachers, Inc. Solidarity Newsletter via a kind Jeannie Kamholtz email (PDF):

Governor Walker’s Act 10 requires public sector unions, except police & fire, to engage in annual recertification elections, in order to retain their status as the representative of the employees in their bargaining unit. Even though MTI’s certification goes back to 1964, and it has represented MMSD employees and negotiated Contracts for them beginning with the 1964 Collective Bargaining Agreement for teachers, Walker’s signature legislation Act 10 mandates that MTI participate in a recertification election. The election by all MTI represented District employees will be conducted between November 5 and November 25 via telephone or on-line balloting (more detailed information will be forthcoming).

Why is recertification important? The recertification election will determine whether MTI will continue to be the legally recognized “certified representative” for the following year. While there were processes available in prior law for a Union’s certification to be challenged by dissatisfied employees, Walker’s Act 10 forces such elections annually. And to make recertification more difficult, unlike political elections where the candidate with the most votes wins, Act 10 requires that to win recertification, the union must win 51% of all eligible voters. Between now and November 25 we will use this space to highlight a number of reasons why recertification, and your participation in it, is important.

Reason #1- Standing Together – When one votes to recertify MTI, that individual is voting to “stand together” to support one’s profession and colleagues. A YES vote sends a message to policymakers that employee groups stand together on important issues that affect their profession, schools and students – such as reasonable class size, sufficient planning time, effective professional development, fair compensation and a host of other work-related, professional and economic issues. Standing together provides a stronger voice than one has individually.

Chris Rickert

District spokeswoman Rachel Strauch-Nelson acknowledged that some teachers had been evaluated “inconsistently” but noted that the new evaluations, while time-consuming, will be limited to once every three years.

School Board President Arlene Silveira also said the board has made it clear to Superintendent Jennifer Cheatham that evaluations are a priority and “the hope is that they will be more of a focus.”

The Department of Public Instruction says the new Wisconsin Educator Effectiveness System can be used “as one piece of data” when making “high-stakes human resource decisions,” such as termination and giving pay raises.

That’s not going to happen anytime soon in Madison, the only district in the state that, according to Lipp, still has a collective bargaining agreement three years after the union-killing Act 10.

“As long as we have a union contract, it won’t,” he said.

Strauch-Nelson said “the new system won’t change how the district makes employment decisions or compensation,” but it “will be used to tailor support for teachers and inform professional development.”

Madison 2005 (reflecting 1998):

When all third graders read at grade level or beyond by the end of the year, the achievement gap will be closed…and not before
On November 7, Superintendent Art Rainwater made his annual report to the Board of Education on progress toward meeting the district’s student achievement goal in reading. As he did last fall, the superintendent made some interesting claims about the district’s success in closing the academic achievement gap “based on race”.

According to Mr. Rainwater, the place to look for evidence of a closing achievement gap is the comparison of the percentage of African American third graders who score at the lowest level of performance on statewide tests and the percentage of other racial groups scoring at that level. He says that, after accounting for income differences, there is no gap associated with race at the lowest level of achievement in reading. He made the same claim last year, telling the Wisconsin State Journal on September 24, 2004, “for those kids for whom an ability to read would prevent them from being successful, we’ve reduced that percentage very substantially, and basically, for all practical purposes, closed the gap”. Last Monday, he stated that the gap between percentages scoring at the lowest level “is the original gap” that the board set out to close.

Unfortunately, that is not the achievement gap that the board aimed to close.

In 1998, the Madison School Board adopted an important academic goal: “that all students complete the 3rd grade able to read at or beyond grade level”. We adopted this goal in response to recommendations from a citizen study group that believed that minority students who are not competent as readers by the end of the third grade fall behind in all academic areas after third grade.

As of 2013, the situation has not changed, unfortunately.

Madison, 2014, the view from Milwaukee:

The largest state teachers union, the Wisconsin Education Association Council, gave $1.3 million last month to the Greater Wisconsin Committee, a liberal group that has been running ads critical of Walker. Two of WEAC’s political action committees have given a total of $83,128 to Burke directly.

On the other side, the American Federation for Children said last year in a brochure that in the 2012 elections in Wisconsin, including the recalls that year, it had spent $2.4 million supporting pro-voucher candidates.

Along with family members, Dick and Betsy DeVos have given about $343,000 to Walker since 2009. The Grand Rapids, Mich., couple made their fortune in the marketing firm Amway and now support the voucher school movement.

The elections are critical because in general, each candidate’s stance on the issue of vouchers is largely dictated by their political party affiliation. If Republican candidates maintain control of both houses and the governor’s seat, voucher-friendly legislation is more likely to pass.

Democrats are trying to take control of the state Senate. Republicans hold the chamber 17-15, with one GOP-leaning seat vacant. Republicans have a stronger majority in the Assembly and the election is unlikely to change that.

Senate Democrats would oppose the expansion of voucher schools until standards and requirements are established that put those private schools on the same footing as public schools, Senate Minority Leader Chris Larson (D-Milwaukee) said.

…….

Walker on Wednesday also challenged Burke’s record on the Madison School Board.

He noted that the graduation rate for black students in Madison is lower than the graduation rate for black students in MPS.

Walker said Burke has had a chance to use his Act 10 law to save the taxpayers millions in Madison, and put those dollars toward alleviating the achievement gap.

“She’s failed to do that,” Walker said.

Burke responded that Madison is a fiscally responsible district that is one of the few in the state operating under its levy cap.

Madison still has a contract because the teachers union there challenged the Act 10 law in court, and a circuit court judge ruling initially swung in its favor. The teachers union subsequently bargained a contract this year and next year with the district.

Then this summer, the Wisconsin Supreme Court upheld Walker’s Act 10 law.

Madison 2014, gazing into the mirror:

Gov. Scott Walker took the campaign against Democratic opponent Mary Burke to her front door Wednesday, accusing the one-term Madison School Board member of not doing enough to improve black students’ graduation rates in Madison.

Walker argued that the Madison School Board could have put more money toward raising graduation rates and academic achievement if it had taken advantage of his controversial 2011 measure known as Act 10, which effectively ended collective bargaining for most public workers, instead of choosing to negotiate a contract with its teachers union for the 2015-16 school year earlier this summer.

“Voters may be shocked to learn that the African-American graduation rate in Madison (where Mary Burke is on the board) is worse than in MKE,” Walker tweeted Wednesday morning.

Burke shot back that Walker’s comments were “short sighted” and showed “a lack of knowledge” of how to improve student academic achievement.

In 2013, 53.7 percent of black students in Madison graduated in four years. In Milwaukee, the rate was 58.3 percent, according to state Department of Public Instruction data. That gap is smaller than it was in 2012, when the 4-year completion rate among black students was 55 percent in Madison and 62 percent in Milwaukee.

Overall, the 2013 graduation rates for the two largest school districts in Wisconsin was 78.3 percent in Madison and 60.6 percent in Milwaukee.

Under Superintendent Jennifer Cheatham, the district has made progress in the last year toward improving overall student achievement, Burke said in a call with reporters. School Board president Arlene Silveira also said Wednesday the district has started to move the needle under Cheatham.

“Is it enough progress? No. We still have a lot of work to go, and whether you’re talking about African-American (graduation rates) in Madison or talking about (rates) in Milwaukee, they are too low,” Burke said. “But the key to improving student learning, that anyone who really looks at education knows, is the quality of the teacher in the classroom.”

Decades go by, yet the status quo reigns locally.

A few background links:

1. http://www.wisconsin2.org

2. Wisconsin K-12 Spending Dominates “Local Transfers”.

3. Mandarins vs. leaders The Economist:

Central to his thinking was a distinction between managers and leaders. Managers are people who like to do things right, he argued. Leaders are people who do the right thing. Managers have their eye on the bottom line. Leaders have their eye on the horizon. Managers help you to get to where you want to go. Leaders tell you what it is you want. He chastised business schools for focusing on the first at the expense of the second. People took MBAs, he said, not because they wanted to be middle managers but because they wanted to be chief executives. He argued that “failing organisations are usually over-managed and under-led”.

Mr Bennis believed leaders are made, not born. He taught that leadership is a skill—or, rather, a set of skills—that can be learned through hard work. He likened it to a performance. Leaders must inhabit their roles, as actors do. This means more than just learning to see yourself as others see you, though that matters, too. It means self-discovery. “The process of becoming a leader is similar, if not identical, to becoming a fully integrated human being,” he said in 2009. Mr Bennis knew whereof he spoke: he spent a small fortune on psychoanalysis as a graduate student, dabbled in “channelling” and astrology while a tenured professor and wrote a wonderful memoir, “Still Surprised”.

2009: The elimination of “revenue limits and economic conditions” from collective bargaining arbitration by Wisconsin’s Democratically controlled Assembly and Senate along with Democratic Governer Jim Doyle:

To make matters more dire, the long-term legislative proposal specifically exempts school district arbitrations from the requirement that arbitrators consider and give the greatest weight to revenue limits and local economic conditions. While arbitrators would continue to give these two factors paramount consideration when deciding cases for all other local governments, the importance of fiscal limits and local economic conditions would be specifically diminished for school district arbitration.

A political soundbyte example:

Candidate Burke’s “operating under its levy cap” soundbyte was a shrewd, easily overlooked comment, yet neglects to point out Madison’s property tax base wealth vs. Milwaukee, the District’s spending levels when state revenue limits were put in place and the local referendums that have approved additional expenditures (despite open questions on where the additional funds were spent).

I hope that she will be more detailed in future comments. We’ve had decades of soundbytes and routing around tough choices.

Madison’s challenges, while spending and staffing more than most, will continue to be under the political microscope.

I hope that we see a substantive discussion of K-12 spending, curriculum and our agrarian era structures.

The candidates on Education:

Mary Burke:

Education has always offered a way up to a good job and a better life. It’s the fabric of our communities, and it’s the key to a strong economy in the long term.

As co-founder of the AVID/TOPs program, a public-private partnership that is narrowing the achievement gap for low income students, Mary knows that every Wisconsin student prepared to work hard can realize their dreams if given the support they need. By bringing together area high schools, the Boys & Girls Club, technical colleges, businesses and the University, Mary made a real difference for students, many of whom are the first in their family to attend college. The first class graduated last spring, and in September, over 90% of those students enrolled in post-secondary education.

Mary believes Wisconsin schools should be among the best in the nation—and she knows that making historic cuts isn’t the way to do it. She’ll work every day to strengthen our public education system, from K-12 to our technical colleges and university system. Mary strongly opposed the statewide expansion of vouchers—as governor, she’ll work to stop any further expansion, and ensure that all private schools taking public dollars have real accountability measures in place.

Scott Walker:

“We trust teachers, counselors and administrators to provide our children world-class instruction, to motivate them and to keep them safe. In the vast majority of cases, education professionals are succeeding, but allowing some schools to fail means too many students being left behind. By ensuring students are learning a year’s worth of knowledge during each school year and giving schools the freedom to succeed, Wisconsin will once again become a model for the nation.” — Scott Walker

For years, Wisconsin had the distinction of being a national leader in educational reform. From the groundbreaking Milwaukee Parental Choice Program to policies aimed at expanding the role of charter schools in communities across the state, Wisconsin was viewed as a pioneer in educational innovation and creativity.

Wisconsin used to rank 3rd in fourth grade reading, now we’re in the middle of the pack at best with some of the worst achievement gaps in the nation.

Fortunately, Wisconsin has turned a corner and is once again becoming a leader in educational excellence by refocusing on success in the classroom. This has been done by pinpointing the following simple but effective reforms:

• Improving transparency
• Improving accountability
• Creating choice

We are working to restore Wisconsin’s rightful place as an education leader. Our students, our teachers, and our state’s future depend on our continued implementation of reform.

A look at District spending:

Per student spending: Milwaukee’s 2013-2014 budget: $948,345,675 for 78,461 students or $12,086/student. Budget details (PDF).

Madison plans to spend $402,464,374 for 27,186 students (some pre-k) this year or about $14,804/student, 22% more than Milwaukee. Details.

And, finally, 2010: WEAC: $1.57 million for four senators.

Madison Teachers, Inc. Solidarity Newsletter, via a kind Jeannie Kamholtz email (PDF):

Members of MTI’s Board of Directors, Bargaining Committee and Union staff greeted the District’s 200+ newly hired teachers at New Teacher Orientation last Monday. Sixty- five have already joined the union.

MTI Executive Director John Matthews addressed the District’s new teachers during Monday’s gathering. In doing so, Matthews provided a brief history of the Union, its reputation of negotiating outstanding Collective Bargaining Agreements which provide both employment security and economic security, and in explaining the threat to both, given Act 10, said all MTI members would need to pull together to preserve the Madison Metropolitan School District as a quality place to teach.

Edgar Mendez:

The goal in Wauwatosa was to better attract and retain top-flight educators; the method was to change the way teachers are compensated.

A new compensation model, approved in February, calls for teachers to earn anywhere between $40,000 and $80,700 a year, based largely on their performance.

But teachers had concerns: Would principals alone determine the initial salary they’d start at in the new model? Did years of service matter at all anymore? Or was everything based on performance evaluations?

Those concerns still linger as Wauwatosa and other Wisconsin districts roll out new teacher compensation models this fall, thrusting the issue of teacher pay back in the spotlight.

The new compensation models are a result of Act 10, the legislation passed three years ago that limited collective bargaining and allowed districts to untether themselves from salary schedules in union contracts that called for pay increases based solely on years spent teaching and on higher-education credits.

Some districts, such as Hartland-Lakeside and Cedarburg, were early adopters of new performance-based models resembling what people often see in the private sector.

But many more districts are debuting new models this year. The timing coincides with a new statewide educator evaluation system rolling out this year.

Madison Teachers, Inc. Newsletter, via a kind Jeannie Kamholtz email (PDF):

Last fall, MTI asked the District to bargain Contracts for multiple years. They refused, and a Contract was negotiated for the 2014-15 school year.

After hundreds of MTI members, sporting their MTI red shirts, attended two school board meetings in late May, the Board had a change of heart – and also a change in leadership with Arlene Silveira replacing Ed Hughes. Several MTI members addressed the Board at its meetings on May 26 and 29. The Board agreed to bargain. After five days of bargaining, terms were reached for Contracts for MTI’s five bargaining units, AFSCME’s two bargaining units, and that of the Building Trades Council.

In the new Contracts, MTI was successful in retaining members’ employment security and economic security provided by Contract salary schedules and fringe benefits.

MTI’s Contracts for 2014-15 and 2015-16 are the only contracts with Wisconsin school districts, for those years. A synopsis of the new Contracts is available on MTI’s webpage www.madisonteachers.org.
MTI members ratified the Contracts last Tuesday evening

Madison Teachers, Inc. Synopsis (PDF):

HANDBOOK: Among the topics addressed in our 2013 negotiations was how the Act 10 mandated “Employee Handbook” would be developed. In last year’s negotiations MTI gained agreement with the District, that while most school boards acted unilaterally to develop the Handbook, MTI has 5 appointees to the Committee which will develop the Handbook. That agreement also provides that MTI’s 2014- 15 Collective Bargaining Agreements serve as the foundation for the Handbook. That has now been amended to provide that the 2015-16 Contracts will serve as the foundation for the Handbook. Some school boards have rolled back employee rights to the 1950’s or 1960’s, when unilaterally creating the Handbook for their school districts. For example, teachers in some districts cannot wear sandals, open-toed

shoes and women must wear skirts or dresses at least to the knee. The Janesville School Board just eliminated wages for any credits or
degrees beyond the BA.

James Wigderson, via a kind reader:

We should not have been surprised when Democratic candidate for governor Mary Burke voted with the rest of the Madison school board to negotiate a contract extension with the teachers union. After all, it was just a month ago that Burke told the Milwaukee Journal Sentinel in a video recorded interview that she believes she didn’t need Act 10 to get the same concessions from the unions. “I think it was only fair to ask for contributions to health care and to pensions, um, but I think those could have been negotiated, ah certainly firmly but fairly.”

Let’s set aside that negotiating a contract extension with the union is likely a violation of the law, as attorney Rick Esenberg of WILL informed the school board. Okay, that’s a little bit like saying to the dinosaurs, “setting aside that giant meteor head towards Earth…”

But setting the issue with the law aside, we’re about to about to see whether Burke’s claim is correct that she is capable of achieving the benefits of Act 10 without having to rely upon the powers granted by Act 10 to local government bodies. If we’re to use upon history as our guide, Burke is unlikely to prove anything except that the passage of Act 10 by Governor Scott Walker and the legislature was necessary.

After the passage of Act 10, Madison teachers staged a massive “sick out” in order to protest Walker’s reforms. Despite a public statement from then-WEAC President Mary Bell to go back to work and a request by the Madison Metropolitan School District to cancel a scheduled day off, Madison’s teachers continued to stay out of work to continue the protest. In fact, a MacIver investigation discovered that John Matthews of Madison Teachers, Inc. lied about the union’s involvement in planning the protest.

Against that background, and a determination not to be bound by the terms of Act 10, the Madison teachers union and the school district negotiated the first contract extension into 2013. Instead of the 12.6 percent health care contribution called for under Act 10 and even supported by Bell, the district was only able to negotiate a 5 percent health care contribution. The agreement did allow an increase to 10 percent the following year.

Related:

Teacher Union Collective Bargaining Continues in Madison, Parent Bargaining “like any other union” in Los Angeles.

Act 10.

Mary Burke.

Norman Sannes

Nothing has changed in the past 30 years. The love affair between the Madison School Board and Madison Teachers Inc. Executive director John Matthews is still in full bloom.

The latest pending agreement to extend the existing union contract is proof. The ensuing litigation could cost Madison taxpayers a great deal. The Wisconsin Institute for Law and Liberty has already promised to challenge this if the School Board caves to MTI.

MTI is not about our kids. It never has been (other than indoctrinating liberalism). The union’s opposition to the Madison preparatory charter school is further proof.

The School Board is supposed to be looking out for the kids and the taxpayers, but their first priority continues to be MTI and the demands from Matthews.

Related: Madison Governance Status Quo: Teacher “Collective Bargaining” Continues; West Athens Parent Union “Bargains Like any other Union” in Los Angeles.

Madison Teachers, Inc. Solidarity Newsletter, via a kind Jeannie Kamholtz email (PDF):

Board of Education meetings on May 12 and 15 were a sea of red, as MTI members produced an overflow crowd, calling for Contract negotiations for the 2015-16 school year. Numerous MTI members, supported by four past-presidents on the Board of Education, State Representatives Melissa Sargent, Dianne Hesselbein and Chris Taylor, spoke to the Board. Congressman Pocan sent a strong statement of support for MTI which was read into the record by Rep. Sargent.

Rep. Sargent also read into the record a petition calling for negotiations. It was signed by Senators Jon Erpenbach, Mark Miller, Fred Risser and Representatives Sargent, Hesselbein, Taylor, Pope, Berceau and Kahl. The petition stated, in part:

“We all share a common interest in making sure every child has access to a quality public education and in supporting our teachers’ efforts to create the best public schools in the state and nation. When teachers are prohibited from coming to the bargaining table, our public school children and schools suffer. Our teachers’ firsthand experience in the classroom gives them a unique perspective in developing best practices and firsthand knowledge of the needs of our public school children.

In Dane County, we have seen 50 years of positive and productive labor relations. This benefits our children and helps create strong schools and communities. Positive employee relations are developed, in part, through the collective bargaining process where employers and employees create the best possible working environment together. Unfortunately, Act 10 eroded the ability to negotiate in good faith.

Guaranteeing that teachers have a voice in what goes on in their classrooms is critically important in ensuring every child is learning in the best possible environment.”
Congressman Pocan’s statement, in part, follows: “Employees are the most important component to the success of any employer, and working with these unions makes good sense, as the employees have the institutional knowledge of the operation. Collective bargaining is an opportunity to address important issues together.”

Also stepping up to the plate in calling for negotiations was the District’s Student Senate. Led by Student BOE representative Luke Gangler (Memorial), they submitted a petition to the Board which stated, in part, “… Whereas, international courts and human rights organizations have since identified collective bargaining as a fundamental right of workers; and Whereas, the right of school staff to collectively bargain has a direct impact on the learning environment of students … Resolved, that the MMSD Student Senate recommend that the MMSD Board of Education approve extensions of employee contracts with MTI, AFSCME, and the Building Trades Council through 2015-16.”

Bargaining will begin today. Those represented by MTI, in all five bargaining units, are reminded to watch the MTI website and MTI Facebook for an urgent call to a Contract ratification meeting. Notice will be sent to all members for whom MTI has a personal email address. Notice will also be sent to the members of all MTI Boards of Directors & Bargaining Committees, MTI Faculty Representatives and EA-MTI Building Representatives.
The presentations to the Board can be viewed on the District’s website.

I wonder if parents have used the “crowd a meeting” tactic successfully? Fascinating.

Madison Teachers, Inc. Solidarity Newsletter via a kind Jeannie Kamholtz email (PDF):

The value of positive employer-employee relationships being highly valued in Madison and the surrounding area has moved the County of Dane and the City of Madison to continue to negotiate contracts with their employee unions. While the 2011 legislated Act 10 was designed to strip employees of their contractual rights and benefits, Judge Colas’ ruling that much of Act 10 is unconstitutional enables bargaining to continue.

Given the value placed on positive employer-employee relationships by Mayor Soglin and the County Board, MTI, AFSCME and the Building Trades Council, all of which represent bargaining units of District employees, have petitioned the Board of Education to enter Contracts for 2015-16. The Board will consider these requests at a special meeting this Thursday, May 15.

MTI – 7, State of Wisconsin – 0
MTI representation has resulted in the dismissal of charges against all MTI members who were issued citations by the State for participating in the Solidarity Sing Along, with one case still pending. MTI provided representation because of the State depriving members of their Constitutional right to freedom of speech in protesting Act 10’s impairment of collective bargaining.

Madison Teachers, Inc., Newsletter, via a kind Jeannie Kamholtz email (PDF):

Pursuant to changes in MTI’s Teacher Collective Bargaining Agreement, teacher contracts for the 2014-15 school year will now be issued in MAY instead of March. Signed contracts of all teachers returning for the 2014-15 school year must be received in the MMSD Human Resources Office no later than June 16. MTI strongly recommends that teachers return their signed contracts AS SOON AS POSSIBLE, in person, to assure timely delivery. Take a copy with you, ask that it be stamped “received”, and keep it for your personal records. Failure to return a signed contract by June 16 may result in the District accepting such as one’s resignation.

Madison Teachers, Inc. via a kind Jeannie Kamholtz email (PDF):

Among the many excellent benefits available to MTI members, guaranteed by MTI’s various Collective Bargaining Agreements, is the additional worker’s compensation benefit, i.e., benefits greater than those provided by Wisconsin Statutes.

Wisconsin Statutes provide a worker’s compensation benefit for absence caused by a work-related injury or illness, but the benefit does not begin until the 4th day of absence, and has a maximum weekly financial benefit.
MTI’s Collective Bargaining Agreements provide that one absent from work because of a work- related injury or illness will receive his/her full wage, and that it begins on day one of the absence. Further, MTI’s negotiated benefits for worker’s compensation are not limited by Wisconsin Statutes, i.e., there is no maximum. MTI’s Contracts also provide that one’s earned sick leave is not consumed by absence caused by a work-related illness or injury.

Although MTI is working to preserve this benefit, it is at risk due to Governor Walker’s Act 10.

Madison Teachers, Inc. Solidarity Newsletter via a kind Linda Doeseckle email (PDF):

Does it matter to you when school begins in the fall? How about when and how long winter or spring break is? And, how about when the school year ends? Have you thought about how many days you work for your annual salary, or how many hours make up your school day? In members’ responses to many years of MTI bargaining surveys, all of these factors are “very important” to those in MTI’s various bargaining units.

It was MTI’s case in 1966 which gave teacher unions an equal voice in establishing all of the above. Ruling for MTI, the Wisconsin Supreme Court ruled that the school calendar is a mandatory subject of bargaining, meaning that a school district in Wisconsin must negotiate with the union to determine each of the factors described above. However, Governor Walker’s Act 10 reversed the Supreme Court’s ruling, because Act 10 removed workers’ rights to collectively bargain. And now to make it worse, there is a legislative proposal to enable school boards to unilaterally increase the number of hours in a school day.

Walker’s Act 10 enables a school board without a good conscience to abuse staff, especially teachers, because teachers are paid an annual salary not on an hourly basis. MTI’s victory before Judge Colas found Act 10, in great part, to be unconstitutional, which in turn enabled MTI to negotiate Collective Bargaining Agreements for MTI’s five bargaining units for 2014-15. Walker’s appeal of Judge Colas’ decision to the Supreme Court is pending decision. District management meantime, has refused to bargain over the calendar for the 2015-16 school year. This negativity not only impacts teachers’ planning for the 2015-16 school year, but is also causing families not to be able to plan ahead. Many families often plan vacations, weddings and other family and religious events years in advance.

Madison Teachers, Inc Solidarity Newsletter (PDF), via a kind Jeannie Kamholtz email:

Section III-R of MTI’s Teacher Collective Bargaining Agreement ensures that teachers are compensated for covering another teacher’s class, when a substitute is unavailable. Nearly all members of MTI’s teacher collective bargaining unit are entitled to class coverage pay whether one volunteers or are assigned by a building administrator. This is also true whether one loses planning or not. The only exceptions are the following positions: learning coordinator, instructional resource teacher, PBS coaches, literacy coaches or dean of students, team teachers when the co-teacher is absent (unless coverage results in lost planning time). Follow up with the building administrator or administrative clerk to verify that this additional time is recorded for compensation purposes. Class coverage pay is $22 per hour. Contact MTI for additional details.

Steven Greenhouse:

All over the state, public executives are exercising new authority. Instead of raising teachers’ salaries, the Mequon-Thiensville School District, near Milwaukee, froze them for two years, saving $560,000. It saved an additional $400,000 a year by increasing employee contributions for health care, said its superintendent, Demond Means. And it is starting a merit pay system for teachers, a move that has been opposed by some teachers and embraced by others.
Ted Neitzke, school superintendent in West Bend, a city of 31,000 people north of Milwaukee, said that before Act 10 his budget-squeezed district had to cut course offerings and increase class sizes. Now, the district has raised the retirement age for teachers and revamped its health plan, saving $250,000 a year. “We couldn’t negotiate or maneuver around that when there was bargaining,” Mr. Neitzke said. “We’ve been able to shift money out of the health plan back into the classroom. We’ve increased programming.”
James R. Scott, a Walker appointee who is chairman of the Wisconsin Employment Relations Commission, which administers the law regarding public-employee unions, said that “as a result of Act 10, the advantages that labor held have been diminished.” He added: “It’s fair to say that employers have the upper hand now.”
In Oshkosh, Mark Rohloff, the city manager, says the law has saved his city $1.2 million a year, largely because employees are now paying more of their pension and health contributions. But he said state aid cuts of $2 million a year left his city with an $800,000 shortfall.
Among the city’s 560 city workers, union membership has fallen to 225, down from 450. The police and the firefighters, who were exempted from Act 10’s restrictions on collective bargaining, make up most of the remaining union members. Mr. Rohloff said his city’s police and firefighters have averaged annual raises of 2.5 percent, while the other workers had no across-the-board raises from 2010 to 2012, and received a 1 percent increase in 2013.
“Some of the employees who are not represented feel they’re second-class citizens compared to other employees,” Mr. Rohloff said.
Demoralization is the flip side of Act 10. In Oneida County in northern Wisconsin, the county supervisors jettisoned language requiring “just cause” when firing employees. Now, said Julie Allen, a computer programmer and head of the main local for Oneida County’s civil servants, morale is “pretty bad” and workers are afraid to speak out about anything, even safety issues or a revised pay scale. “We don’t have just cause,” she said. “We don’t have seniority protections. So people are pretty scared.”

Much more on Act 10, here.

Erin Richards:

The Kenosha teachers union says dues automatically will be deducted from teacher paychecks starting later this month — a move that critics call a blatant violation of a 2011 law limiting collective bargaining.
But a leading Kenosha Unified School District administrator said Tuesday that’s not true — the district will only deduct dues of employees who wish to be union members and have signed a voluntary wage deduction form.
The contradictory messages are the latest of several confusing developments in the state’s third largest school district. They stem from a collective bargaining agreement the School Board signed with the teachers union in November, despite the collective bargaining limits for public workers known as Act 10. The legality of that contract is being challenged in a lawsuit by a former and current Kenosha teacher and two conservative groups.
“We are an enigma,” Kristi Lacroix, a former Kenosha teacher involved in the lawsuit, said of the district.

Madison Teachers, Inc. Newsletter, via a kind Jeanie Kamholtz email (PDF):

Sections IV-I and IV-J of the MTI Teacher Collective Bargaining Agreement set forth the procedures which principals are contractually required to use when management notifies a teacher that he/she is being considered for non-renewal of contract. By Contract, the District is obligated to advise a teacher before May 1, if they are considering non-renewal. Under Wisconsin State Statutes, such a notice must be delivered to the teacher on or before May 15. Such notice could also be on one’s evaluation that must occur by April 15 per your Collective Bargaining Agreement.
MTI staff should be present at any and all meetings
between the teacher and any administrator in this regard, given that the meeting may indeed affect the teacher’s continued employment status. The teacher has the legal right to MTI representation and does not have to begin or continue a meeting without representation. See the reverse side of your MTI membership card.
For probationary teachers, a request for a hearing before the Board of Education must be submitted within five (5) days of the teacher’s receipt of the notice that the Board of Education is considering non-renewal of the teacher’s contract. For non-probationary staff, a request for arbitration must be made within fifteen (15) days of a non-renewal notice. It is extremely important for any teacher receiving such a notice to immediately contact MTI.

Madison Teachers, Inc. Solidarity eNewsletter (PDF), via a kind Jeannie Kamholtz email:

MTI represents nearly 3,000 teachers in the Madison Metropolitan School District. Of that number, over 96% are members of their Union. That number has been rising since Governor Walker, as he described it, “dropped the bomb” on public employees and collective bargaining almost three years ago.
However, there are currently several hundred MMSD employees in the teacher bargaining unit who are not members of MTI. They choose to be “fair share” contributors – that is, they pay a maintenance fee to the Union for all of the rights and benefits MTI has negotiated for them and provides to them, even though they are not members of their Union. These individuals have no voice in what issues MTI pursues; how MTI is governed; and can’t vote on MTI contracts, or in the election of MTI officers.
Faculty Representatives in each school and work location receive, on a monthly basis, updated lists of members and fair share contributors. What can you do? Share this article with fair share teachers at your work location, and have a discussion about the many rights and benefits MTI has negotiated on their behalf over the last 45 years, e.g., a never-ending salary schedule, health, dental and life insurance, due process, retirement, TERP, leaves of absence, paid sick leave, paid holidays and FMLA integration, to name a few.

Erin Richards:

acing reduced membership, revenue and political power in the wake of 2011 legislation, Wisconsin’s two major state teachers unions appear poised to merge into a new organization called Wisconsin Together.
The merger would combine the Wisconsin Education Association Council, the state’s largest teachers union, and AFT-Wisconsin, a smaller union that includes technical college, higher education and state employees, according to new draft documents.
At the same time, a national educators group that promotes itself as an alternative to unions — and has the backing of some conservative-leaning organizations — is picking up new members in Wisconsin.
The developments underscore the changing landscape for Wisconsin teachers unions since the passage of Act 10, which limits collective bargaining and makes it more difficult for unions to collect dues.
After Act 10, WEAC has lost about a third of its approximately 98,000 members and AFT-Wisconsin is down to about 6,500 members from its peak of approximately 16,000, leaders of both organizations have reported.
According to their most recent federal tax filings, WEAC collected about $19.5 million in dues in 2011, and AFT-Wisconsin collected about $2 million. Both have downsized staff and expenses.
The initial governance documents of Wisconsin Together, which include a transition document, constitution and bylaws, have been posted on AFT-Wisconsin’s website for members of both organizations to peruse. A final vote on whether to merge will be taken at a special joint assembly in Green Bay on April 26.

Madison Teachers, Inc. Solidarity Newsletter via a kind Jeanie Kamholtz email (PDF):

When a union member files a grievance it means that the member and his/her union believes that their employer has failed to live up to its end of a provision which the employer agreed to include in the Collective Bargaining Agreement. They are called “agreements” for a reason: the union and the employer pledged that what they agreed upon in negotiations is what both will live by, that it is best for the employees and the employer. A Collective Bargaining Agreement is a legally binding Contract.
Filing a grievance sets in motion a process for resolving the employee’s complaint, often a complaint which could have been resolved easily and informally through discussion. Once a grievance is filed, the union and the employer meet in a process set forth in the Collective Bargaining Agreement to discuss the reasons on which the grievance is based. When the issue cannot be resolved through discussions, the union may take the complaint to a neutral third party (an arbitrator) who will decide whether management has violated the Contract. Wisconsin law assures that union- represented employees cannot be retaliated against because of filing a grievance.
The Collective Bargaining Agreement is the Constitution of the workplace, and only unionized employees, like members of MTI, are protected by a Collective Bargaining Agreement.

Madison Teachers, Inc. Solidarity Newsletter (PDF), via a kind Jeanie Kamholtz email:

The District is currently experiencing a shortage of substitute teachers, which has led to a high number of unfilled assignments when a teacher or SEA is absent. As a result, many principals are asking teachers and other professional staff to cover for the absent teacher. When this occurs, members of MTI’s “Teacher” Bargaining Unit are likely to qualify to receive “class coverage compensation.” Class coverage pay is $22 for each hour of covering another teacher’s students. The Contract mandates that in the event a teacher’s absence cannot be covered by a substitute, volunteers must first be solicited to cover the classes. If no volunteers come forward, the building administrator can assign other certified staff.
Compensation for class coverage is provided by Section III-R of the Collective Bargaining Agreement and is paid under the following conditions:

Madison Teachers, Inc. Solidarity Newsletter, via a kind Jeannie Kamholtz email (PDF):

MTI’s Teacher Collective Bargaining Agreement provides that all members of MTI’s teacher bargaining unit will be provided with a daily duty-free lunch period of at least 30 continuous minutes. The 30 minutes cannot be abridged by one being directed to walk with students to the lunchroom.
More recently, once again, some teachers have been requested to open their classroom so students can have “a place to go”. Directing a teacher to sacrifice any portion of their 30 minute duty-free lunch period violates the Contract. If a teacher volunteers to do so, they are to be compensated at $9.10 per hour, with such computed in one-half hour lots.

Madison Teachers, Inc., via a kind Jeannie Kamholtz email (PDF):

Teachers in Madison recently received an email inviting them to join AAE, and for a very inexpensive fee. For only $15 per month, they say, one can be eligible to apply for a scholarship, receive a publication, and information on professional development. Plus, they claim none of their income will be spent on political action, and a member receives protection via liability insurance. The facts are, that none of what AAE offers is needed.

• MTI negotiates a Collective Bargaining Agreement, and enforces the Collective Bargaining Agreement via grievance and arbitration.
• MTI represents teachers who are challenged by the District.
• The District is responsible by Statute to provide liability insurance and MTI members receive additional liability coverage provided through membership as a result of MTI’s
  affiliation with WEAC & NEA.
• AAE is anti-union. They even tried to stop the Kenosha
  School Board from ratifying the new recently agreed-upon Contracts.

According to the Massachusetts Teachers Association, “The American Association of Educators, is a group backed by some of the deepest pockets in the anti-public education movement (think Koch brothers). The AAE is partnering with the National Right to Work Committee to encourage educators to give up their (Union) membership and join an organization that has affiliates covering just six states. Right-wing foundations provide nearly all of the money to (operate) the AAE Foundation.”
AAE was able to write to each Madison teacher because they obtained teachers’ email addresses via an open records request from the District.

Madison Teachers, Inc. Solidarity Newsletter, via a kind Jeannie Kamholtz email (PDF):

Last Monday’s Supreme Court hearing, scheduled for 90 minutes, went almost four hours, given numerous comments and questions from the Justices – all seven participating to some degree. The resultant responses caused tension, such as Attorney General Van Hollen’s response to Justice Ann Walsh Bradley’s comment, “aren’t the parties’ arguments like ships passing in the night?” Van Hollen retorted that the two ships, “… are on a collision course” and “the State has a bigger ship and we shall win!”
As The Progressive editor Ruth Conniff wrote of the exchange, “That pretty much sums up the Walker Administration’s attitude toward the teachers, janitors, clerks, and municipal employees it seeks to disempower through Act 10. The state is bigger and stronger, Walker, Van Hollen, and their allies argue, and will not be deterred by public outcry, mass protests, or even the courts.”
MTI legal counsel Lester Pines, when presenting the Union’s argument resurrected the ship analogy, telling Van Hollen that, “The Titanic was a big ship too, compared to the relatively small iceberg that caused it to sink.” Pines added that the administration’s Act 10, like the Titanic, has hit an iceberg, and that the iceberg in this case is the Wisconsin Constitution.
In his argument, Pines told the Court that the fundamental argument came down to Constitutional rights. Pines’ claim led to Van Hollen claiming, “There is no constitutional right to collective bargaining.”

Madison Teachers, Inc. Solidarity Newsletter (PDF), via a kind Jeannie Bettner Kamholtz:

In February 2011, Governor Walker, as he described it, “dropped the bomb” on Wisconsin’s public employees, the birthplace of public employee bargaining, by proposing a law (Act 10) which would eliminate the right of collective bargaining in school districts, cities, counties, and most of the public sector. Collective Bargaining Agreements provide employment security and economic security, as well as wage increases, fringe benefits, and as U.S. Supreme Court Justice Holmes said many years ago, an effective voice for employees in the workplace. Unions had achieved these rights and benefits in a half-century of bargaining. Ostensibly proposed to address an alleged budget shortfall, the Governor’s proposed Act 10 not only called for reductions in economic benefits for public employees (e.g. limits on employer contributions toward pensions and health care), but prohibited public employers from bargaining with nearly all public employees over any issue, other than limited wage increases, under which no employee could recover losses due to the increase in the Consumer Price Index. For example, under Act 10, teacher unions can no longer bargain over issues of school safety, class size, planning and preparation time, and health insurance; educational assistants can no longer bargain over salary progression, insurance coverage or training; clerical/technical workers can no longer bargain over work hours, vacation benefits or time off to care for sick children; and state workers can no longer bargain over whistle-blower protections. The intent of the Governor was to silence public employees on issues of primary importance to them and those they serve, and to eliminate their political activity. His stated extreme, no compromise, “divide and conquer” approach was to gain full power over employees. That resulted in MTI members walking out for four days to engage in political action. Soon thereafter thousands followed MTI members, resulting in the largest protest movement in State history.
MTI legally challenged Walker’s law and in September, 2012, MTI, represented by Lester Pines, and his partners Tamara Packard and Susan Crawford, prevailed in an action before Dane County Circuit Court Judge Juan Colas, wherein Colas found that most of Act 10 is unconstitutional. In ruling on MTI’s petition, Colas agreed that Act 10 is unconstitutional as it violates MTI members’ freedom of association and equal protection, both of which are guaranteed by the Wisconsin Constitution. This enabled MTI to bargain Contracts for its five (5) bargaining units for 2014-15. MTI’s are among the few public sector contracts in Wisconsin for 2014-15.

Ruth Conniff:

When Dane Country Circuit Court Judge Juan Colas held officials in Gov. Scott Walker’s administration in contempt this week, he was pushing back against a level of unchecked lawlessness by this administration that is “practically seditious,” says attorney Lester Pines.
Colas had already ruled a year ago that parts of Act 10 — the law that ended most collective bargaining rights for most public employees — were unconstitutional. This included Act 10’s requirement that unions hold annual recertification elections. But commissioners at the Wisconsin Employment Relations Commission decided to ignore that decision. They went ahead and prepared for recertification elections for more than 400 school district and worker unions in November.
“The commissioners knew full well” they were flouting the court, Colas said, despite their cute argument that the word “unconstitutional” applied only to the specific plaintiffs in the case — teachers in Madison and city workers in Milwaukee.
As John Matthews, executive director of Madison Teachers Inc., put it, Colas’ decision “is one of the most important decisions not only in public-sector labor history, but also in democracy.”
The principle here is simple. If a law is unconstitutional on its face, it’s unconstitutional in every case. That has always been understood in Wisconsin courts. And, Judge Colas pointed out, the Walker officials understood it, too.

Madison Teachers, Inc. Solidarity Newsletter via a kind Jeanie (Bettner) Kamholtz email (PDF):

Collective bargaining was restored for all city, county and school district employees by a Court ruling last week through application of an earlier (9/14/12) Court decision achieved by MTI. Circuit Court Judge Juan Colas found that Governor Walker’s appointees to the WERC, James Scott and Rodney Pasch, were in contempt of court “for implementing” those parts of Act 10 which he (Colas) previously declared unconstitutional, which made them “a law which does not exist”, as Colas put it.
The Judge told Scott & Pasch to comply with his finding of unconstitutionality or be punished for their contempt. They agreed to comply.
Judge Colas made his ruling on unconstitutionality on September 14, 2012. MTI was represented by its legal counsel, Lester Pines.
In the contempt claim, in addition to MTI, Pines represented the Kenosha Education Association and WEAC. The latter was also represented by Milwaukee attorney Tim Hawks, who also represented AFSCME Council 40, AFT Wisconsin, AFT nurses and SEIU Healthcare, in last week’s case. Also appearing was Nick Padway, who partnered with Pines in representing Milwaukee Public Employees Union Local 61 in the original case.
Judge Colas specifically ordered the WERC to cease proceeding with union recertification elections, which in his earlier ruling were found to be unconstitutional. Act 10 mandated all public sector unions to hold annual elections to determine whether union members wished to continue with representation by the union. Act 10 prescribed that to win a union had to achieve 50% plus one of all eligible voters, not 50% plus one of those voting like all other elections. The elections were to occur November 1.

Molly Beck:

Local teacher union officials say they are hopeful after Monday’s ruling by a Madison judge finding state labor commissioners in contempt of court for continuing to enforce collective bargaining restrictions he deemed unconstitutional last year.
Meanwhile, some area school districts are saying it’s too soon to tell if the ruling will produce new calls for negotiations.
“We are back to the point that unions and the people they represent have equal standing,” said John Matthews, executive director of Madison Teachers Inc., one of two plaintiffs that brought a lawsuit challenging Act 10, resulting in Dane County Circuit Judge Juan Colas’ 2012 decision.
The Wisconsin Employment Relations Commission had argued that decision applied just to the plaintiff unions. Colas said Monday the ruling applied statewide and the commission was purposefully ignoring it.
In Madison, teachers and the district just extended a contract through June 2015.

Madison Teachers, Inc (PDF), via a kind Jeanie (Bettner) Kamholtz email:

Several joint committees were created in the recent negotiations over MTI’s 2014-15 Teacher Collective Bargaining Agreement. The joint committees will study and potentially recommend modification of Contract terms. Each committee will report its recommendations, if any, to Superintendent Cheatham and to the MTI Board of Directors.
The Committee on Teacher Assignments will discuss potential modification of Contract Section IV-F, Teacher Assignments, Surplus, Vacancies and Transfers. MTI’s appointees are: Andy Mayhall (Thoreau), Nancy Roth (West), Karlton Porter (Cherokee) and Doug Keillor.
The Committee on Teacher Evaluation will study and make recommendations pertaining to the District’s implementation of the State-mandated teacher evaluation system, “Educator Effectiveness”. Any revisions will be incorporated into Section IV-H of the Teacher Collective Bargaining Agreement and will become effective July 1, 2014. MTI’s appointees are: MTI President Peggy Coyne (Black Hawk), Andrew McCuaig (La Follette), Kerry Motoviloff (Doyle) and Sara Bringman.
The Committee on Professional Collaboration Time will discuss implementation of the MTI/MMSD Memorandum of Understanding on High School & Middle School Professional Collaboration Time. MTI’s appointees are: Art Camosy (Memorial), Karen Vieth (Sennett), Aisha Robertson (West), and Nichole Von Haden (Sherman).
The Committee on Elementary Planning Time will discuss potential modification of Section V-I-1-d, Early Monday Release and Section V-P, Planning Time. MTI’s appointees are: Nancy Curtin (Crestwood), Greg Vallee (Thoreau), Holly Hansen (Falk) and Doug Keillor.

Andrea Anderson:

Under the new contracts clerical and technical employees will be able to work 40-hour work weeks compared to the current 38.75, and based on the recommendation of principals, employees who serve on school-based leadership teams will be paid $20 per hour.
Additionally, six joint committees will be created to give employees a say in workplace issues and address topics such as planning time, professional collaboration and the design of parent-teacher conferences.
Kerry Motoviloff, a district instructional resource teacher and MTI member, spoke at the beginning of the meeting thanking School Board members for their collective bargaining and work in creating the committees that are “getting the right people at the right table to do the right work.”
Cheatham described the negotiations with the union as “both respectful and enormously productive,” adding that based on conversations with district employees the contract negotiations “accomplished the goal they set out to accomplish.”

Pat Schneider:

“Madison is in the minority. Very few teachers are still under contract,” said Christina Brey, spokeswoman for the Wisconsin Education Association Council. Fewer than 10 of 424 school districts in the state have labor contracts with teachers for the current school year, she said Wednesday.
And while Brey said WEAC’s significance is not undermined by the slashed number of teacher contracts, at least one state legislator believes the state teacher’s union is much less effective as a resource than it once was.
Many school districts in the state extended teacher contracts through the 2011-2012 school year after Act 10, Gov. Scott Walker’s law gutting collective bargaining powers of most public employees, was implemented in 2011. The Madison Metropolitan School District extended its teacher contract for two years — through the 2013-2014 school year — after Dane County Judge Juan Colas struck down key provisions of Act 10 in September 2012.
The contract ratified by the members Monday will be in effect until June 30, 2015.

Andrea Anderson:

On Thursday, the Wisconsin Institute for Law and Liberty emailed a letter to Cheatham and the School Board warning that a contract extension could be in violation of Act 10.
Richard Esenberg, WILL president, said he sent the letter because “we think there are people who believe, in Wisconsin, that there is somehow a window of opportunity to pass collective bargaining agreements in violation of Act 10, and we don’t think that.”
If the Supreme Court rules Act 10 is constitutional all contracts signed will be in violation of the law, according to Esenberg.
Esenberg said he has not read the contract and does not know if the district and union contracts have violated collective bargaining agreements. But, he said, “I suspect this agreement does.”

Pat Schneider:

The contract does not “take back” any benefits, Matthews says. However, it calls for a comprehensive analysis of benefits that could include a provision to require employees to pay some or more toward health insurance premiums if they do not get health care check-ups or participate in a wellness program.
Ed Hughes, president of the Madison School Board, said that entering into labor contracts while the legal issues surrounding Act 10 play out in the courts was “the responsible thing to do. It provides some stability to do the important work we need to do in terms of getting better results for our students.”
Hughes pointed out that the contract establishes a half-dozen joint committees of union and school district representatives that will take up issues including teacher evaluations, planning time and assignments. The contract calls for mediation on several of the issues if the joint committees cannot reach agreement.
“Hopefully this will be a precursor of the way we will work together in years to come, whatever the legal framework is,” Hughes said.
Matthews, too, was positive about the potential of the joint committees.

Wisconsin Institute for Law & Liberty:

WILL President and General Counsel Rick Esenberg warns, “The Madison School Board is entering a legally-gray area. Judge Colas’ decision has no effect on anyone outside of the parties involved. The Madison School Board and Superintendent Cheatham – in addition to the many teachers in the district – were not parties to the lawsuit. As we have continued to say, circuit court cases have no precedential value, and Judge Colas never ordered anyone to do anything.”
He continued, “If the Madison School District were to collectively bargain in a way that violates Act 10, it could be exposed to litigation by taxpayers or teachers who do not wish to be bound to an illegal contract or to be forced to contribute to an organization that they do not support.” The risk is not theoretical. Last spring, WILL filed a lawsuit against the Milwaukee Area Technical College alleging such a violation.

The Wisconsin Institute for Law & Liberty’s letter to Madison Superintendent Jennifer Cheatham (PDF).
The essential question, how does Madison’s non-diverse K-12 governance model perform academically? Presumably, student achievement is job one for our $15k/student district.
Worth a re-read: Then Ripon Superintendent Richard Zimman’s 2009 speech to the Madison Rotary Club:

“Beware of legacy practices (most of what we do every day is the maintenance of the status quo), @12:40 minutes into the talk – the very public institutions intended for student learning has become focused instead on adult employment. I say that as an employee. Adult practices and attitudes have become embedded in organizational culture governed by strict regulations and union contracts that dictate most of what occurs inside schools today. Any impetus to change direction or structure is met with swift and stiff resistance. It’s as if we are stuck in a time warp keeping a 19th century school model on life support in an attempt to meet 21st century demands.” Zimman went on to discuss the Wisconsin DPI’s vigorous enforcement of teacher licensing practices and provided some unfortunate math & science teacher examples (including the “impossibility” of meeting the demand for such teachers (about 14 minutes)). He further cited exploding teacher salary, benefit and retiree costs eating instructional dollars (“Similar to GM”; “worry” about the children given this situation).

Madison Teachers, Inc. Solidarity Newsletter (PDF), via a kind Jeannie Kamholtz email:

n a very strong turnout – the most in many years – members of MTI’s five (5) bargaining units met last Wednesday and ratified Collective Bargaining Agreements covering the 2014-15 school year. While MTI President Peg Coyne chaired the meeting, the Presidents of each MTI bargaining unit made comments from the podium and conducted the vote by their respective bargaining units. They are: Erin Proctor (EA-MTI), Kristopher Schiltz (SEE-MTI), David Mandehr (USO-MTI) and Jeff Kriese (SSA-MTI).
For the current school year, MTI is fortunate to be one of four unions of school district employees which is able to continue to assure members of the rights, wages and benefits which they have available through MTI’s Collective Bargaining Agreements. Prior to Governor Walker’s Act 10, which he verbalized as designed to destroy negotiated contracts for public employees, all 423 school districts had Contracts with their employees’ unions. Those guarantees in MTI members’ employment are now assured through June, 2015.
MTI’s legal challenge of Act 10 continues to provide the right of all public employee unions (except State employees) to bargain. That right is because Judge Juan Colas found that Act 10, in large part, violated the Constitutional rights of employees and their unions. Unfortunately, most Wisconsin school boards refuse to honor Colas’ ruling. While the Governor has appealed Colas’ decision, the Wisconsin Supreme Court has yet to schedule oral arguments in the case. In a related case, the Commissioners of the Wisconsin Employment Relations Commission are charged with contempt of court for not abiding by Colas’ Order.

Jeff Glaze:

Madison School District teachers and staff will be covered under a collective bargaining agreement through the 2014-15, pending approval by the Madison School Board.
Madison Teachers Inc. members gathered Wednesday evening at Madison Marriott West in Middleton to ratify a one-year contract extension with the district. MTI’s five bargaining units, which include teachers, education assistants, clerical and security staff, and other district employees, all ratified the deal.
The Madison School Board will vote on the agreement Monday.
John Matthews, executive director of the union, said that pending school board approval, MTI would be the only teachers’ union in Wisconsin with a contract through the 2014-15 school year.

Related: Proposed City of Madison budget raises property taxes by 1.5%, while the Madison School District’s 2013-2014 budget increases taxes by 4.5%, after a 9% increase two years ago (and a substantial jump in redistributed state tax dollars last year).

Madison Teachers, Inc. Newsletter, via a kind Jeannie Kamholtz email (PDF):

Some principals appear to be confused about scheduling of parent-teacher conferences. The following is the AGREEMENT between MTI and the District as regards scheduling of parent-teacher conferences, and whether or not teachers are obligated to report to school on Friday, November 15.
“Section V-M of the MTI / MMSD Collective Bargaining Agreement will be implemented by evening conferences being scheduled on two evenings after the regular school day (November 12 and 14 for 2013). No school will be scheduled for Friday of the week of evening conferences. Teachers can hold conferences for parents wishing conferences, but who could not make one of the two evenings, or teachers can agree to conference with the parent(s) at another mutually agreeable time/date. Teachers who complete all conferences during the two evenings or agree to hold conferences at times other than on Friday for those parents who could not make the evening conferences, need not report to school on Friday. Teachers will not be required to be present during the parent-teacher conference day once their parent teacher conferences are complete, or are scheduled to be completed.”

Bill Roberts:

Nearly a year after voters trounced Tom Luna’s Students Come First proposals in a referendum, the state schools superintendent acknowledged he did not do enough to make the plan transparent or to involve Idahoans.
“Our plan under Students Come First was a legislative plan,” Luna said Monday in a meeting with the Idaho Statesman Editorial Board. “We had 105 (legislators) and one governor to convince.”
Voters saw it differently, and after lawmakers passed three sweeping laws that narrowed collective bargaining, instituted merit pay and would have put laptops in the hands of all Idaho high-schoolers, they knocked all three down last fall.
“What I learned … is that we should have been far more aware of a more broad discussion amongst the general public and not just focus on a strategy that would have legislative success,” Luna said.

Alan Borsuk:

I have such conflicted feelings about the war.
No, not Syria. Also not Iraq, Afghanistan or even Grenada (we won that one, remember?)
The Great Education War rages all around us. If anything, it seems to be getting more intense, and cooperation and goodwill seem to be in shorter supply.
The war has many fronts:

• Standardized testing, how much should there be, what uses should the results be put to.
• Private school voucher programs (the battle royal, especially in places such as Wisconsin).
• Charter schools (actually, a hotter fight in many places than around here).
• Teachers’ collective bargaining powers. Also teachers’ pay and pensions. Also funding and tax issues overall
• Anything that some people see as “privatization.”

War, of course, is too strong a term, if you take it literally. There is no physical fighting (thank goodness). But there are passions and intensity, and the stakes are high and the advocacy is often conducted with bare-knuckled rhetoric and uncompromising strategy. It sort of has the feeling of war.

Erin Richards:

The union representing Kenosha teachers has been decertified and may not bargain base wages with the district.
Because unions are limited in what they can do even if they are certified, the new status of Kenosha’s teachers union — just like the decertification of many other teachers unions in the state that did not or could not pursue the steps necessary to maintain certification in the new era of Act 10 — may be a moral blow more than anything else.
Teachers in Milwaukee and Janesville met the state’s Aug. 30 deadline to apply for recertification, a state agency representative says. Peter Davis, general counsel for the Wisconsin Employment Relations Commission, said the Milwaukee and Janesville districts will hold recertification votes in November.
To continue as the recognized bargaining unit in the district, 51% of the union’s eligible membership must vote in favor of recertification, according to the controversial Act 10 legislation passed in 2011.
With contracts that were in place through the end of June, teachers in the three large southeastern Wisconsin districts were protected the longest from the new legislation, which limits collective bargaining, requires unions to hold annual votes to be recognized as official entities, and mandates that teachers and other public employees pay more out-of-pocket for their health care and retirement costs.
…..
“It seems like the majority of our affiliates in the state aren’t seeking recertification, so I don’t think the KEA is an outlier or unique in this,” Brey said.
She added that certification gives the union scant power over a limited number of issues they’d like a voice in.
Sheronda Glass, the director of business services in Kenosha, said it’s a new experience for the district to be under Act 10.

Terry Flores

Contrary to some published media reports, however, the union did not vote to decertify.
In fact, no such election was ever held, according to KEA Executive Director Joe Kiriaki, who responded to a report from the Conservative Badger blog, which published an article by Milwaukee radio talk show host Mark Belling, who said he had learned that just 37 percent of the teachers had voted to reauthorize the union.
In a prepared statement, Kiriaki criticized the district for “promoting untrue information” to Belling.
Union chose to focus on other issues
Kiriaki said the union opted not to “jump through the hoops,” such as the recertification requirement, created by Act 10, the state’s relatively new law on collective bargaining.
The law, among other things required the annual re-certification of unions if they want to serve as bargaining representatives for teachers and other public workers. It also prohibits most public employees from negotiating all but base wages, limiting them to the rate of inflation.
Kiriaki cited a ruling by a Dane County Circuit Court judge on the constitutionality of Act 10, saying he believed it would be upheld.

Interestingly, Madison School District & Madison Teachers to Commence Bargaining. Far more important is addressing Madison’s long standing, disastrous reading results.
In my view, the unions that wish to serve their membership effectively going forward would be much better off addressing new opportunities, including charters, virtual, and dual enrollment services. The Minneapolis Teachers Union can authorize charters, for example.
Much more on Act 10, here.
A conversation with retired WEAC executive Director Morris Andrews.
The Frederick Taylor inspired, agrarian K-12 model is changing, albeit at a glacial pace. Madison lags in many areas, from advanced opportunities to governance diversity, dual enrollment and online opportunities. Yet we spend double the national average per student, funded by ongoing property tax increases.
An elected official recently remarked to me that “it’s as if Madison schools have been stuck in a bubble for the past 40 years”.

Solidarity PDF Newsletter:

Given MTI’s victory in Circuit Court, wherein Judge Juan Colas found Act 10 unconstitutional, MTI and the District have agreed to commence Contract negotiations (PDF).
Details of this were announced in a joint letter to all District employees last Friday from Superintendent Jen Cheatham and MTI Executive Director John Matthews. Their letter stated that, “… to be successful this year and in the years to come, District employees must have a work environment that is both challenging and rewarding, and one which includes economic and employment security”. Matthews complimented the Superintendent and Board members for their progressive philosophy in recognizing the essentials in positive employment relations.
Contracts existed in all 423 school districts at the time Act 10 was passed in 2011. Currently, workers in only four school districts enjoy the wages, benefits and rights which a Collective Bargaining Agreement provides. The current Contracts for MTI’s five bargaining units expire June 30, 2014.
The State has appealed Judge Colas’ decision. The matter will be heard by the Wisconsin Supreme Court in November or December. In his ruling, Judge Colas stated that Act 10 was passed in a very controversial manner, skipping several steps mandated by legislative rules and Wisconsin law, and that it violated public workers’ Constitutional guarantees of freedom of speech and freedom of assembly, as well as the Constitutional guaranteed Equal Protection Clause.

I wonder what the sentiment across the teacher population might be? Perhaps there have been surveys?

Madison leaders say trimming city workers’ pay might be necessary:

Scheduled pay raises for union-represented city employees may need to be trimmed to help balance the 2014 city budget, Madison Mayor Paul Soglin and City Council President Chris Schmidt said Friday.
Schmidt said he didn’t relish the step — calling city workers “already underpaid for the jobs they do” — but he argued there could be no other choice.
Revenue limits under state law, rising city costs for fuel and health insurance, and a steadfast goal to protect funding for basic city services increasingly tie the city’s hands, he said.
“It’s understandable why it’s on the table, why we’re discussing it,” he said about the possible action, in which a 3 percent raise scheduled to start in the last pay period in December could be scaled back or eliminated for many employees in March.

Andrea Anderson:

Contract talks for Madison School District employees set to start this month, letter says contract negotiations for Madison School District employees are set to begin later this month, according to a letter sent Friday to district staff by superintendent Jennifer Cheatham and Madison Teachers Inc. executive director John Matthews.
Cheatham said in a phone interview that she and employee unions will be negotiating “as soon as we can” in order to create collective bargaining agreements that will take effect after the current contracts end in June 2014.
MTI asked the district to begin collective bargaining in May, but the new superintendent wanted to adjust to her role, become acquainted with the staff and hear their requests before bargaining with the teachers union and other employee unions.
Although the timeline is unclear, Cheatham said she expects to complete the contracts “fairly quickly” while also taking time to ensure the process is done correctly and has an outcome acceptable to all parties.

Much more on the Madison School District’s 2013-2014 budget (including a 4.5 property tax increase, after 9% two years ago), here.

Pat Schneider

The Madison School Board is taking a “step in the right direction” in acknowledging the role of educational assistants in helping students succeed, says a union leader.
The 737 educational assistants in the district had been working without a pay raise since 2009 says Erin Proctor, president of their Madison Teachers Inc. collective bargaining unit.
The $433.6 million budget for the 2013-2014 school year approved Monday also includes a 1 percent salary hike for teachers and administrators. The budget will translate to a 4.47 percent increase in the property tax levy.
The pay increase will boost the starting base wage for educational assistants to $12.58 an hour which, with longevity increases, can rise to more than $20 an hour for some work assignments, according to the labor contract. But educational assistants typically don’t get as many work hours as most full-time workers do, Proctor says.

Much more on the Madison Schools’ 2013-2014 budget, here.

Madison Teachers, Inc. Newsletter via a kind Jeanie (Bettner) Kamholtz email (PDF):

WELCOME BACK!
To each and every one of the nearly 5,000 District employees who are represented by MTI, welcome, as the 2013-14 school year begins! MTI is the collective bargaining agent for all teachers and non-supervisory professional staff, educational assistants (EA-MTI), clerical/technical personnel (SEE-MTI), substitute teachers (USO-MTI), and school security assistants (SSA-MTI) who are employed by the Madison Metropolitan School District. It is the Union’s mission to negotiate the best possible Collective Bargaining Agreements, and to provide the best representation and service possible, when assisting members with any Contract or work-related matter. Contact your Union staff at MTI Headquarters (257-0491 or www.madisonteachers.org) should you have a question or need assistance with any Contract or work-related matter.
This school year will be one of challenge as MTI moves to preserve members’ wages, benefits and rights. MTI is one of the few public employee unions with contracts in place, given the devastating impact of Walker’s Act 10.
MTI Greets New Hires
Members of MTI’s Board of Directors, Bargaining Committee and Union staff greeted the District’s newly hired teachers at New Teacher Orientation last Monday. On Tuesday MTI hosted a luncheon for the 250 new members of MTI’s teacher bargaining unit.
MTI President Peg Coyne and MTI Executive Director John Matthews addressed the District’s new teachers during Tuesday’s luncheon. In doing so, Matthews provided a brief history of the Union, its reputation of negotiating outstanding Collective Bargaining Agreements which provide both employment security and economic security, and in explaining the threat to both, given Act 10, said all MTI members would need to pull together to preserve the Madison Metropolitan School District as a quality place to teach.
President Coyne gave a warm MTI welcome to those present, discussed MTI’s structure and stressed the need for member participation in political action, if public employees are to regain the right to collectively bargain and if schools are to be adequately funded.
District retiree Jan Silvers lighted up the room when discussing how her life and career was much more enjoyable and rewarding having MTI as her advocate, especially when it came to the ability to experience religious freedom and work during pregnancy. She was awarded 16 years of back pay plus interest as a result of MTI’s litigation. Teachers, through the early 1970’s, had to advise their principal “immediately upon becoming pregnant” and were obligated to resign when the pregnancy “began showing”. As a result of MTI’s accomplishments, such antiquated and degrading policies are history.

By Morris Andrews former Executive Secretary Wisconsin Education Association Council (WEAC) 1972-1992
Lost in the two-month maelstrom at the state Capitol is the role of teachers and their union, WEAC, as the chief advocates for school quality in Wisconsin. Scott Walker and the Fitzgeraids paint WEAC as a destroyer. They say eradicate WEAC, an organization they know almost nothing about except that it opposes their antisteacher agenda. Should they succeed in killing the voice of organized teachers, the real loser wilt be our public schools.
Teachers have fought hard to make schools better over the past four decades. And it was Republican and Democratic votes in support of WEAC issues that resulted in the passage of pro-education bills. Such bipartisanship is but one casualty of today’s polarized politics.
Beginning in the 1970s WEAC became a political force, mainly by deciding to start backing legislative candidates. To receive WE/C’s endorsement, a candidate had to support a list of education-related issues. Many Republicans did support these school improvement issues. And WEAC members consequently worked to help them win election or reelection. One Republican who received a WEAC endorsement was Tommy Thompson when he was in the Assembly.
Today it seems unbelievable that the 1977 collective bargaining bill now reviled by the governor passed with Republican support. At the time, there were 11 Republicans in the Senate; five of them supported the bill. When the law’s three-year trial period was about to expire, a group of Senate Republicans voted to extend it–despite a veto by Republican Governor Lee Dreyfus. Notably, Mike Ellis (then in the Assembly) was among a group of Republicans who jumped party lines on procedural votes that saved it.
Our members then also reflected views across the spectrum. They identified themselves this way: Independents, 37%; Democrats, 35%; and Republicans, 27%. This spectrum was reflected at the annual WEAC convention, held a few days before the 1976 presidential election, when Gerald Ford and Walter Mondale both spoke to the huge assembly. Today, these numbers have changed as the Republicans shift further and further to the extremes.
Did WEAC work to improve teacher pay and benefits? Yes, of course. But we were also committed to changing the wide variation in school quality from district to district.
At the top of WEAC’s school improvement list was getting a set of minimum educational standards that applied to every school district. In 1974, with Republican support, we succeeded. Today these standards are taken for granted. Among the many changes were requirements that every district must:
establish a remedial reading program for underachieving Ke3 student
offer music art, health, and physical education.
have a kindergarten for five-year olds.
ensure that school facilities are safe. (Many aging buildings were crumbling)
provide emergency nursing services.
require teachers in Wisconsin to go through continuing education and to have their licenses renewed once every five years. (Prior to enactment of minimum standards. districts were empbying unlicensed teachers for whom they secured an emergency license that they would hold year after year).
On this foundation of programs Wisconsin students rose to the top of the national ACT scores for decades.
The state Department of Public instruction (DPI), headed by State Superintendent Barbara Thompson, was charged with implementing the minimum standards. She accepted most of WEAC’s recommendations. WEAC backed Thompson, a Republican with strong GOP support for her reelection in 1977.
We sought common ground with Republicans. When Democratic Governer Pat Lucey proposed strict cost controls on school budgets in 1975, it was Republicans and Democrats in the Senate 110 coalesced with WEAC and school boards against Democrats on the Joint Finance Committee to ease the restrictions. Years later, when Republican Governor lee Dreyfus vetoed a measure to raise the cost control ceiling, the WEAC-supported override succeeded with the votes of 23 Assembly Republicans and eight Senate Republicans against the Republican governor.
As late as 1984, Wisconsin had no uniform high school graduation requirements. WEAC supported Gov. Tony Earl’s efforts requiring graduates to have a specified number of credits in English, maths science, social studies, physical education, health, and computer science.
To curb underage drinking, WEAC Joined with a coalition of organizations on a bill that gave teachers and administrators legal protection to remove students suspected of drinking from school premises and events. All Assembly Democrats and all but three Republicans voted for the bill. In the Senate all Republicans voted for it and all but two Democrats voted for it.
WEAC allied with Republicans and Democrats to repeal a longestanding provision that gave city councils in 41 of our largest cities veto power over their school boards’ budgets.
The fate of students with special needs also concerned WEAC in 1973, four years before Congress passed the federal special education law, WEAC successfully lobbied the Wisconsin Legislature for a state special education law that required every district to have a special education program. The chief sponsor was James Devitt, a Republican state senator.
In 1976, the Legislature approved WEAC-backed bills to require tests of newborns for signs of mental retardation, and require children under age five to undergo a test for visual impairment. During this time WEAC successfully supported a bill that required teachers to report suspected child abuse, which has helped protect children across the state from life-altering harm.
In the 1970s, sex discrimination in school athletics was a major issue. In most school districts many sports were for boys only. This changed after WEAC joined with women’s groups to ensure that girls who wanted to play in sports have the same opportunity as boys. There were less than half as many WIAA-sponsored statewide tournaments for girls as there were for boys 14 for boys, six for girls. WEAC filed sex discrimination lawsuits against both the Wisconsin Interscholastic Athletics Association (WIAA) and the DPI that helped correct this inequality. WEAC also convinced the Legislature to budget the additional state funding needed to add programs for girls.
Working with the Great Lakes lnter-Tribal Council, which represents Native Americans on ten reservations, WEAC successfully lobbied for a bill that provided state aid to districts that employed home/school coordinators for Native American students. And for passage of a law allowing Native Americans without certification to teach native culture and endangered native languages.
Citizens who wanted to add new or replace old school buildings asked WEAC to help them pass local bond referendums. Monroe was one district where WEAC’s help resulted in passage of a school bond for a much needed elementary school. The measure had failed in four previous elections. With WEAC help it won by a huge margin on the fifth attempt.
Property taxes are a major source of school funding. VVEAC recognized that tax increases place a burden on low income homeowners, especially retirees on fixed incomes. To help these people, we backed an expanded homestead tax-relief program. Another action in support of low income citizens was creation of the Citizens Utility Board (CUB). CUB fights for affordable electricity and telephone service on behalf of Wisconsin customers before regulatory agencies, the Legislature, and the courts. Two organizations that fought hardest for CUB were WEAC and the United Auto Workers. All Wisconsin utilities opposed it.
The key to these achievements in the 1970s and ’80s was the cooperative spirit between WEAC and politicians of both parties. People from different sides of the aisle respected and listened to one another. We socialized outside of the Capitol. We grew to like each other, even if we disagreed on political issues.
Today there is no middle ground. Compromise is deemed “caving in.” Winning is not enough for the extremists. The “enemy must be completely destroyed. But if teacher unions are silenced, who will replace them as effective advocates for students?

Jason Stein:

In just two years, spending by the state’s public employee unions on lobbyists has plummeted from the summit of Wisconsin politics, leaving business interests uncontested at the pinnacle of Capitol lobbying, a new report shows.
The figures show the Wisconsin Education Association Council, the state’s largest teacher union, spent nearly $2.1 million in the first six months of 2011 and $1 million in the first half of 2009, but a mere $84,000 in the first six months of this year. The union is spending less than one-tenth of what it once did.
The preliminary lobbying figures from the Government Accountability Board released this week are just the latest sign of the deep impact of Act 10, Gov. Scott Walker’s 2011 law repealing most collective bargaining for most public employees. The new figures on who’s lobbying state lawmakers follow a recent Milwaukee Journal Sentinel report showing that this same law had crushed the membership and finances of government labor unions as well as eliminating most of their former duties.
The Wisconsin Education Association Council was first or second in spending on lobbying in legislative sessions over the past four years and reached the height of its lobbying efforts in the first six months of 2011, as labor leaders tried feverishly but unsuccessfully to block Walker’s legislation.
But for the first six months of 2013, a critical period in which Republicans sharply expanded taxpayer-financed private voucher schools, WEAC’s lobbying spending was nothing special when compared with the other groups that have filed their lobbying reports with state officials. The once heavyweight contender now ranks 40th in the total spending at the Capitol, with its lobbying so far this year almost exactly matching the spending by two other middleweight interests: Marquette University and a conservation group.

Related:
WEAC: $1.57 million for Four Wisconsin Senators.

Christ Rickert

The Madison School District won an historic concession from its teachers union over the last two years — the ability to require that teachers pay part of their health insurance premiums.
It came as the district was quickly extending union contracts before a law eliminating most collective bargaining rights took effect, and again while that law was held up in court.
But now as the district goes about crafting a 2013-14 budget that — among other cost-savings measures — reduces maintenance spending, freezes equipment budgets and includes no money for new efforts to close the district’s achievement gap, it doesn’t appear there’s much interest in implementing the concession.
The budget proposal from new Superintendent Jennifer Cheatham doesn’t subject teachers to health insurance premiums, and that’s fine with School Board President Ed Hughes.
“Because of our recent transitions, this was not the budget to take up significant changes to our structure of salary and benefits,” he said in an email. “I and other board members are looking forward to an in-depth review of salary and benefit levels as part of next year’s budget, when we’ll have the benefit of input from Jen Cheatham and (assistant superintendent for business services) Mike Barry, as well as from our affected teachers and staff. I’m sure that health insurance contributions will be part of that discussion.”
“Recent transitions” didn’t keep Cheatham from proposing changes to the district’s salary schedules, though.

Madison’s expensive approach to healthcare benefits are not a new subject.
Much more on the Madison School District’s 2013-2014 plans for spending and property tax increases, here.
Mr. Hughes in 2005

Bill Glauber:

ines helped spearhead the legal challenge against Act 10, which curtailed collective bargaining for most public sector workers. In a case involving Madison Teachers Inc. and Public Employees Local 61 in Milwaukee, a Dane County circuit judge struck down portions of the law.The case now goes to the state Supreme Court.
In another case involving Pines and Madison Teachers Inc., a Dane County judge struck down a portion of a law that gave Walker the power to veto rules written by the state schools superintendent. The case is now before the 4th District Court of Appeals in Madison.
Pines, representing the League of Women Voters, successfully argued in front of a Dane County judge that the state’s voter ID law violated the Wisconsin Constitution. The decision was overturned by the 4th District Court of Appeals, and the league has petitioned the Supreme Court to review the ruling. The voter ID measure remains on hold because of a ruling in a separate case.
“I believe that my law firm — because of the position we’re in and because of the work we’ve done — has disrupted the (Walker) agenda by using appropriate means and calling on the third equal branch of government (the court) to stop the majoritarian and authoritarian impulses of this Legislature,” he says.
The outcome of the cases is far from certain. But one thing is clear: Pines will keep up the fight.

Much more on Act 10, here.

Seattle Schools:

Each year, the Board of Directors performs a formal evaluation of the Superintendent’s performance. The evaluation is based upon goals adopted by the School Board in November 2012.
These evaluation criteria focus on five areas:
Hire, Develop and Strengthen Leaders: Teacher/Principal and Central Staff evaluations; Hire quality leadership to fill vacant positions; professional development
Raising expectations and improving academic performance and opportunities of all students: narrow achievement gaps, growth for English Language Learners; implementation of Common Core State Standards;
Building relationships with selected stakeholders to connect them to our schools: Family engagement, Labor Partners and community based organizations.
Governance Team Priorities and Areas of Continuing Emphasis: Develop a plan for BEX IV and EP&O levies; a framework and process for collective bargaining; bring professional growth and Evaluation system to scale; develop community outreach for the strategic plan; develop the Equitable Access Framework; develop student support strategies; expand the transparency of district decision-making
Core Competencies: Collaboration; Getting Results, Decision Quality and Problem Solving, Integrity, Accountability, and Fiscal Responsibility
The Superintendent was evaluated based upon the agreed on evaluation criteria. The Superintendent issued a report to the Board, which is attached, detailing performance during the last year.
The District retained Robin Boehler, of Mercer Island Group, to facilitate the evaluation process. Ms. Boehler interviewed each Director, as well as the key senior staff.
The evaluation ratings of Mr. Banda were evaluated using a numeric rating system. These are the same ratings used for classified employees in the District. The ratings were made using a five point rating system with a numeric rating of five as “Outstanding”; four is described as “Exceeds Expectations”, three is described as “Meets Expectations”, two is “Below Expectations” and one is “Unsatisfactory”.

Melissa Westbrook has more.