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Teacher Strikes Looming

Your choice: Take a teachers strike or continue to pay Step Increases?

In New York State, teachers are prohibited from striking by the Taylor Law and the Triboro Doctrine (Amendment) which keeps all terms and conditions of teacher contracts in full force and effect until a successor agreement is negotiated. 

There is no arbitration in teacher contract disputes, although there is non-binding mediation available if negotiations reach an impasse.  If mediation does not work, another similar approach called super conciliation may help school districts and teachers resolve their differences.  If not, then there is always the passage of time which inevitably will heal all wounds, as the expression goes.

Many people have strong negative feelings about the Triboro Doctrine. Calls for repealing this part of the law seem endless and on-going. The main issue for tax payers is the continuation of step-and-grade increases to teachers sometimes for years after a contract has expired.  There is a distinct impression that Triboro has removed incentives for teacher unions to bargain meaningfully with their school districts. There is some truth to that viewpoint.

So let’s look at the other side of the coin, where the Triboro Doctrine does not exist, such as Illinois. As it did in New York, school started in Illinois on Tuesday.  Next week, however, the teachers in Chicago are set to go on strike, having already filed the legally required 10-day Notice of Strike with the city. Two nearby suburban school districts have also voted to strike, and may hit the bricks later this month.

Here’s my question:

Are we better off in New York where teachers cannot strike under penalty of heavy fines (two day’s pay for one day on strike plus seizure of union dues), and the possibility of jail time (which has been meted-out to violators in the past), but we keep on paying step raises…

Or, are they better off in Chicago, where teachers unions can take a strike vote, file a 10-day notice, and then walk off their jobs indefinitely? The city of Chicago would save not only step increases, but also the entire teachers payroll and all benefits costs except retirement premiums. Of course, no teaching, no education would be taking place during the strike, and relations would not be improving, either.

What do you think?

The author can be reached at chriswendt117@gmail.com

Source Info:

 http://chicago.cbslocal.com/2012/09/04/threat-of-chicago-teachers-strike-casts-shadow-all-the-way-to-charlotte/

 http://chicago.cbslocal.com/2012/09/04/teacher-strikes-may-be-coming-in-evergreen-park-lake-forest/

Background: http://www.empirecenter.org/Reports/2007/10/TaylorMadeReport2.cfm

Chris Wendt September 18, 2012 at 02:05 pm
Oh, and that $3B deficit in the failing Chicago school system, that sure could play a role in the demise of the traditional model for public education, especially in economically distressed big cities and larger, more defined, stressed socioeconomic regions, like the Rust Belt, and, closer to home, four of the Big Five Cities: Yonkers, Buffalo, Rochester, and Syracuse NY.
Lorraine DeVita September 18, 2012 at 02:08 pm
If teachers want to remain part of the umbrella of PSE unions, they should be STATE employees. If they dont want to be State employees then they should be a privatized union similiar to the CWA/IBEW with all contract content and language consistently negotiated on ONE Level for all. . All these local independent SD unions are doing the SD's and more importantly the Teachers a disservice. Make it all one voice, one contract, one set of rules for all to follow. That would bring some parity back to the table . Also taking it OUT of the LOCAL SD's during negotiation becasue truth be told MOST are ill equipped to handle negotiations successfully. We ALL have common issues and concerns at the Taxpayer level. Afford us the process to negotiate from stength as one consolidated voice as the teachers currently have as PSE members.
old miller September 18, 2012 at 02:12 pm
I concur with Mac.
We are better off here. I believe that a strike, especially in the case of educators, does far more harm than good for all those involved.
Chris Wendt September 18, 2012 at 02:23 pm
@ Mac posited: "You cannot pick and choose who can strike in the public sector or who the law should pertain too." Correction: the (US) Wagner Act (NLRA) and the Taft Hartley Act exclude State and local government employees from certain protections. The Taylor Law (NY) prescribes mandatory binding arbitration in Police labor disputes, but prohibits binding arbitration in teacher labor disputes.
The federal acts also discriminate selectively on the basis of the impact of private sector strikes on commerce. So there is ample precedent for lawmaking that applies different standards for the ability to strike or arbitrate or not to strike or not to arbitrate, depending upon the judgment of the lawmakers who write/re-write the laws, and the executives who decide to enforce those laws (selectively) and the opinions of jurists who hear cases brought before them under the laws in varying and changing circumstances.
Mac September 18, 2012 at 02:40 pm
Chris that is not my point. We cannot change laws and modify them because it suits us with certain public employees. Once that starts where does it end. Do we let the mob rule? Or do we stick with a certain set of rules for all?
Mac September 18, 2012 at 02:44 pm
In this economy not raising taxes also kills. As mangano is so proud about no tax raise but yet all the raises, pensions and benefits cost go up for all public workers. Where will that money come from? The deficit will continue to grow because every politician promises no tax increase. Salary rollbacks are not realistic in the public sector more like freezes and cutting employees. Trimming the waste like clubs with few students or different math or reading programs every few years. There is so much waste to,go along with payroll. If the county raised taxes slightly we would be closer to,solvency.
Wayne Smith September 18, 2012 at 03:14 pm
Mac - What you're expressing is basically the formula that's been followed for years. Politicians who are disinclined to do much in the way of hard bargaining with politically engaged unions, end up winning minimal concessions and then increasing taxes to cover the expenses. It's easy when everybody in the private sector is getting raises too; it's also easy when real estate values are going up. Not much of either of those things is going on now.
Chris Wendt September 18, 2012 at 03:47 pm
@ Mac re: "Trimming the waste like clubs with few students or different math or reading programs every few years. There is so much waste to,go along with payroll."
I bridle when trimming waste turns early to cutting programs & services for students, including activities that (even a few) students enjoy but which helps their development and keeps them off the streets. The cost of clubs is negligible in the equation of trimming waste in schools. However, I agree with you that county and town political posturing to not raise taxes (and then turn around and blame the school district for everyone's financial predicament) is false economy. I am modestly satisfied with the fact that, in 19 years on the Wantagh school board, we raised taxes moderately for 18 years, and zero in one year. For most of those years Wantagh had the lowest cost per student in Nassau County, but we sent 95%-98% of our graduates on to college. You have to look at taxes as a value proposition, and understand the concept of efficacy. School taxes have been efficacious in Wantagh, delivering excellent value in services and results for the money spent. Seaford readers would have to evaluate the efficacy--the results and value delivered--of Seaford's school taxes over the past 20 years. Living in a high-tax county and seeing county services cut while the deficit looms ever larger is a negative value proposition, like the MTA and its fares and tolls increasing. Failure of efficacy.
Lorraine DeVita September 18, 2012 at 04:16 pm
Heres another viewpoint that will shake a few up as it pertains to after school activities- PRIVATIZE THEM- Take that whole lot part and parcel out of the school budgets and off the taxpayers- Sports, clubs etc privatize the lot of them. This would impact the bottom line of budgets dramitically , it would reduce teachers/coaching stipends ,reduce pension costs as well as effect liability, transportation, virutally everyline itme onthe budget would be reduced signinficantly. Parents whose students wanted to participate would have ot pay for it mch like child care ont he elementary levels with the SCORE program. Our focus should be insuring the dollars we expend are expended on education. Everything else let the parents pay an outside source for participation. OK let shear the ranting and raving now. You do realize ofcourse this does not prevent a well rounded student it only means the
parents would now have to PAY for anything OTHER then a sound basic education which by law is all we are legally responsible for. Taxes would drop immediately and substancially.
Mac September 18, 2012 at 05:34 pm
Why stop there privatize everything. Music lessons why bother? Just the basic music class for all. Languages no choice each school pick one. Drivers education NO! School lunch nope let a private company run it. Busing get rid of it too let the parents drive the kids or pay if they want the bus. Why stop there? Books all parents can buy them, computers if they want to utilize them bring your own laptop?
Lorraine school is about much more than academics whether it's sports , music , art or any other club. It goes a long way on educating a young person how to interact with their peers and adults. Learning isn't limited to the classroom.
Chris Wendt September 18, 2012 at 06:42 pm
This is touching on a very complex debate which cannot be condensed to "privatize everything"...not yet at least. One piece of guidance would be the NY Constitution which requires every child be provided a free, sound, basic education, further modified by the NY Court of Appeals which held that a sound basic education is defined as that which would enable students to serve as effective jurors as adults.
Current educaiton law and regulations provide liberally for bussing, as well as textbooks, some technology, music, art, and.at the discretion of the Board of Education, extracurricular activities such as clubs and sports. All of these activities and functions are easily recognizable as beneficial to the education, developement and rounding-out of school children, or to put it differently, children of school age. But even some of the educational offerings of current public schooling could be called into question vis-a-vis the constitution's sound basic education: specifically honors, AP, IB, and college-level courses taught in high schools. Not that these coursed should not be taught in public high schools, as they are in private/parochial high schools. But in the latter, of course, parents foot the bill. But we are not ready for this debate, and will not be for about 5 years.
Wayne Smith September 18, 2012 at 07:01 pm
By the same token, the voices that get raised in support of privatization, charter schools and school vouchers often grow louder in reaction to precisely the kinds of situations now being seen in Chicago. You can argue they're right or you can argue they're wrong, but you can't argue that they don't exist and that there's a good deal of frustration with a system that is seen as not working very well even while it costs more and more every year.
Lorraine DeVita September 18, 2012 at 07:09 pm
Learning isnt limited to the classroom true, nor is it expanded solely on the athletic field. Just think how much better education would be if we didint limit the possibilites IN the classroom becasue we had to be concerned about funding activites AFTER school.
Music , Art, Drama, Elementary Level science labs, computer technology, orchestra, foreign language arts. These should all be IN school programs funded by the taxpayers. We limit our educational experiences because we claim dont have th efunding , yet we DONT limit after school experiences , we dont reduce THAT funding ? Explain that one to me? I am not saying do without after school acitvites i am saying let the parents of the children participating pay for them. SO WE the taxpayers can focus our funding and tax dollars on their education.
Mac September 18, 2012 at 07:49 pm
Chris and Wayne very well said. It is not a black and white issue in any way.
Mac September 18, 2012 at 07:52 pm
So are you saying that music, art , drama , etc... Are all more important than after school activities? Even with that logic you would eliminate all after school concerts, performances and clubs. How about athletics are just as important and worked into the school day then. Athletics are just as important as the arts or any other elective course. Get rid of all electives then.
Chris Wendt September 18, 2012 at 08:30 pm
Because under our current system of hostage school funding, if a school board were to cut out (eliminate) sports, they would probably not get a budget passed. If one hundred people submitted lists of offerings to be included in the school day and funded by taxes, you would get probably twenty five similar lists but all with dramatic differences among them.
Interest groups have powerful influence on this process, and not just unions. Special education services are sacrosanct, and bussing is inviolable except with voter approval of any changes. However, some interests lack the universality of appeal and the political clout of sports: those include drama, music, and art for examples. As stated, we are not ready yet for this debate, meaning to have the debate and hash out solutions. This is primarily because emergent technologies have yet to fully emerge, and the political landscape has not shifted sufficiently to support broad or deep changes.
Mac September 18, 2012 at 08:42 pm
Just for the record I do not believe sports are above the arts. I think they are equally important to the broad range of students. The more offered the better. Who knows what thatbne thing is that will spark greatness in a student. The next Beethoven could be lost with no music in school just as easily as the next babe Ruth.
Chris Wendt September 18, 2012 at 09:02 pm
Like the Wantagh boy who won a Tony Award for Billy Elliott....
fred September 18, 2012 at 09:34 pm
Hi Chris- I was wondering during your years on the school board, when contact negotations were going on what were some considerations given from the teachers union to the stiduents to increase the quality of education? We all know about salaries and health and pension benefits, but did the students ever get anything in return? Thanks for your reply!
Chris Wendt September 19, 2012 at 12:45 am
I can only speak about adopted contract terms but not demands which weren't adopted.
Teachers agreed to teach an additional period beyond a full day's schedule for a stipend rather than require hiring additional people. Teachers provide extra help with no additional pay. WUT Executive Board and the Board of Ed formed the Educational Leadership Council (ELC) which met evenings to discuss issues and non-grievance problems in a non-adversarial manner. One teacher agreed to teach Calculus B at 6:00 AM to students who agreed to come in that early to take the course which had not been budgeted; this led to the formal adoption of Calc B the following year during the regular school day. A teacher developed and ran a computer repair service performed by students who learned computer repair as a result. Another teacher developed and ran a printing service staffed by students who learned offset printing as a result, while saving the district money by not having to buy that printing outside. Over the course of years the school year increased along with state guidelines. The WUT agreed to additional classroom days which in some other districts were non-teaching days. At one point, we needed the Supervisors to agree to teach a minimum of 4 classes in addition to their supervisory duties to which they agreed. We also asked for cooperation consolidating some departments' heads to which their unit also agreed and did.
Chris Wendt September 19, 2012 at 12:53 am
The Chicago Teachers Strike is over, classes resume tomorrow morning (Wednesday, September 19th). More after the full official details become known and the cost-benefit can be assessed. This may take up to two weeks depending upon the rank-and-file ratification process.
Chris Wendt September 19, 2012 at 10:15 am
Here is the settlement story: http://www.latimes.com/news/nationworld/nation/la-na-chicago-teachers-strike-20120919,0,1825808.story
The media is backing away from this story very quickly. (Not) surprisingly, nobody in the media is asking what the annual value of the step raises is for Chicago teachers; that value should be added to the value of the settlement raises (3% + 2% +2% = 7% PLUS the step raises). For comparison purposes, the value of Step increases in Wantagh would average out to 2.2% by my recollection. I am looking forward to seeing a more thorough assessment of the actual contract once it has been ratified by the rank-and-file members of the CTU. More importantly, I am looking forward to hearing how Chicago will pay for the increases in the face of a $3B deficit.
fred September 19, 2012 at 02:15 pm
Thanks for the response Chris. As professionals I would expect teachers staying late or coming in early. I guess nobody really represents the kids! Sometimes I think we forget the purpose of a school!
Concerned taxpayer September 19, 2012 at 03:39 pm
Rahm Emanuel should be ashamed of himself. He surrendered what could have been the starting point of an elimination of unions in this country, to the eternal benefit of every taxpayer. The impact could have changed the face of labor greater than Reagan did with PATCO. Instead, he folded and condemned us to continued robbery by entrenched conspirators in these unions.
schoolmarm September 19, 2012 at 03:42 pm
Let's hope the Levittown BOE fights for what they were elected for- a fair contract. The salaries are going to bankrupt this middle/lower class community if something is not done. I have attended several BOE meetings since JUne and have yet to hear/read of any negotiations put forth by the teachers union. Don't cower to the bully, the children deserve more!
Mac September 19, 2012 at 05:00 pm
Schoolmarm I haven't been to a meeting since July but we shouldn't hear about the negotiations at this point by either side. We cannot have posturing and demands made public to get us all in an uproar. I certainly don't want to hear the rhetoric or "truth" depending upon which side speaks. We can only hope they are negotiating fairly. It's not the salaries that are getting us it's the benefits and pensions along with years of horrible management.
Chris Wendt September 19, 2012 at 07:54 pm
Rahm Emanuel was never looking to break the CTU. As a Democrat mayor of the large city which happens also to be the home of the President, Emanuel certainly owes significant political allegiance to unions and their members, as well as to the President, himself.
That is nothing to become squeamish about. It is just the way of the world, and has been all the way back to Tammany Hall in old New York. To his lasting credit, Rahm Emanuel stood up to the union and took the strike. That demonstrated a lot of political courage.
Wayne Smith September 19, 2012 at 09:06 pm
The question that holds interest for me is how this settlement will be judged in the court of public opinion. If that court decides, after some amount of time, that Chicago's schools haven't really improved in any meaningful way, even while taxes have gone up, then what?
Chris Wendt September 20, 2012 at 12:22 am
Well, the Chicago public school system is about 200 times larger than the Roosevelt School District. You are probably aware of the vast sums of taxpayer money NY State has spent in a protracted attempt to "fix" Roosevelt, to no avail.
I understand your curiosity about how this will fly with the people of Chicago, but I am more interested to watch the graduation rate, first and foremost, as that is really the bottom line for 13 - 15 years of public education. I also will be curious about assessment scores, but not all that much. How will the 52,000 Charter School students taught by non-union teachers fare compared to the 348,000 students being taught by union teachers? Will Charter Schools be expanded by an additional 100 in Chicago?
Wayne Smith September 20, 2012 at 09:59 am
One of the concerns I have about this whole topic of teacher evaluations is that I think we've confused the means with the end. And I'm not necessarily referring to Chicago but here in NY as well. In other words, how will we know improvement even if we see it? To my knowledge, there's been no attempt to establish some kind of broad consensus as to what actually are all these evaluation efforts supposed to accomplish in terms of educational quality? Will SAT scores go up 10% within five years? Will the graduation rate improve? How about reading proficiency scores and by how much over what amount of time?
What's missing are a set of "big hairy goals" that places all of this in a larger context, having to do with educational qualtiy. You know, an actual vision that imagines the kind of schools we want to have. In NY we have a higgedly-piggedly system involving hundreds of different evaluations schemes rendering any attempt to come up with a standard means of measuring success all the more difficult. Maybe someone has done this and I just need to be enlightened. Could be. But I doubt that I'm the only one. In fact I think to most taxpayers and anyone not directly connected to the public education system, the whole controversy surrounding teacher evaluations often appears to be little more than a bureaucratic and legislative shoving match, that will have, at best, an uncertain impact on what actually happens in the classroom.

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