Friday, July 31, 2009

Unfair Labor Practice Much?

Y'know, I'll never understand union bashing. When people badmouth teachers unions in particular, it makes me cringe. The bashers only focus on what they perceive to be bad about unions such as the oft complaints of safe-guarding bad teachers, protecting seniority and tenure and the like.

Let me just say this, when you have seen what I've seen this summer, it might change the way you think about unions - at least a little bit.

For instance, California Ed. Code gives rehiring rights to teachers who have been laid off for 39 months. In most cases, the only reason these teachers (mostly young, new teachers, btw) were let go from their teaching positions were due to economic uncertainties, as is the case in many districts in the Golden State. Rehiring rights tell Districts that if positions become open and a laid-off teacher is qualified to teach in that position, then the District must contact the teacher to ask if they want this new position.

In my District, we have almost one hundred teachers who are still without teaching jobs. Many will take part-time positions because as we all know, something is better than nothing. The District has decided to advertise (yet again) for newly created positions that these laid-off teachers are qualified to teach, most of which are part-time. So, this week I had to deliver a cease & desist and demand to bargain letter. As of right this minute, I've heard nothing from HR.

Then, we have the whole issue of health benefits. (Mary Alice wrote an excellent piece on health benefits - you really should go read it after you read what I have to say!) Many teachers opt for a 12 month paycheck. This means that during the 10 months of contractual work, deducations are made so that we can receive our summer pay and benefits. In the past, when teachers have been laid off, they keep their benefits until August 31st. It is benefits that we have already paid out of the deductions for the year. However, my district has chosen this year to make it really interesting. They are stopping coverage on July 31st and refunding money to these laid-off teachers.

The best part? Many teachers have not received any written notice that their coverage is stopping as of today! The District stated that in the final lay-off letter that went out in May, teachers were instructed to contact the Benefits Department to discuss their benefits package. This is what the District is using as their notice! As we all know, most people rely on what has happened in the past and past practice has been that laid-off teachers received benefits until August 31st. I know that more than a few of these teachers probably assumed that they were good to go until August and then they would do what they needed to do in order to maintain their coverage, i.e., paying for the COBRA package.

Of course, I am looking at the legal options to get the District do right by its former employees. It is still appalling to me that they would do this to teachers, many of whom really want to come back to teach in this District despite all the crappy things this District has pulled.

yeah, we don't need unions because we all know how benevolent employers are!

5 comments:

John Spencer said...

Although I am philosophically libertarian, I am a big fan of unions. I see them as a free market way to limit to handle worker's rights. Personally, I believe the union in my district has defended teachers, helped manage our health care, etc.

Jenn @ Juggling Life said...

I think that unions need to rehab their images by doing something about bad teachers, but there is no doubt that unions are necessary.

I'm glad your teachers have you looking out for them.

Mamie said...

OMG, I think I used to work in your district! And the kind of stuff you wrote about today is EXACTLY why I don;t work there anymo'!!!

Way to lead and stand up for your teachers! I am now in a "right to work" state without a true union (we have an "association") and without the kind of binding, inches-thick contract I was used to in CA. It's a whole different experience.

Cheri @ Blog This Mom! said...

Rock on, you! I feel inspired and privileged to read your leadership stories.

Dauphyfan said...

Well said! I was a first year teacher up here in Oregon at a school that was closed down. Since I was hired on a temporary contract and reassured that I would VERY likely be rehired, it surprised me that among many others I was not. Yet they reposted many positions instead of rehiring several of us. It made no sense. Districts need to have unions to keep them in line.