Unions Attempting to Circumvent the Janus Ruling

unionThe landmark ruling by the US Supreme Court in the Janus vs AFSCME case has given government workers the right to not only refuse union membership, but to refuse to pay any dues or fees to that union. In the wake of this ruling, new lawsuits have been filed on behalf of plaintiffs who allege the unions are attempting to circumvent the Janus ruling.

Enforcing Provisions of the Janus Ruling

A notable example of such a case is Few vs UTLA, In this case, the plaintiff, Thomas Few, is a special education teacher in Los Angeles. Few was told that he could end his membership in the United Teachers of Los Angeles union. But even as a nonmember, the union told him that he would still have to pay an annual “service fee” equivalent to his union membership dues. Few’s position, which is likely to be upheld, is that he cannot be compelled to pay anything to a union he does not choose to join, regardless of what the payment is called.

This lawsuit and others are likely to ensure that the Janus ruling is enforced. The practical result will be that government unions lose some of their members, and some of their revenue. But how many? After all, there is a valid economic incentive for public employees to belong to their unions. In California, unionized state and local workers earn pay and benefits that average twice what private sector workers earn.

For this reason, most people refusing union membership will be doing so for ideological reasons. They will find their objections to the political agenda of these unions to be more compelling than the economic reasons to support them. But there are additional ways the unions compel public employees to remain members.

For example, in some cases, within the same bargaining unit, unions will negotiate pay and benefit packages for their members that are more favorable than the pay and benefit packages they negotiate for the non-members. In some cases in academia, only union members are permitted to sit on faculty committees that determine curricula and hiring decisions.

Challenging Exclusive Representation

This right to exclusive representation is the next major target of public sector union reformers. They argue that it is unconstitutional for public sector unions – whose activity the Janus ruling verified is inherently political – to advocate on behalf of non-members, or to represent non-members, or to exclude non-members from participating in votes or discussions on policy, or to deny non-members the same negotiated rates of pay and benefits as members, or, possibly, all of the above.

Just filed this week in the US Supreme Court is the case Uradnik vs IFO, which worked its way through the lower courts in under a year. It is possible it will be heard in the 2019 session. This case calls for an immediate end to laws that force public-sector employees to accept a union’s exclusive representation.

Kathleen Uradnik, a professor of political science at St. Cloud State University in Minnesota, alleges that her union (“IFO” or Inter Faculty Organization) “created a system that discriminates against non-union faculty members by barring them from serving on any faculty search, service, or governance committee, and even bars them from joining the Faculty Senate. This second-class treatment of non-union faculty members impairs the ability of non-members to obtain tenure, to advance in their careers, and to participate in the academic life and governance of their institutions.”

There is a strong possibility that within a few years, if not much sooner, this case will be heard and ruled on by the US Supreme Court in favor of the plaintiff. If so, the future of public sector unions will be altered in ways even more significant than Janus. Unions will be prohibited from discriminating in any way against non-members who are part of their bargaining unit. They also will be powerless to stop public employees from withdrawing completely from their bargaining unit to – gasp – represent themselves in salary and benefit negotiations, something that professionals in the private sector have always done.

The Impact of Non-Exclusive Representation

An impact of a favorable Uradnik vs IFO ruling that would have even greater consequences would be if it enabled the emergence of competing unions. What if two or more unions represented a bargaining group? What if a super-union emerged whose membership welcomed government workers from an entire state, or entire profession, or the entire nation. What if these super-unions embraced a political agenda that ran counter to the left-wing agenda that has dominated public sector unions for decades?

The possibilities are tantalizing.

What if faculty members in America’s colleges and universities had the option to join a conservative union with a national membership that advocated a return to pro-Western college instruction, an end to reverse discrimination, a restoration of academic merit as the sole criteria for admission and graduation, and the abolition of divisive courses of study that offer no useful skills? What if conservative faculty members who have been silent all these years had the power of a national union to protect them from the Left?

What if K-12 teachers across America had a national union to protect them when they objected to curricula designed to turn immigrant children against the people and traditions of their host culture? What if police and firefighters across America had a national union that advocated unequivocally for a merit-based system of immigration? What if civil engineers across America had a national union that was implacably opposed to the environmentalist extremism that has doubled the cost of infrastructure projects and quadrupled the time it takes to complete them?

Enforcing Janus will begin to undermine public sector union power, which is deployed almost exclusively in the service of the Left. Enforcing Uradnik may actually create a balance of power between public sector unions that lean Left vs Right, and that, in turn, would represent a seismic shift in the political landscape of America. At the least, it would neutralize the tremendous boost that public sector unions have given the political Left in America. At most, it might create a hitherto unthinkable consensus in America that public sector unions are indeed inherently political, and have far too much political influence, and must be subject to draconian restrictions including losing the right to collectively bargain, if not complete abolition.

School Choice Matters: Teachers unions still trying to deny parental choice

shocked-kid-apIn March, six months after Hurricane Maria devastated Puerto Rico, the island’s lawmakers approved a bill that offered parents school choice options, including vouchers and charter schools. Hardly radical, the voucher program was capped at 3 percent of total student enrollment and charters could not exceed 10 percent of all public schools.

As day follows night, the teachers union in Puerto Rico filed a lawsuit arguing that it is unconstitutional to use public funds for private schools. And then in April, another bit of devastation hit the tiny island: Hurricane Randi blew in. American Federation of Teachers president Randi Weingarten, still aglow after teacher strikes had crippled the educational process in West Virginia and Oklahoma, decided to direct Puerto Rican educators follow suit.

Weingarten was overheard on a train plotting a shutdown strategy, but the union boss wanted to make sure that it was not called a strike, claiming they never use the “S” word. Instead, she said the public should be told “We are a human shield for the kids … teachers are doing this in the stead of parents and kids.”

On August 10, Puerto Rico’s Supreme Court threw out the lawsuit, allowing the two small choice programs to go on as planned. And as night follows day, the union called a strike to protest the choice law and a few other policy changes. The good news is that it was a one-day walkout which began and ended on August 15.

Meanwhile, in Los Angeles, it’s no secret that the teachers union is in conflict with the school district, and a strike in October could follow. One bone of contention is the staffing of magnet schools, which are public schools of choice with specialized themes – performing arts, science and math, those aimed at gifted students, et al. These schools can draw students from outside the normal zip-code mandated boundaries, are very successful, popular with parents in Los Angeles, and are rapidly expanding.

Since magnet schools offer a specialized curriculum, they need teachers who are well-versed in certain subject areas. So what’s the big deal? The United Teachers of Los Angeles is demanding that if a school or part of a school is to be converted from a traditional program to a magnet program, “certificated bargaining unit employees at the school shall have a right to assignment at the converted school and shall not be required to reapply for assignment to the school after conversion.” This is like saying that if you had heart palpitations, you would have to be treated by a dermatologist because the hospital couldn’t hire a cardiologist.

But of course the union is doing this for the kids!

And what would a month be without a new bogus study on school choice? The latest entry comes from the Network for Public Education, a union-friendly outfit that believes in zip code-mandated government schools über alles. The group solemnly reports that “fewer and fewer states are escaping school privatization’s reach.” I’ll save the details for another day, but for now, let’s just say the National Education Association’s reporton the study makes it sound as if privatization is the equivalent of a bubonic plague that is rapidly ravaging our educational landscape.

But a poll from earlier this year paints a very different picture. According to EdChoice, only 33 percent of parents prefer that their child go to a public school, yet nationwide 83 percent of kids actually do. While 42 percent of parents would prefer to send their child to a private school, only 10 percent do. Also, a recent American Federation for Children poll, conducted by a Democratic polling firm, showed that 63 percent of likely voters support school choice, and among those most in need, the numbers are higher, with 72 percent of Latinos and 66 percent of African Americans favoring it.

In addition to the above, the survey found that 54 percent of Democrats support school choice. In our ultra-politically polarized time, this is very important. School choice has become a truly bipartisan issue, with more and more liberals sticking up for kids and taking on the teachers unions. In an eloquent and powerful piece, Catherine Durkin Robinson, who self-identifies as a “militant advocate, organizer and member of the Democratic Party for 30 years,” has quit her party. She deplores the fact that the Dems toe the teachers union party line because the union provides hefty campaign contributions to them. “This movement has helped me look closer at my side of the aisle. I’m so very disappointed in a party that refuses to fight for the people who need it most – children struggling to break free from generational poverty. Education is the most reliable way to do that. Democrats are blocking the schoolhouse door.”

If Ms. Robinson is any indication, the unions’ loss in the Janus case may just be the beginning of a descent that not even Hurricane Randi will be able to manipulate.

Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers and the general public with reliable and balanced information about professional affiliations and positions on educational issues. The views presented here are strictly his own.

This article was originally published by the California Policy Center

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

Teachers’ union leaders grandstand about evil corporations while drawing fat salaries

School union protestAmerican Federation of Teachers president Randi Weingarten recently pilloried President Trump’s health plan in the Huffington Post: “GOP Rewards The Rich, Rips Off The Rest Of Us,” she declared. Is Weingarten among “the rest of us?” The union leader hauled in $472,197 last year.

Weingarten is hardly the only fat-cat teachers’ union leader. According to the Department of Labor, National Education Association executive director John Stocks bagged $355,721 last year, while NEA president Lily Eskelsen García scraped by on $317,826. At the 2017 California Democratic Party Convention, California Teachers Association president Eric Heins ranted about billionaires without acknowledging his own $317,000 total compensation package. CTA executive director Joe Nunez’s compensation is $460,000; associate ED Emma Leheny makes $480,000, and deputy ED Karen Kyhn gets by on $427,000 yearly. New York City’s United Federation of Teachers boss Michael Mulgrew is practically working class by comparison, making $288,000.

Teachers’ union bosses are obsessed with “corporate” bogeymen. The Janus v.AFSCME case, if decided in the plaintiffs’ favor, will free public employees in 22 states from having to pay any money to a union as a condition of employment. The NEA sees the case as a plot by corporate interests to weaken unions. Schools are “the centers of our communities, not corporate profit centers,” Heins says.

But no one is more willing to invoke the “c” word than United Teachers of Los Angeles president Alex Caputo-Pearl. The UTLA honcho is on a mission to kill Proposition 13 protections for corporations. In a state aptly called “Taxifornia,” Proposition 13 is a desperately needed lifeline, limiting property-tax increases for business and individuals. The UTLA has released a barrage of propaganda in an attempt to close the “corporate property-tax loophole” and “level the playing field.”

Funny how Caputo-Pearl and other union leaders neglect to point out that teachers’ unions are themselves de facto corporations, though with a difference: all their income — money they get from teachers, voluntarily or otherwise — is tax-free. No teachers’ union — or any union — pays a penny in taxes. The unions have oodles of spare cash on hand — and they park a good deal of it with corporations. As teachers’ union watchdog Mike Antonucci writes, the NEA sinks lots of money into mutual funds, which invest in big corporations, including “AT&T, Verizon, Target, Chevron, Exxon Mobil, IBM, Apple, Google, Facebook, Amazon, Comcast, Coca-Cola, Philip Morris, Microsoft, Boeing, JP Morgan Chase, Berkshire Hathaway, and Aramark.” The NEA “invests in 9 of the 10 richest corporations in the United States,” Antonucci says.

So union leaders howl about the rich and how corporations don’t pay their “fair share in taxes,” but they support the biggest corporations with their own untaxed income — income that puts many union leaders themselves into the 1 Percent Club.

Post Traumatic Trump Disorder in L.A. Schools

LAUSD school busPost Traumatic Trump Disorder” is a condition affecting an abundance of Americans these days. Many of the president-elect’s supporters are “suffering” from excessive jubilance, while many of his detractors are in the depths of despair. As I pointed out recently in UnionWatch and City Journal, the latter PTTD group is making life miserable for children across the country. But Los Angeles just may be ground zero for the new disorder.

The United Teachers of Los Angeles (United Trump-Loathers Assn.?), led by its radical agenda-driven president Alex Caputo-Pearl, is planning a major whine-in before school on January 19, the day before the new POTUS is sworn in. The UTLA website informs us that the union “will show that educators are united with our students and our communities against Trump’s racially charged and anti-immigrant proposals and that we will continue to fight attempts to privatize public education.” The union is urging the public to join “tens of thousands of students, parents, educators, school staff, and community members … to shield our public schools from the Trump/DeVos/Broad agenda.”

Nothing like a little early morning shot of teacher-led political indoctrination that the kiddos can digest along with their Rice Krispies.

Actually, the early morning festivities on Jan. 19 are really just a kick off for what Caputo-Pearl sees as a two-year offensive. (“Offensive” has two meanings here.) The issues that are paramount to the union boss are “green spaces on a campus … a plan to achieve strike readiness by February 2018,” as well as fighting charter co-location and getting union acolytes elected to the school board in March.

By the way, the above pre-Inauguration Day merrymaking is not limited to Los Angeles. The Alliance to Reclaim Our Schools, a national network of far-left teacher union leaders (redundant, I know), is planning UTLA-like events across the country on Jan. 19. AROS insists that the “best way to ensure each and every child has the opportunity to pursue a rich and productive life is through a system of publicly funded, equitable and democratically controlled public schools.” In fact, one of their demands is “Billions of dollars for public schools in black and brown communities.” (I guess the $670 billion we now spend nationally on “democratically controlled public schools” isn’t enough for the AROS crowd.)

As the teachers union goes off the deep end, what is the Los Angeles school district up to?

Not surprisingly, the school board, suffering from advanced PTTD, is in a state of sheer panic. The mandarins who rule over the massive school district have set up a hotline to answer student questions as a way to deal with the regnant hysteria. While Trump has indeed made some questionable comments about immigration, the education establishment and a compliant media have blown things way out of proportion and worried many children needlessly. As such, the school board has absolutely no business dealing with frightened children; let their parents do that, please.

The school board members also spent time at a recent meeting passing resolutions as a hedge against actions that they think the Trump administration may take. Consulting “social-emotional learning experts” and declaring its schools “safe zones” are of paramount importance to them these days. Actually, if anyone needs a “safe zone” at this time, it’s students who dare to wear “Make America Great Again” hats.

Maybe the school board should instead focus on its mandate, which is to educate children and, at the same time, be judicious in how it spends the taxpayers’ money.

As for the education component, LAUSD, not to put too fine a point on it, is doing an abominable job. While California students did not fare well on the recent standardized tests, L.A. kids’ scores were in the toilet. In fact, 56 percent of the district’s 85 ranked middle schools were assigned the lowest overall ranking of 1 based on the California Assessment of Student Performance and Progress, a test taken by students this past spring. The “good news” is that just 20 percent of the district’s elementary schools received the lowest rank, as did 31 percent of its high schools. (The latter number would be higher, but many poor performing 11th graders drop out of school before the test is given.)

Fiscally, LAUSD also deserves a “1.” As reported by LA School Report earlier this month, the district may not be able to meet its financial obligations in the future because it faces a cumulative deficit of $1.46 billion through the 2018-2019 school year. But LAUSD Chief Financial Officer Megan Reilly, maintaining a smiley face, assures us that with just the right combination of smoke and mirrors, the district may be able to winnow the deficit down to a mere $252 million. Don’t bet the barn on that, however.

So let’s see, in Los Angeles we have a radical union leader, hell-bent on indoctrinating kids, an inept school board whose actions are frightening children, all the while seriously maiming taxpayers, and doing nothing to ameliorate its abysmal record of educating children.

Happy New Year, y’all!

Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers and the general public with reliable and balanced information about professional affiliations and positions on educational issues. The views presented here are strictly his own.

This piece was originally published by UnionWatch.org

Charters Under Attack – California’s Teachers Unions Go On The Offensive

ULTA protestFor years, teachers’ unions have tried to kill charter schools — but only on odd-numbered days. On even-numbered days, they tried to organize them. Things lately have become very odd, at least in California; the unions are in full-assault mode.

United Teachers of Los Angeles president Alex Caputo-Pearl has long groused about how charter schools don’t play by the rules. Teachers’ union talking points effortlessly roll off his tongue — billionaires this, accountability that. But on May 4, despite pleas by charter school parents, UTLA, in concert with the Alliance to Reclaim Our Schools — a union front group — planned a major protest outside schools where charters share a campus with traditional public schools. “We will stand with Los Angeles parents, educators, students, administrators, and community members for fully funded public schools and call on corporate charter schools to pay their fair share to the district,” AROS said in a statement. Of course, charters are public schools, not “corporate.” And charters are the ones that aren’t fully funded, which is why they frequently have to share facilities. But UTLA and AROS don’t bother with those minor details. The rally mostly fizzled, so school kids were thankfully spared the sight and sound of angry protesters marching and chanting.

UTLA wasn’t finished. In what it thought would be a coup de grâce, the union released the results of a “study” it commissioned, which, among other things, asserted that the Los Angeles Unified School District “lost more than $591 million dollars to unmitigated charter school growth this year alone.” The school district countered by pointing out that it actually makes money due to the existence of charter schools. Undaunted, Caputo-Pearl was at it again in August. “With our contract expiring in June 2017, the likely attack on our health benefits in the fall of 2017, the race for governor heating up in 2018, and the unequivocal need for state legislation that addresses inadequate funding and increased regulation of charters, with all of these things, the next year-and-a-half must be founded upon building our capacity to strike, and our capacity to create a state crisis, in early 2018,” he told the annual UTLA leadership conference in July. “There simply may be no other way to protect our health benefits and to shock the system into investing in the civic institution of public education.”

In late August, just weeks after Caputo-Pearl’s tantrum, UTLA hit the streets with a media campaign. Empowered by a massive dues increase, the union began spreading its venom via billboards, bus benches, and the media. The timing was particularly bad, as the just-released 2016 state standardized-test results showed that charters outperformed traditional public schools in both English and math. Los Angeles, where one in six students is enrolled in a charter, saw 46 percent of its independent charter-school students meeting or exceeding the standard on the English Language Arts test, versus 37 percent for students in traditional public schools. On the math test, the difference was smaller: 30 percent versus 26 percent. Despite the unions’ perpetual “cherry-picking” mantra, 82 percent of charter students qualify as low-income compared with 80 percent for traditional schools. Charters also match up closely in areas of ethnicity, English-language learners, and disabled students.

The California Teachers Association jumped into the act on August 31 by unleashing “Kids Not Profits,” an “awareness” campaign calling for more “accountability and transparency of California charter schools and exposing the coordinated agenda by a group of billionaires to divert money from California’s neighborhood public schools to privately managed charter schools. These same billionaires are spending record amounts of money to influence local legislative and school board elections across the state.” In a press release announcing the launch of the campaign, the union quotes from its new radio ad, which claims to lay out the “billionaires’ coordinated agenda”:

  1. Divert money out of California’s neighborhood public schools to fund privately run charter schools, without accountability or transparency to parents and taxpayers.
  2. Cherry-pick the students who get to attend charter schools—weeding out and turning down students with special needs.
  3. Spend millions trying to influence local legislative and school board elections across California.

While Numbers One and Two are outright lies, there is some truth to Number Three. CTA has become fat and happy. It is by far California’s biggest political spender. It drives the union elite crazy that philanthropists are pouring unprecedented amounts of money into edu-politics in an attempt to balance the playing field. The union is finally facing some stiff competition in Sacramento, as well as in some local school board races.

Second only to its obsession with billionaires is the union’s incessant harping about accountability. “It’s time to hold charter schools and their private operators accountable to some of the same standards as traditional public schools,” CTA president Eric Heins says. This is laughable. Charter schools operate in accordance with all state and federal laws. They must meet rigorous academic goals, engage in ethical business practices, and be proactive in their efforts to stay open. If a school doesn’t successfully educate its students according to its charter, parents will pull their kids out and send them elsewhere. After a specified period—usually five years—the school’s charter is revoked. A failing traditional public school, by contrast, rarely closes. Union-mandated “permanence” laws ensure that tenured teachers, no matter how incompetent they may be, almost never lose their jobs.

The CTA and other unions can’t deal with the fact that non-unionized charters typically do a better job of educating poor and minority students than do traditional public schools. So they lie and create distractions in order to preserve their dominion. But all the yammering about charters “siphoning money from public schools,” grousing about billionaires “pushing their profit-driven agenda,” and bogus cries for “accountability” simply expose the unions as monopolists who can’t abide competition. But that’s just what children, their parents, and taxpayers deserve—less union meddling and more competition and choice.

Teachers Union Assault on Charter Schools

school education studentsWith the increasing popularity of charter schools in California, special-interest opposition to them has grown, primarily among those most threatened by their success: the state’s powerful teachers unions.

With more than 1,200 charter schools in California and with an estimated 580,000 students attending charter schools in the 2015-16 school year, the state boasts more charter schools and charter school students than any other in the country. According to the California Charter Schools Association, approximately 158,000 students are on wait lists hoping to attend such schools.

Clearly, they are popular and there is public demand for them. Perhaps it’s the flexibility and accountability of the schools. Maybe it’s to avoid the poor performance of the typical public school, which protects some underperforming teachers with tenure and other rules. Whatever it is that attracts so many parents to charter schools, something about them is upsetting to the state’s teachers unions.

On August 31, the California Teachers Association announced it was launching the “Kids Not Profits” campaign. The stated goal of their efforts is to garner “more accountability and transparency of California charter schools.” But that’s not all. The campaign further aims to expose “the coordinated agenda by a group of billionaires to divert money from California’s neighborhood public schools to privately-managed charter schools.” And that is where the misdirection, deception and political chicanery begin.

For those without expertise in the charter school movement, keep one thing in mind: Charter schools are public schools. They just approach teaching and kids’ learning differently than the neighborhood public schools that are overburdened by political limitations and bureaucracy, much of which has been perpetuated and sustained by union leaders.

The idea that billionaires are trying to enrich themselves by taking away money from local schools is not only false but an inflammatory scare tactic meant to denigrate the good work philanthropists are doing in charter schools to help repair the broken, status quo public school system that other special interests, like the unions, prefer.

The Kids Not Profits website tries to demonize these efforts by pointing out that charter school advocates spent over $11 million in the June 6 primary to influence state legislative races and school board elections, because they “want private corporations to be able to profit from public education.” Their claims are patently false and not grounded in fact.

Take, for example, one of the state’s — and nation’s — chief advocates for charter schools, Netflix CEO Reed Hastings. In January, Hastings announced a $100 million fund to help improve access to quality education. He is giving money to schools — not trying to “profit” or take money from public education.

On the other hand, what CTA neglects to mention in its campaign is that it has poured hundreds of millions of dollars into political campaigns over the past couple of decades, including $4.2 million from January through the end of June this year via its Issues PAC, plus more than $1 million through the Association for Better Citizenship to influence local races. Then there’s the nearly $1 million spent by the California Federation of Teachers to support candidates and ballot initiatives. And that doesn’t take into account the millions they will spend on other political fights in November.

It’s also important to understand how much “profit” the unions take out of California schools. In 2009 alone, the CTA’s “income was more than $186 million, all of it tax-exempt,” according to an analysis of public records by Troy Senik, writing for City Journal. The income the union collects year after year comes directly from taxpayer-funded teachers’ paychecks. Imagine if that money could stay with good teachers or was spent directly in the classroom for students.

There’s nothing wrong with donating to political campaigns. What matters is whether the outcomes they seek are reasonable. Unfortunately, the outcomes desired by the teachers unions just happen to be a status quo where their interests are catered to, regardless of their effects on students. And that’s why they are threatened by charter schools — because they lose revenue for their political agendas

In the past month, local unions like United Teachers Los Angeles, which is best remembered for threatening to strike in 2014 if its members didn’t receive a 17.6 percent raise, have also gone on the offensive against the education reform community.

UTLA president Alex Caputo-Pearl announced in August that the union was launching an ad campaign carrying “messages that billionaires should not be driving the public school agenda.”

“This is a major intervention in shaping the public narrative,” Caputo-Pearl told members at the union’s 2016 conference, which featured repeated attacks on charter schools and those who fund some of them.

The dishonest narrative the unions want to present is that they are the ones standing up against sinister billionaires who just want to make money. The problem is, it is just not true.

Never mind that teachers unions in California get more than their fair share of the multibillion-dollar education budget in the state, and have considerable leverage in how education funds are allocated and what policies govern public schools. They have had control of public education for a long time, so it is they, the union leaders, who should be held responsible for the deterioration of California public schools — a public school system where more than half the students lack proficiency in math and English. It’s indefensible.

Attempting to shift the blame for shortcomings in our education system on reformers and charter school advocates is purely diversionary. It isn’t charter school proponents who are undermining education. Nor is the current state of affairs the fault of the average teacher who works hard every day to educate the children of our state.

Behind the façade of “kids not profits” — and whatever public narrative unions are trying to spin — the unions’ goals are fundamentally about one thing, and that is political power. This is what thwarts progress in our education system. Instead of embracing innovation and progress to help students, the union bosses have chosen to stifle any form of competition and reform. Their latest campaign is just another sad and frustrating attempt to deceive the public and maintain political power.

Brian Calle is the opinion editor for the Southern California News Group and Sal Rodriguez is a staff columnist.

This piece was originally published by the Orange County Register and the Southern California News Group.

L.A Teachers Head Ready to Incite a ‘State Crisis’ If Union Demands Not Met

UTLA Alex Caputo PearlAlex Caputo-Pearl is the president of United Teachers Los Angeles, a union that has a long and storied history of discarding presidents elected as firebrands but who reign as defenders of the status quo. Caputo-Pearl seems determined to end that cycle and bring teacher union militancy to the entire state of California.

In a July 29 speech to at the UTLA Leadership Conference, Caputo-Pearl outlined the union’s plans as it readies for the expiration of its contract next year and a gubernatorial election in 2018.

“The next year-and-a-half must be founded upon building our capacity to strike, and our capacity to create a state crisis, in early 2018,” Caputo-Pearl told an audience of 800 activists. “There simply may be no other way to protect our health benefits and to shock the system into investing in the civic institution of public education.”

While it’s not clear what form a “state crisis” would take, Caputo-Pearl described a series of actions the union will undertake in coming months, beginning with a paid media campaign in September denouncing “billionaires … driving the public school agenda” and a “massive” political mobilization to ensure the November passage of Proposition 55, which would extend a 2012 measure that raised taxes on high-earning residents to fund schools.

UTLA will then set its sights on the next Los Angeles Unified School District board elections.

“We must face off against the billionaires again in the School Board elections of 2017, and WE MUST WIN,” Caputo-Pearl said, explaining that the next board would vote on a new contract. The union needed to help elect a board that would resist a “vigorous campaign to cut our benefits” by district leaders, he suggested.

But Caputo-Pearl isn’t content to shape LAUSD’s agenda. He hopes to organize the entire state.

“All of the unions representing LAUSD workers and the teachers unions in San Diego, San Bernardino, Oakland, and San Francisco share our June 2017 contract expiration date,” he said. “We have an historic opportunity to lead a coordinated bargaining effort across the state.

“Coordinated action could dramatically increase pressure on the legislature and fundamentally shape the debate in the 2018 Governor’s race.”

Caputo-Pearl stopped short of calling for a multi-city teacher strike, but pointing to a common contract expiration date that enabled “coordinated action” put it on the table.

The UTLA president had another white whale to harpoon: Proposition 13, the state’s iconic 1978 initiative that capped property tax rates. Caputo-Pearl said he wanted to revive the union-backed “Make It Fair” campaign that sought to hike taxes on commercial property.

UTLA is in position to pursue an aggressive agenda because of itssuccessful internal campaign to raise dues by 33 percent earlier this year and new joint affiliation with the National Education Association and the American Federation of Teachers. Now the union will launch an internal campaign to solicit more money from members in the form of PAC contributions, Caputo-Pearl said. Currently only about 20 percent of UTLA members donate to its PAC.

There will of course be organized opposition to Caputo-Pearl’s vision for the future, and some of it may come from his own parent unions. While UTLA is by far the largest local of both the state NEA and AFT branches — the California Teachers Association and the California Federation of Teachers, respectively — these unions have their own officers and elected bodies that represent members throughout the state. Even if they agree with most of Caputo-Pearl’s agenda, they may be wary of his ambition. Their leaders might remember that former UTLA president Wayne Johnson rode a 1989 teacher strike all the way to the presidency of CTA.

Caputo’s broad themes were underscored by a guest speaker: Karen Lewis, president of the Chicago Teachers Union and idol of advocates for more muscular union activism. She argued that teachers need to organize across district, state, and even union boundaries, telling conference attendees, “we cannot do this work alone, and we cannot do this work in isolation from one another.”

If UTLA’s agenda becomes the agenda of all California teacher unions and is ultimately successful, the union militancy train will leave the West Coast and travel through many other states. Union leaders comfortably situated in the status quo will have to jump aboard or get run over.

This piece was originally published by the74million.org

Educating Students Not #1 Priority of L.A. School Board and Teachers Union

LAUSD school busOn February 11, LA School Report released an internal Los Angeles Unified School District document which stated that just 54 percent of seniors in L.A. are on track to graduate. The drop off from 74 percent last year was immediately attributed to the new “A through G” requirements, which ensure that graduating students are ready for acceptance into California public universities.

The rather lame, “This is the first year of the plan, so we are just getting the kinks out” excuse does not hold water. The A-G plan was initially formulated in 2005, but the LAUSD school board didn’t pay much attention to it. So instead of ramping up the rigor, they decided that in 2017 students could pass with a grade of “D,” instead of the “C” as was in the original plan. (This year’s class had been green-lighted for a “D” passing grade all along.)

Oh but wait, there is some “good” news. Due to the district’s “credit recovery plan” – allowing students to take crash courses on weekends, holidays, etc. – the graduation rate has just been upgraded to a less cataclysmic 63 percent. Yeah, 63 is better than 54, but it still stinks. And the demise of the California High School Exit Examination (CAHSEE) has been left out of the equation. The test was killed a few months ago by the California Legislature and, worse, the legislators chose to give diplomas retroactively (going back to 2006) to students who passed their coursework but failed the test.

The exam was hardly rigorous. According to the California Department of Education website, the English–language component addressed state content standards through tenth grade and the math part of the test addressed state standards in only grades six and seven and Algebra I. Hence, whatever the graduate rate actually turns out to be in 2016, it would have been lower had the state not knocked out a test that every high school grad should be able to easily pass.

So what’s a school board to do? Simply divert attention away from the problem.

The LAUSD school board’s major agenda item of late has been to slow charter school growth. According to Sarah Angel, managing director of advocacy for the California Charter Schools Association, “We are seeing an unprecedented uptick in the recommendation of denials of charter schools.” She pointed out that the L.A. school board approved 89 percent of the charter school applications it received in 2013, but that rate has been cut in half this year. The anti-charter push came about when the board went bananas over philanthropist Eli Broad’s plan to turn half the schools in L.A. into charters. Nothing will invigorate monopolists like a little old-fashioned competition.

Not to be outdone by the school board’s turf-protection moves, the United Teachers of Los Angeles has swung into action, joining a union-led national demonstration of support for traditional public school districts. Dubbed “walk ins,” these events were led in Los Angeles by UTLA and involved parents walking into schools with their kids at the beginning of the school day on February 17. What this was supposed to accomplish is anyone’s guess.

The union also just raised its dues 30 percent, claiming more money is needed to “battle foes of traditional public education.”

Then, UTLA boss and class warfare expert Alex Caputo-Pearl began beating the tax-the-rich drum at a fever pitch. In an obvious reference to Eli Broad and some other philanthropists, he recently averred, “If billionaires want to be involved, they should not undermine programs, they should contribute their fair share in taxes.” Wondering how he knew what taxes certain individuals paid, I sent an email to Mr. Caputo-Pearl and UTLA’s communication director, inquiring which billionaires he was referring to and how much they paid in taxes. They have not deigned to respond to my query thus far. (Note to AC-P: The rich pay plenty of taxes, but 44 percent of Americans don’t pay any, and rest assured, there are no billionaires in that group.)

As if the school board and teachers union’s effort to damage charters wasn’t enough, there is a plan afoot to get an initiative on the ballot this year that would make charter schools illegal. Why? Because, according to the “Voices Against Privatizing Education” website, charters are “racist  … cherry pick students, falsify records, commit enrollment fraud, close down community schools, destroy jobs, bust up unions and segregate students.” Not surprisingly this bundle of outright lies has the backing of several teachers unions and individual union leaders.

You see, charter schools are not being singled out for demolition because they haven’t worked; they are on the radar of the school board and the union precisely because they have been successful. At the same time that so many students in L.A.’s traditional schools are failing to meet graduation standards, students from the same demographic groups are thriving in charter schools. By the time they’ve graduated, students at charter schools are over three times more likely to have completed courses needed for college admission than students at traditional public schools.

Also, Stanford University’s Center for Research on Educational Outcomes (CREDO) conducted an analysis of charter schools in LAUSD in 2014 and found that its students gain significantly more learning time than their peers in traditional public schools. Among its findings:

  • Charter school students gain 79 more days of learning than their traditional school peers in math, as well as 50 additional days of learning in reading.
  • Latino students gain 72 more days of learning in math and 43 extra days in reading.
  • Latino students living in poverty gain 115 additional days of learning in math and 58 additional days in reading.
  • African American students gain 14 extra days of learning in both reading and math.
  • African American students living in poverty gain 58 additional days of learning in math and 36 additional days in reading.

Evelyn Macias, mother of Julia Macias, one of nine student plaintiffs behind the Vergara lawsuit, recently penned an op-ed for LA School Report, in which she wrote:

We need to look at state policies, legislation and labor agreements that have, over the course of decades, eroded and diminished the rights of children, low-income working families, and ALL families, by claiming the higher moral ground for employees, while much of our leadership remains silent.

Our children are falling through the cracks, while we stand and watch. Who besides their parents and student advocacy groups will step up?

Who besides parents and certain advocacy groups? Who, indeed? Certainly not the obstructionist school board and teachers union. They are intent on protecting turf and maintaining their monopoly. Educating children is far down on their to-do list. Shame on them.

Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers and the general public with reliable and balanced information about professional affiliations and positions on educational issues. The views presented here are strictly his own.

Eli Broad’s Charter School Plan Would Shake-Up Ranks of LAUSD Teachers

Philanthropist Eli Broad’s ambitious plan to create 260 new charter schools over an eight year period in Los Angeles, enrolling at least 130,000 students, will have major ramifications for many of the city’s 25,600 teachers. With this in mind, the Los Angeles Times Howard Blume wrote “Thousands of LAUSD teachers’ jobs would be at risk with charter expansion plan” last week. (Interestingly, the online version of the piece was originally titled “L.A. charter school expansion could mean huge drop in unionized teaching jobs” – a more honest title.)

The Broad plan would include places for about 5,000 more charter school teachers, which simply means that 5,000 thousand current teachers in Los Angeles could be displaced. What Blume’s article doesn’t address is just which teachers will be losing their positions. Due to seniority or last in/first out (LIFO) – a union construct that is written into the California Constitution – the teachers who could lose their jobs would not be the 5,000 poorest performing ones, but rather the 5,000 newest hired. But there is a silver lining here. While some of the 5,000 should not be in the profession, many are good teachers and some are terrific. And the latter groups will not be unemployed for long, because charter schools are independent (mostly non-unionized) and therefore not beholden to the district’s industrial style employment hierarchy, so competent teachers will be snapped up.)

20151014-UW-Sand

Philanthropist Eli Broad

Blume mentions that the new plan refers to “hiring from an expanded Teach For America and other groups that work with young, inexperienced instructors” and “makes no mention of recruiting instructors from the ranks of L.A. Unified.”

The plan might not make any mention of recruiting current teachers, but clearly the charter schools could not fill their ranks with all rookies. And therein lies the beauty of the Broad plan. Those rehired would be the good and great teachers who are working now because they are qualified, not because they are LIFO-protected.

Broad spokeswoman Swati Pandey elaborated: “We are in the process of listening to educators and community members to determine how best to support the dramatic growth of high-quality public schools in Los Angeles. We know that without great teachers, there can be no great public schools. We’re eager to engage and support teachers as part of this work.”

Needless to say, United Teachers of Los Angeles president Alex Caputo-Pearl had a different take. He said, “The charters are specifically looking for educators who have not had the experience of being in a union, which means that, by and large, they’re looking for teachers who may find it more challenging to raise their voice about curriculum or school conditions.”

The experience of being in a union…? What?! And where does he get the idea that only unionized teachers dare to speak up about “curriculum and school conditions?”

But then again, maybe the UTLA boss is just mouthing the union party line and his transparency should be applauded. In 2009 UTLA president A.J. Duffy told a group of young teachers at Liechty Middle School, “Saving your jobs would mean that more experienced teachers would lose theirs. Seniority is the only fair way to do it . . . and any exception would be an act of disloyalty.” The California Federation of Teachers website claims that “Seniority is the only fair, transparent way to administer layoffs. It ensures equal treatment for all teachers.” (Yes, for Teachers-of-the-Year and incompetents alike, LIFO does ensure “equal treatment.”)

Others who actually have children’s and parents’ best interests at heart have a different view, however. Alluding to the teachers unions’ claim that thousands of teachers will need to be recruited over the next decade, Jim Blew, president of the Sacramento-based advocacy group StudentsFirst, said, “… they say there’s no room for teachers from organizations with proven, documented records of creating quality teachers…. L.A. needs more great teachers, and everyone should welcome them regardless of who recruited them to the city.”

Jason Mandell, Director, Advocacy Communications of the California Charter School Association (CCSA) added, “Great teachers change students’ lives. Charter school teachers do that every day and the evidence is in their students’ progress. Teachers are the heroes of the charter school movement.”

And parents agree with both Blew and Mandell.

As CCSA points out, there are 40,000 kids on charter school waitlists in Los Angeles, unable to enroll in a high quality school of their parents choosing because there aren’t enough seats. Also, as I pointed out a couple of weeks ago, the recently released California Assessment of Student Progress and Performance (CAASPP) scores showed that only one-third of students in traditional LA schools performed up to their grade level in English and one-fourth did so in math, while LA charter students far outpaced their counterparts.

It should be noted that the current seniority and tenure laws, both of which are toxic to students, are imperiled. In the Vergara case, Judge Rolf Treu ruled these byzantine legal protections unconstitutional and went on to say that “it shocks the conscience.” However, the state and the teachers unions are appealing the decision. And even if Treu’s decision is upheld, we have no guarantee that the archaic statutes will be replaced by anything much better.

In summing up the situation, we are left with the following:

  • Charters allow children to escape from the antiquated zip-code monopoly education system.
  • Charters only flourish if parents choose to send their kids there.
  • Kids on average get a better education in charters.
  • Good teachers will always find work.
  • Charters will choose and retain the best teachers who fit in with their mission.
  • Poor-performing teachers will find it difficult to stay in the field.
  • Unions will have less money and power, due to diminishing ranks.

In other words, the Broad plan is a win-win-win situation for good teachers, children and their families. Mr. Caputo-Pearl, does that matter to you at all?

This piece was originally published by UnionWatch.org

Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers and the general public with reliable and balanced information about professional affiliations and positions on educational issues. The views presented here are strictly his own.