Oakland teachers vote to authorize strike

OaklandOAKLAND — An overwhelming number of voting teachers authorized the Oakland teachers union to call a strike if salary negotiations break down with the school district, which already is facing another major disruption in the form of a $30 million budget deficit.

The 3,000 members of the Oakland Education Association voted from Jan. 29 through Feb. 1. Of the 84 percent of union members voting, 95 percent approved authorizing union leaders to call a strike if necessary, union president Keith Brown announced Monday.

“This is a clear message that our members are ready to fight for the schools our students deserve,” Brown said. No date was set, but the union expects if a strike were to occur it would happen by the end of the month.

Oakland Unified spokesman John Sasaki said Monday the district hopes that it doesn’t come to that. Though substitutes would be brought in to cover for striking teachers, a strike could be very disruptive to students, especially those preparing for end-of-the-year exams. …

Click here to read the full article from the East Bay Times

L.A. Teachers Strike To Preserve Their Ruinous Monopoly

Teachers unionLast week, 31,000 Los Angeles Unified School District teachers represented by the United Teachers of Los Angeles (UTLA) union went on strike for the first time in 30 years.

Substitute teachers and administrators make up a skeleton crew that is keeping schools open, and about one-third of the 640,000 district students are attending class.

The strike is exacting a tremendous toll on parents, many of whom are poor and who must decide whether to take time off of work to care for their children or send their children to grossly understaffed schools.

The issues underlying the strike highlight the challenges facing public school administration, teacher unions and school funding, and shows what must change if U.S. public schools are to increase student achievement.

The strike is about teacher pay, classroom size and increasing the number of school support staff, including counselors, librarians and nurses. But at a deeper level, the strike is really about suppressing the state’s charter schools, which are the major competition facing traditional schools.

Charter schools, which grew out of interest in having public alternatives to traditional schools, began in 1992 and now enroll over 600,000 students within California. Charters have become increasingly popular, and their number has doubled over the last decade. …

Click here to read the full article from The Hill

Are LAUSD Teachers Underpaid, or Does it Cost Too Much to Live in California?

Teachers in the nation's second-largest school district will go on strike as soon as Jan. 10 if there's no settlement of its long-running contract dispute, union leaders said Wednesday, Dec. 19. The announcement by United Teachers Los Angeles threatens the first strike against the Los Angeles Unified School District in nearly 30 years and follows about 20 months of negotiations. (AP Photo/Damian Dovarganes) ORG XMIT: CADD303

In California, public sector unions pretty much run the state government. Government unions collect and spend over $800 million per year in California. There is no special interest in California both willing and able to mount a sustained challenge to public sector union power. They simply have too much money, too many people on their payroll, too many politicians they can make or break, and too much support from a biased and naive media.

The teachers strike in Los Angeles Unified School District cannot be fully appreciated outside of this overall context: Public sector unions are the most powerful political actor in California, at the state level, in the counties and cities, and on most school boards, certainly including the Los Angeles Unified School District. With all this control and influence, have these unions created the conditions that feed their current grievances?

The grievances leading the United Teachers of Los Angeles to strike center around salary, class sizes, and charter schools. But when the cost of benefits are taken into account, it is hard to argue that LAUSD teachers are underpaid.

According to the Los Angeles County Office of Education, the median salary of a LAUSD teacher is $75,000, but that’s just base pay. A statement by LAUSDin response to a 2014 report on LAUSD salaries challenged the $75,000 figure, claiming it was only around $70,000. They then acknowledged, however, that the district paid $16,432 for each employee’s healthcare in 2013-14, and paid 13.92 percent of each teachers salary to cover pension contributions, workers comp, and Medicare. That came up to $96,176 per year.

The Cost of Benefits is Breaking Education Budgets

This average total pay of nearly $100K per year back in 2013-14 is certainly higher today – even if salaries were not raised, payments for retirement benefits have grown. For their 35,000 employees, LAUSD now carries an unfunded pension liability of $6.8 billion, and their OBEB unfunded liability (OPEB stands for “other post employment benefits,” primarily retirement health insurance) has now reached a staggering $14.9 billion. CalSTRS, the pension system that collects and funds pension benefits for most LAUSD employees, receives funds directly from the state that, in a complete accounting, need to also count towards their total compensation. And CalSTRS, as of June 30, 2017 (the next update, through 6/30/2018, will be available May 2019), was only 62 percent fundedSixty-two percent!

The reason to belabor these unfunded retirement benefits is to make it very clear: LAUSD paying an amount equivalent to 13.92 percent of each employees salary into the pension funds isn’t enough. What LAUSD teachers have been promised in terms of retirement pensions and health insurance benefits requires pre-funding far in excess of 13.92 percent. To accurately estimate how much they really make, you have to add the true amount necessary to pay for these pensions and OPEB. This real total compensation average is well over $100K per year.

To put LAUSD teacher compensation in even more accurate context, consider how many days per year they actually work. This isn’t to dispute or disparage the long hours many (but not all) teachers put in. A conscientious teacher’s work day doesn’t begin when the students arrive in the classroom, or end when they leave. They prepare lesson plans and grade homework, and many stay after regular school hours to assist individual students or coordinate extracurricular activities. But teachers working for LAUSD only work 182 days per year. The average private sector professional, who also tends to put in long hours, assuming four weeks of either vacation or holidays, works 240 days per year – 32 percent more. The value of all this time off is incalculable, but simply normalizing pay for a 182 day year to a 240 day year yields an average annual pay of not $100K, but $132K. Taking into account the true cost of pensions and retirement healthcare benefits, much more than $132K.

This is what the LAUSD teachers union considers inadequate. If that figure appears concocted, just become an independent contractor. Suddenly the value of employer paid benefits becomes real, because you have to pay for them yourself.

California’s Ridiculously High Cost-of-Living

If a base salary of over $70,000 per year, plus benefits (far more time off each year, pensions far better than Social Security, and excellent health insurance) worth nearly as much, isn’t enough for someone to financially survive in Los Angeles, maybe the union should examine the role it played, along with other public sector unions, in raising the cost-of-living in California.

Where was the California Teachers Association when restrictive laws such as CEQAAB 32SB 375 were passed, making housing unaffordable by restricting supply? What was the California Teachers Association stance on health coverage for undocumented immigrants, or sanctuary state laws? What did they expect, if laws were passed to make California a magnet for the world’s poor? Don’t they see the connection between 2.6 million undocumented immigrants living in California, and a housing shortage, or crowded classrooms? Don’t they see the connection between this migration of largely destitute immigrants who don’t speak English, and the burgeoning costs to LAUSD to provide special instruction and care to these students?

From a moral standpoint, how, exactly, does it make the world a better place, when for every high-needs immigrant student entering LAUSD schools, there are ten thousand high-needs children left behind in the countries they came from, as well as less resources for high-needs children whose parents have lived in California for generations?

When you make it nearly impossible to build anything in California, from housing to energy and water infrastructure, and at the same time invite the world to move in, you create an unaffordable state. When California’s state legislature passed laws creating this situation, what was the position of California Teachers Association? Need we ask?

The Union War Against Education Reform

Charter schools, another primary grievance of the UTLA, is one of the few areas where politicians in California’s state legislature – nearly all of them Democrats by now – occasionally stand up to the teachers unions. But why are charter schools so popular? Could it be that the union controlled traditional public schools are failing students, making charter schools a popular option for parents who want their children to have a better chance at a good education?

Maybe if traditional public schools weren’t held back by union work rules, they would deliver better educational results. The disappointing result in the 2014 Vergara vs. California case provides an example. The plaintiffs sued to modify three work rules, (1) a longer period before granting tenure, (2) changing layoff criteria from seniority to merit, and (3) streamlined dismissal policies for incompetent teachers. These plaintiffs argued the existing work rules had a disproportionate negative impact on minority communities, and proved it – view the closing arguments by the plaintiff’s attorney in this case to see for yourself. But California’s State Supreme Court did not agree, and California’s public schools continue to suffer as a result.

But instead of embracing reforms such as proposed in the Vergara case, which might reduce the demand by parents for charter schools, the teachers union is trying to unionize charter schools. And instead of agreeing to benefits reform – such as contributing more to the costs for their health insurance and retirement pensions – the teachers union has gone on strike.

Financial reality will eventually compel financial reform at LAUSD. But no amount of money will improve the quality of LAUSD’s K-12 education, if union work rules aren’t changed. The saddest thing in this whole imbroglio is the fate of the excellent teacher, who works hard and successfully instructs and inspires their students. Those teachers are not overpaid at all. But the system does not nurture such excellence. How on earth did it come to this, that unions would take over public education, along with virtually every other state and local government agency in California?

L.A. Teachers Proceeding With Monday Strike Plan

Teachers in the nation's second-largest school district will go on strike as soon as Jan. 10 if there's no settlement of its long-running contract dispute, union leaders said Wednesday, Dec. 19. The announcement by United Teachers Los Angeles threatens the first strike against the Los Angeles Unified School District in nearly 30 years and follows about 20 months of negotiations. (AP Photo/Damian Dovarganes) ORG XMIT: CADD303

Without any new proposals from Los Angeles Unified School District officials coming over the weekend, the union representing 34,000 district educators is moving forward with a strike set for Monday morning, Jan. 14.

Calling the offer on Friday by district officials unacceptable, Alex Caputo-Pearl, United Teachers Los Angeles president, said the union was engaged in a “battle for the soul of education” at a news conference Sunday afternoon at union headquarters near downtown Los Angeles.

“We are more convinced than ever that the district won’t move without a strike,” Caputo-Pearl said as he was flanked by roughly two dozen teachers, parents and students.

“Let’s be clear, teachers do not want a strike. Teachers strike when they have no other recourse,” he said.

Union leaders illustrated four demands that remained unresolved Sunday. They included a cap on class sizes, providing a full-time nurse in every school, reforming co-location policies and improving special education. …

Click here to read the full article from the L.A. Daily News

Teachers’ Unions Appalled at Idea of Paying Teachers Like Rock Stars

TeacherIf you’re looking for a stellar example of teachers’ unions ongoing commitment to mediocrity or worse, then you need only look at their reaction to California GOP gubernatorial candidate John Cox’s idea of paying top-notch teachers much higher salaries – perhaps even rivalling those earned by ballplayers and rock stars. The unions, of course, pan the idea. One union official told the Sacramento Bee that “education should not be a competitive endeavor.”

Cox seemed to suggest in a statement to the newspaper that he engaged in some hyperbole: “Of course our teachers will never approach the pay of a Beyonce or a Lebron, but quite frankly, our classroom teachers influence, inspire and change the arc of more lives than even these music and athletic superstars.” But his idea of instituting a form of merit pay makes a lot of sense. Despite the naysaying, every successful enterprise is, to some degree, competitive.

Merit pay is a simple concept. It allows school administrators to pay good, effective teachers more than mediocre or poor-performing teachers. It allows signing bonuses and performance-based rewards. The obvious corollary is that it also allows them to pay bad or incompetent teachers lower salaries. In a truly competitive educational model that goes beyond this simple idea, school officials could even – get this – demote, discipline or fire teachers who aren’t making the grade. That’s how it works in almost any private business, and even private schools.

In the current public-school system, however, pay is based on seniority. A school teacher who has been just occupying a chair for decades, must be paid better than a young go-getter. A teacher who is willing to ply his or her skills in a tough, low-performing urban school must be paid the same as a teacher on autopilot in a wealthy suburban district, where the challenges are less severe and the stakes not as high. In times of layoffs, that energetic tough student working a hard gig must be laid off first, thanks to something known as LIFO, or “Last In, First Out.”

In the current, union-controlled monopoly system school administrators are not free to recruit the best and brightest talent from other industries because, well, they can’t pay enough to lure them out of more lucrative fields. And anyone who wants to be a regular, full-time teacher in California’s public schools must go through the long, expensive and mind-numbing process of getting an education degree. (Did I mention that those who receive such degrees tend to come from the bottom rungs of the academic ladder, according to numerous studies?)

To make matters worse, it’s nearly impossible to fire public-school teachers provided they show up for the job. School districts have “rubber rooms,” where teachers deemed unfit for the classroom twiddle their thumbs and collect full pay and benefits while their cases are adjudicated for months and even years given all the union protections against firing. It can cost school districts hundreds of thousands of dollars to go through the firing process, so most don’t bother.

That leads to an annual, cynical process called the “dance of the lemons.” As Peter Schweizer explained for the Hoover Institution, “Often, as a way to save time and money, an administrator will cut a deal with the union in which he agrees to give a bad teacher a satisfactory rating in return for union help in transferring the teacher to another district. The problem teacher gets quietly passed along to someone else. Administrators call it ‘the dance of the lemons’ or ‘passing the trash.’” These cases usually involve teachers accused of some terrible action, but it’s functionally impossible to get rid of or pass along teachers who are merely incompetent. I recall when John Stossel showed a long flow chart of how to fire a teacher in New York City. The audience was stunned. Then Stossel, held up more pages of the chart. It’s crazy and the results are insane.

In 2012, nine California public-school students filed a lawsuit against California and the CTA arguing that the state’s system of teacher protections violates the state constitution’s promise of an “effective” education. Los Angeles County Superior Court Judge Rolf Treu ruled on behalf of the students. He invalidated teacher tenure and other work rules because they assured that a percentage of “grossly ineffective” teachers would be left in the classroom, wreaking havoc on the future of many thousands of students, especially those in poor school districts.

In his decision, Treu noted that “an expert called by (California school administrators), testified that 1 – 3 percent of teachers in California are grossly ineffective. Given that the evidence showed roughly 275,000 active teachers in this state, the extrapolated number of grossly ineffective teachers ranges from 2,750 to 8,250.” That’s a lot of bad teachers, and a depressing number of students who suffer in their classrooms. But Treu’s decision was overturned on appeal, and the appeal was upheld by the California Supreme Court. But the facts are the facts, even if the court was unwilling to back a decision to shake up the state’s public-education system.

This is what happens when the educational system is not a “competitive endeavor,” but rather a union-controlled, government monopoly. It means that good teachers cannot be rewarded. Great teachers cannot easily be recruited. Grossly ineffective teachers cannot easily be removed. And mediocre ones have few incentives to improve. Imagine how this system would work in your particular profession or business. How well would it do if the worst are protected, the best are neglected and the so-so ones are rewarded?

In the news story, candidate Cox didn’t get into the details of the hiring/firing process, but his merit-pay idea should be widely applauded. Yet on its website, the California Teachers’ Association says that “merit pay is flawed in concept. Where it has been tried, it has proved to be a detriment rather than a stimulus to better education. CTA is open to consideration of alternative pay plans as determined by the local associations through the collective bargaining process.”

As a final note, the debate over merit pay reinforces the wisdom of the U.S. Supreme Court’s recent Janus decision, which declared that teachers and other public employees are not required to pay union dues even to support collective-bargaining purposes. Justice Samuel Alito, wrote for the majority that such bargaining often involved “fundamental questions of education policy,” so it’s antithetical to the First Amendment to compel people to support ideas to which they don’t agree.

“Should teacher pay be based on seniority, the better to retain experienced teachers?” Justice Alito asked. “Or should schools adopt merit-pay systems to encourage teachers to get the best results out of their students?” Public-school teachers no longer are forced to subsidize the opposition to merit pay and to reforms to the current tenure and seniority based system, but there’s still a long process ahead to move toward the idea that Cox touted.

Steven Greenhut is a contributing editor for the California Policy Center. He is Western region director for the R Street Institute. Write to him at sgreenhut@rstreet.org.

This article was originally published by the CA Policy Center

Why Teachers Unions are the Worst of the Worst

Teachers unionWhen considering the influence of unions on American society, there are vast differences depending on what type of union one considers.

Private sector unions, for all the criticisms they may deserve, have nonetheless played a vital role in securing rights for the American worker. Subject to appropriate regulations, private sector unions have the opportunity to continue to play a vital role in American society. If they would bother to embrace the aspirations of their members, instead of the multinational corporations their leaders now apparently collude with, they might even support immigration reform. That would elevate the wages and benefits of all American workers, especially those doing low paying jobs.

Public sector unions, on the other hand, should be illegal. They negotiate with elected officials who they help elect. They negotiate for a share of coerced tax revenue, rather than for a share of profits, meaning there are no competitive checks on how much they can demand. The agenda of public sector unions is inherently in conflict with the public interest. But given the reality of public sector unions, it is important to recognize that some public sector unions are worse than others.

Public safety unions, for example, have successfully lobbied for pension benefits that are not sustainable. This calls for a difficult but necessary economic discussion that can only end two ways – either these pension benefits are going to be reduced, or cities and counties across California and elsewhere will go bankrupt in the next major recession. But public safety unions have not undermined their profession the way the teachers unions have.

The teachers unions are guilty of all the problems common to all public sector unions. They, too, have negotiated unsustainable rates of pay and benefits. They, too, elect their own bosses, negotiate inefficient work rules, have an insatiable need for more public funds, and protect incompetent members. But the teachers union is worse than all other public sector unions for one reason that eclipses all others: Their agenda is negatively affecting how we socialize and educate our children, the next generation of Americans.

Work Rules Harm Public Schools

One of the most compelling examples of just how much harm the teachers union has done to California’s schools was the 2014 case Vergara vs. the State of California. In this case, attorneys representing public school students argued that union negotiated work rules harmed their ability to receive a quality education. In particular, they questioned rules governing tenure (too soon), dismissals (too hard), and layoffs (based on seniority instead of merit). In the closing arguments, the plaintiff’s lead attorney referenced testimony from the defendant’s expert witnesses to show that these and other rules had a negative disproportionate impact on students in disadvantaged communities.

Despite winning in the lower courts, the Vergara case was eventually dismissed by the California Supreme Court. Teachers still get tenure after less than two years of classroom observation. Incompetent teachers are still nearly impossible to fire. And whenever it is necessary to reduce teacher headcount in a district, the senior teachers stay and the new teachers go, regardless of how well or poorly these teachers were doing their jobs. The consequences of these self-serving work rules are more than academic.

The evidence that California’s public schools are failing is everywhere. Los Angeles, a city whose residents are – perhaps more than anywhere else – representative of America’s future, is home to the Los Angeles Unified School District (LAUSD), with 640,000 K-12 students. And as reported earlier this year in the LA School Report, according to the new “California School Dashboard,” a ratings system that replaced the Academic Performance Index, LAUSD is failing to educate hundreds of thousands of students. In the most recent year of results, 52 percent of LAUSD’s schools earned a D or F in English language arts, and 50 percent earned a D or F in math. Fifty percent of LAUSD’s schools are failing or nearly failing to teach their students English or math.

Attack Innovative Charter Schools

In the face of failure, you would think LAUSD and other failing school districts would embrace bipartisan, obvious reforms such as those highlighted in the Vergara case. But instead, these unions are relentlessly trying to unionize charter schools, which would force those schools to adhere to the same union work rules. In Los Angeles, the Alliance Network of charter schools has delivered demonstrably better educational outcomes for less money, while serving nearly identical student populations.

How does it help to impose union work rules on charter schools that are succeeding academically? How does that help the children who are America’s future?

A Left-Wing Political Agenda

The other way the teachers union is unique among public sector unions is their hyper-partisanship. Despite and often in defiance of their memberships, nearly all unions are left-wing partisan organizations. Nearly all of them support left-wing causes and Democratic political candidates. But the teachers unions do so with a zeal that dwarfs their counterparts. Larry Sand, a former LAUSD teacher and prolific observer of teachers union antics, has spent years documenting their left wing agenda.

For example, reporting on the annual conventions of the two largest national teachers unions, Sand writes: “The National Education Association convention at the beginning of the month gave us a clue which theory would become reality when the union passed quite a few über liberal New Business Items, maintained its lopsided leftward political spending, and gave rogue quarterback Colin Kaepernick a human rights award. And here in the Golden State, the California Teachers Association continues its one-way spending on progressive initiatives and endorsed 35 state legislators in the June primary – all Democrats.

A week after the NEA convention, the other national teachers union, the American Federation of Teachers held its yearly wingding and left absolutely no doubt as to its future political direction. The resolutions passed by the union at the convention would make any socialist proud. Universal health care – whether single-payer or MediCare for All, full public funding for, and free tuition at all public colleges and universities, and universal, full-day, and cost-free child care are what AFT wants for the country. Additionally, the union resolved to double per-pupil expenditures for low-income K-12 districts and to ‘tax the rich’ to fully fund ‘IDEA (Individuals with Disabilities Education Act), Title I and state allocations to public colleges and universities.’”

Left-Wing Student Indoctrination

This left-wing political agenda finds its way into the classroom, of course. At the same time as California’s K-12 public school students are not being effectively taught English or math skills, they are being exposed to agenda-driven political and cultural indoctrination.

Again, as documented by Larry Sand: “Nor are textbooks safe. Communist and notorious America-hater Howard Zinn’s “A People’s History of the United States” is assigned in many high school history classes. Zinn felt that the teaching of history “should serve society in some way” and that “objectivity is impossible and it is also undesirable.” As a Marxist, he’d prefer a society that resembles Stalin’s Russia. Additionally, Pacific Research Institute’s Lance Izumi notes that pages and pages of the latest California History, Social Science Framework ‘are devoted to identity politics, and the environmentalist, sexual, and anti-Vietnam War movements, with detailed and extensive bibliographical references. In contrast, the contemporaneous conservative movement, which succeeded in electing Californian Ronald Reagan as president, with its complex mixture of social, economic and national security sub-movements, is given cursory and passing mention, with no references provided.’”

Public sector unions are going to be with us for a long time. But in the wake of the Janus ruling, members who don’t agree with the political agenda of these unions can quit, depriving them of the dues that – to the tune of nearly a billion per year just in California – make them so powerful.

Teachers, in particular, should carefully consider this option. America’s future depends on it.

Ed Ring is the co-founder of the California Policy Center and served as its first president.

L.A. teachers union schedules strike authorization vote

UTLAThe Los Angeles teachers union announced Friday that it has scheduled a strike-authorization vote for later this month.

A strike would not be automatic, even if a majority of members vote yes. But such a result would give union leaders the authority to call a strike without returning to members for another vote. Having members authorize a strike is a well-established pressure tactic, and once in a while, a strike does occur.

United Teachers Los Angeles scheduled the vote after the state’s Public Employment Relations Board agreed with the union that talks were deadlocked.

Other district employee unions have reached deals that provide for about a 6% raise over three years. L.A. Unified has yet to offer that much to teachers, but that’s clearly where officials want to end up. …

Click here to read the full article from the L.A. Times

How Government Unions Will Attack the Janus Ruling 

Teachers unionThis week, the U.S. Supreme Court issued their decision in the landmark case Janus vs. AFSCME, ruling that public sector unions can no longer force public employees to pay union dues. Janus argued that even so-called “agency fees,” which unions claim are only for collective bargaining and are therefore non-political, are, in fact, inherently political. As a result, Janus argued that mandatory collection of agency fees violated his first amendment right to free speech.

The court agreed, writing “union speech covers critically important and public matters such as the State’s budget crisis, taxes, and collective bargaining issues related to education, child welfare, healthcare, and minority rights.” We might add that public sector collective bargaining also affects work rules, hirings, terminations and promotions, ‘non-political’ lobbying, get-out-the-vote efforts, funding for educational public relations and academic studies; the list goes on.

Public sector union spending is indeed inherently political, and it is also intensely partisan, overwhelmingly supporting the party of bigger government.

While it was generally expected that the court would rule in favor of the plaintiff, Mark Janus, it was uncertain whether the scope of the ruling would extend to mandating opt-in vs. opt-out. Currently, for that portion of government union dues that are declared by the union to be used for explicitly political purposes – roughly 20% to 30% – members have to go through a laborious and intimidating “opt-out” process. Even as Janus extends that opt-out right to cover all dues, including agency fees, it can still be very difficult for public employees to stop paying these unions.

As it turns out, the court’s decision takes the further step of requiring public employees to opt-in to paying union dues. The court writes, “Accordingly, neither an agency fee nor any other form of payment to a public-sector union may be deducted from an employee, nor may any other attempt be made to collect such a payment, unless the employee affirmatively consents to pay.” That is, instead of employees having to ask the union to stop withholding dues, now the union has to ask the employee to start withholding dues.

This is a major enhancement to the scope of the Janus decision, but government unions are working to minimize its impact.

HOW THE UNIONS WILL USE CONTRACTS TO GET EMPLOYEES TO WAIVE THEIR “OPT-IN” RIGHTS

A critical variable, not clearly addressed in today’s Janus decision, is when, and how often, an employee must “affirmatively consent to pay.” Related to this, and also requiring expert legal interpretation, is how requiring an employee to “affirmatively consent to pay” may conflict with contract law. What if the employee waives that right when signing an employment agreement? What if that waiver is buried in a more general employment agreement? Is that enforceable?

Take a look at this actual example of an actual recent agreement between an employee and their government union:

As can be seen, this contract has been modified to read “if I rescind my membership and if existing law changes so that non-members are no longer required by law to contribute, I agree that the contributions authorized above shall continue and this authorization shall automatically renew annually, irrespective of my membership status, unless and until I submit a timely signed revocation of this authorization. To be timely, a revocation must be mailed to OCEA’s office, postmarked between 75 and 45 days before such annual renewal date.”

Has an employee who signs this form, likely along with countless other forms they’ll sign on the first days of their initial employment, from then on permanently waived their right to only opt-in to dues payments? If you opt-in one time, are you stuck having to opt-out from then on? Every year?

To ensure that contracts such as the one featured here are signed, California’s union compliant legislature offers SB 285 and AB-2017, bills that make it difficult, if not impossible, for employers – or anyone else – to discuss the pros and cons of unionization with employees. These bills also refer any alleged violations to the union-packed Public Employment Relations Board instead of the courts.

Then to make the contractually mandated, Janus altering, opt-out process even more difficult, AB 1937 and AB-2049 prohibit local government agencies from unilaterally honoring employee requests to stop paying union dues.

There is an even more fundamental way the unions will try to obliterate the impact of the Janus ruling.

UNIONS MAY ATTEMPT TO FORCE STATE AND LOCAL GOVERNMENTS TO DIRECTLY FUND UNIONS

Some government union advocates have already begun legal research into removing government union funding from any direct relationship to individual government employees. In an 6/27 article on Vox entitled “How Democratic lawmakers should help unions reeling from the Janus decision,” the author argues that since unions only extract around 2% of wages, and since studies show that unionization confers a 17% better wage and benefit package, the employer should simply turn over 2% of total wages to the unions, rather than deduct 2% from individual paychecks. They write: “But if public employers simply paid the 2 percent directly to the unions – giving the same 15 percent raise to employees but not channeling the extra 2 percent through employee paychecks – then there would be no possible claim that employees were being compelled to do anything, and thus no constitutional problem.”

An article published today in Slate makes a similar argument. The authors write: “States can replace their fair-share fee laws with provisions that require or allow public sector employers to subsidize unions directly.” They even claim that such a measure would reduce employee’s tax liabilities since their taxable income would be cut by 2% in order to fund the state’s direct union contribution in a “revenue neutral” manner. To support their argument for this “direct payment alternative” the authors cite a law review article published in 2015 by law professors Aaron Tang of UC Davis, and Benjamin Sachs of Harvard.

The political power of public sector unions in California and other blue states is almost impossible to overstate. Returning governance to elected officials by rolling back the power of these unions will be a long and difficult fight. The highly visible steps the unions are taking or testing – the direct payment alternative, contracts that temporarily or permanently waive an employee’s right to free speech, forced dues for up to one year after opting-out – can be challenged in court. They may also be politically unpopular – direct payments in particular would be a hard sell to voters.

The more subtle ways unions are buttressing their power in the post Janus environment may be harder to stop, and collectively create daunting barriers to reform. Examples including denying right-to-work and pro-free-speech groups access to public employees, forbidding employers to discuss pros and cons of unionization, mandatory new employee “orientations” with union membership commitments filled with fine print and buried in multiple documents requiring a signature, handing dispute resolutions over to the union-packed PERB instead of the courts, broadening the base of employees eligible to join the unions.

To paraphrase Winston Churchill, for government union reformers the post-Janus era “is not the end. It is not even the beginning of the end. But it is, perhaps, the end of the beginning.”

REFERENCES

16-1466 Janus v. State, County, and Municipal Employees (06/27/2018) – US Supreme Court

California’s Government Unions Take Steps to Obliterate Janus Impact – CPC Analysis

A Catalog of California’s Anti-Janus Legislation – CPC Analysis

United Teachers Los Angeles wants respect … and money

LAUSD school busAt the behest of the United Teachers of Los Angeles, thousands of educators took to the streets in downtown L.A. on May 24th to demand respect for what they do. But the respect the teachers union is seeking is essentially about money. Claiming that public education is “criminally underfunded,” the union’s leadership is insisting on a pay raise, smaller classes, and several other demands that will further burden taxpayers.

First, California is in the middle of the pack nationally, spending $11,495 per-pupil in 2016. Regarding salaries, rookie teachers in the Los Angeles Unified School District currently make $50,368, while the average pay is $75,504, according to the Los Angeles Daily News.

But looking only at salaries is deceptive. Using U.S. Department of Labor data, researcher James Agresti explains that benefits — health insurance, paid leave, and pensions — typically comprise 33 percent of compensation for public school teachers. Including these perks, the average compensation for a teacher in L.A. jumps to about $113,000 per annum. Not too shabby — but wait, there’s more. The old union ploy of comparing the pay of teachers to private industry employees is bogus. As Agresti points out, the latter work on average 37 percent more hours per year than public school teachers, and this includes the time that teachers spend on lesson preparation, grading tests, etc. …

To continue reading, go to https://www.ocregister.com/2018/06/08/united-teachers-los-angeles-wants-respect-and-money/

Unions defend recent strikes — but voters should make up their own minds

Teachers unionIn a USA Today op-ed last month, American Federation of Teachers president Randi Weingarten defended the teachers’ strikes in West Virginia, Oklahoma, Kentucky, Arizona, and Colorado, by sketching a familiar hero-villain scenario. “Teachers are standing up for their students and themselves against largely red states with weak labor laws and where governors and legislators have opted for tax cuts for the wealthy instead of investments for children,” she wrote. Pointing to the Janus v. AFSCME Supreme Court case, which she portrayed as a right-wing ploy to “get public sector unions out of politics,” Weingarten proclaimed, “Teachers’ voices — and their votes — are powerful, and educators have parents and communities supporting them.”

Some voters may be persuaded by the argument that teachers are picketing for more money “for children,” but they would be better off looking at some basic facts. While teachers in some cases are underpaid and certain school districts underfunded, teachers on the whole, according to researcher James Agresti, get paid much better than commonly acknowledged. For the 2016–2017 school year, the average salary of full-time public school teachers was $58,950. That figure excludes benefits such as health insurance, paid leave, and pensions, which, according to the U.S. Department of Labor, make up an average of 33 percent of total compensation for public school teachers. When benefits get added in, teachers’ average annual compensation jumps to $87,854. And even that amount doesn’t include unfunded pension liabilities and certain post-employment benefits like health insurance, not measured by the Labor Department. Private-industry employees work an average of 37 percent more hours per year than public school teachers, including the time that teachers spend for lesson preparation, grading, and other activities. “Unlike less rigorous studies, this data from the DOL is based on detailed records of work hours instead of subjective estimates about how long people think they work,” Agresti adds.

Teachers aren’t just well compensated; they’re also more numerous than ever before, especially in proportion to their students. Researcher and economics professor Benjamin Scafidi found that, between 1950 and 2015, the number of teachers increased about 2.5 times faster than the number of students, and hiring of other education employees—administrators, teacher aides, counselors, social workers—rose more than seven times faster than the increase in students. Despite the staffing surge, students’ academic achievement has stagnated or fallen during that time. Scafidi suggests that, had non-teaching personnel growth been in line with student population growth, and the teaching force risen “only” 1.5 times as fast as student growth, U.S. schools would have had an additional $37.2 billion to spend annually. With that windfall, he suggests, we could have raised every public school teacher’s salary by more than $11,700 per year, given poor families more than $2,600 in cash per child to attend private schools of their parents’ choice, and more than doubled taxpayer funding for early-childhood education.

It’s no secret that lavish teacher pensions are eating up money that should be spent on students. Robert Costrell, a finance expert at the University of Arkansas, found that 10.6 percent of all education spending goes toward teacher-retirement benefits—more than double the proportion spent on pensions in 2004. “As a percentage of their total compensation package, teacher retirement benefits eat up twice as much as other workers,” Bellwether Education Partners policy analyst Chad Alderman explains. Teachers—including bad teachers—have a powerful incentive to stay on in their jobs, since they automatically earn more just by showing up each fall, regardless of how effective they are. Pension benefits start accruing later in a teacher’s career, so younger teachers are helping to prop up pensions for lifers, with little to show for it; if a teacher leaves the field early, he gets no pension at all.

States typically administer teacher pensions, but health-care benefits frequently vary according to the local school district. While some districts cut teachers’ health benefits off when Medicare kicks in, others, such as the Los Angeles Unified School District, are much more generous. LAUSD provides the same expansive health coverage for retirees (and their spouses) as it does for current employees; neither group pays a premium for its insurance. The district recently announced that the unfunded liability for retiree health benefits has risen to $15.2 billion, up from a reported $13.5 billion in 2016, which translates to a cost of $525 per student.

Come November, the teachers’ unions and their unhappy members will be taking their case to the voters. Taxpayers need to look at the facts underneath the teachers-as-victims rhetoric and vote for fiscal sanity.