Who is Best Equipped for Friedrichs Ruling?

Lois Weiner, an education professor at New Jersey City University and a noted teacher union activist recently wrote a really fantastic piece on the impact Friedrichs will have on teacher unions.  Check it out below.

Via New Politics…

Much has been written about the harm the Supreme Court will wreak on US labor if it overturns the right of public sector unions to charge nonmembers a fee equal to the cost of the union’s expenses in representing them. Pundits on the left and the right have predicted a cataclysm. Will it “decimate” labor? Is it likely a “killing field for unions.” Ironically, Supreme Court Justice Scalia (as David Moberg noted) is one of the few people who has identified how unions are actually weakened by representing “free riders,” workers who haven’t been persuaded that they should join the union.  It’s significant that Friedrichs targets the California Teachers Association because the case continues the intense teacher and teacher-union bashing that has characterized political rhetoric and policy about education reform in California, across the US and globally, from Democrats and Republicans. The Right has demonized teachers unions because they can be formidable opponents. Teachers and their unions are the best organized, most stable opponents of policies privatizing public education.  As was evident from the 2012 strike of the Chicago Teachers Union, teachers unions that adopt a “social justice” orientation and are committed to building the union at the workplace (school site) can challenge the political status quo in ways other unions have not been able to do for many years.

However, despite – and because of – the ferocity of the attacks on teachers’ wages, benefits and professional autonomy, teacher unionism is being reborn. Activist teachers are growing reform caucuses committed to transforming their unions in almost every major US city. From Philadelphia to Seattle, Boston to San Francisco, Massachusetts to Los Angeles, a new generation of teacher union activists is taking on — and down — the old guard.

The reformers’ contestation is a serious challenge to the current union leaders, who must balance their self-conception as power brokers, nipping at the edges of the reforms pushed for public education (more privatization; standardized testing used to control what is taught and how; loss of due process protections for teachers), with members’ increasing militancy. Increasing numbers of teachers don’t want a “seat at the table” because they see their jobs threatened, schools closed, kids hurt by seemingly “practical” deals the union negotiates. The increasingly successful challenges to teacher union leaders who have controlled their locals for decades explains why the American Federation of Teachers (AFT)bulletin to members about Friedrichs eschews the grim predictions of most pundits. While noting the harm Friedrichs can do, the union argues it will weather a loss of agency fee — by organizing.

Members infuriated with the choice of AFT and the NEA (National Education Association) leaders to protect their access to the Obama administration instead of launching an offensive to turn back policies teachers feel hurt the profession and kids, especially linking teacher salaries to students’ standardized test scores, are not going to placated by the unions’ new interest in organizing. Many teachers feel betrayed, deserted, by the organizations they looked to for support of the profession and public education.

Friedrichs will do the most harm to the unions that are most bureaucratic, that have relied on the legal right to collect fees rather than do political education — organizing — of members. A ruling against the unions in Friedrichs won’t retard the organizing we see in Detroit, by teachers who staged a “sick out”that closed the system — without their union’s help. A loss in Friedrichs won’t halt the momentum of Organize2020, the social justice reformers in the North Carolina teachers union, who don’t have collective bargaining, let alone agency fee. Their organizing occurs side by side with civil rights activists. The fight to raise the wages of low paid workers is as much a concern for these teacher union reformers as is teachers’ salaries.

Teachers unions that organize by building member “ownership” of the union will be hurt by loss of agency fee, but they won’t be crushed.  It’s not Friedrichs that’s the biggest threat to teachers unions but rather the continuing belief that union officers and staff can do things for the members the members can’t win by mobilizing.  To restore union strength unions don’t have to rely on “fair share” from people who don’t want to join the union. We have to create unions teachers want to join, unions that will fight hard on economic concerns while showing parents and students how unions can use organizational strength and political power to defend good schools for all kids.

Lois Weiner, a member of the New Politics editorial board, is Professor of education at New Jersey City University and the Director of the Urban Education and Teacher Unionism Policy Project. You can follow her on TwitterFacebook, and here at New Politics.

Weiner does a really good job of highlighting the types of unions that may ultimately be crippled by a Friedrichs ruling that goes against the unions.  It won’t be the unions who already place a heavy emphasis on organizing rank and file around the issues that matter most to our members, our students, and our communities.  The unions that will suffer the most are the bureaucratic, top down model unions such as the UFT and NYSUT.

When you have a union whose only real organizing efforts have been to ask members for more VOTE-COPE money and to fire off a few faxes or emails you are likely to find a membership who is disconnected and disengaged.  It is harder, in these circumstances, to find value in your union.  This is particularly the case when those frequent requests for more money come amidst a string of huge legislative losses.

Building a successful and democratic union starts with building it at the workplace.  Within the grade levels or departments that we work in.  In our individual schools and school districts.  Through finding the problems that impact our work and working together to find solutions.  Through developing and implementing those problem solving strategies together.

The type of unionism that will survive will be the type that encourages debate and differing opinions.  The kind whose leadership welcomes questions and challenges from it’s membership and the type of union that welcomes contested elections.

None of these things are what we find in NYSUT as evidenced by my exchange with Karen Magee last week.  Instead we are told to trust that the officers are fighting for us when the leaders are questioned.  We get elections that are either pre-determined by backroom deals or are rigged by loyalty oaths.  We have “Call Out Cuomo” campaigns to raise money that was ultimately used for pro-Cuomo commercials.

I am not exactly sure what will happen if the decision doesn’t go our way in the Friedrichs case.  However I feel far more confident that the PJSTA will survive it than I do that NYSUT will.

Feel free to leave your thoughts on Friedrichs in the comments.

Weekend Reading

A few good reads to check out before Monday rolls around…

Shaun Richman discusses how a loss in the Friedrichs case could make make strikes constitutionally protected free speech and thus nullify the Taylor Law in New York State… How ‘Friedrichs’ Could Actually Unleash Unions from Decades of Free Speech Restrictions

The Gadflyonthewallblog has a post on what unions used to be, what they are now, and how we can get back to reclaiming power… Unions Can’t Just Be About What We’re Allowed to Do: Social Justice Unionism

A few other blogs joined us with tribute posts to the now former blogger Reality-Based Educator…

Ed Notes Online… RBE at Perdido Street School Blog Endorses MORE in, Sadly, Final Blog Post

ICEUFT Blog… REALITY BASED EDUCATOR SAYS GOODBYE TO BLOGGING WHILE ENDORSING MORE

B-LoEdScene… Perdido St. School Blog Signs Off– Wonder Why?

 

My Union IS My Business

Recently somebody from NYSUT was kind enough to recommend that I share questions and concerns that I had been tweeting about, with the NYSUT officers, with the idea that answers from them might comfort me and perhaps quell the negative feelings I have had about our parent union.  So on Friday I sat down and wrote out the following questions…

1. What are our strategies for deep organizing around having the Ed Transformation Act repealed?
2. In light of the increasingly stronger and successful actions taken by teachers not only nationally but globally, what are NYSUT’s plans for escalating statewide acts of civil disobedience and what is the plan to organize for actions of that magnitude?
3. What are the major cost cutting efforts underway in preparation of Friedrichs?…  Will metro funding be reduced?  Will it be proposed that we reduce the number of officers?  What percentage of a pay cut can we expect the officers and board of directors to take?  Will staff be cut?  How will field services be impacted?  What lines of communication are you opening with the rank and file to be sure that they have say in regards to what expenses are cut?

4. What is NYSUT doing to move from a top down, business unionism model to a union that is driven by it’s membership?
5. What suggestions does our leadership suggest for creating a more democratic union that is more representative of the rank and file’s voice?
6. How does a rank and file member go about seeing how VOTE-COPE funds have been spent?

To her credit, NYSUT President Karen Magee was quick to get back to me.  Here were her answers…

Thanks for writing. While we are always interested in engaging our members in the substantive issues that you raise in your email, I’m sure you also understand from your position as a union officer that much of what you raise here is subject to high-level negotiations. In any negotiating scenario, it’s imperative for the officers to let the members know that they are fighting on their behalf, as we have done, but just as crucial that the ebb and flow of the actual negotiations remain at the bargaining table.
The questions you raise in your third bullet point, in particular, are topics that are the purview of the Executive Committee of the Board of Directors, and certainly not topics of general discussion.
I flatly reject the premise of your fourth and fifth questions, in which you suggest that NYSUT is neither “driven by it’s [sic] membership,” nor “representative of the rank and file’s voice.”
I’m confused by your question about VOTE-COPE funds; a check of our records indicate that you are not a contributor to VOTE-COPE, so I’m not sure about the nature of your concern. Should you wish to see how VOTE-COPE contributions are being used, you can seek an appointment with Executive Vice President Pallotta to discuss.
Please don’t hesitate to contact me with any further questions.

Ms. Magee’s response, unfortunately, was exactly what I expected.  In essence what I was told was, “We are member driven and representative of the rank and file’s voice because I say we are.  Also none of what we do is any of your damn business… and if you want to know how we spend VOTE-COPE money then you can come up to Albany!”

I am not sure why organizing strategies to repeal the Ed Transformation Act of 2015 would be considered “subject to high-level negotiations” at this point in time.  We are well into budget season and there has been no apparent strategy to repeal the act, likely because NYSUT is choosing not to advocate for the repeal of the single most damaging piece of legislation that New York teachers have seen.  Unfortunately Ms. Magee’s assurance that the officers are fighting on my behalf does little to instill confidence in me.

I find her response to be equally unacceptable when it comes to my questions regarding potential cost cutting efforts.  There is a very good possibility that the ruling on the Friedrichs case will do tremendous financial damage to the union.  As a result one would think that members had the right to know what cost cutting measures are being submitted.  At the very least you’d believe that the rank and file’s input would, in some way, be encouraged as part of the process to develop a budget that makes necessary cuts.  The problem is that the officers might not hear what they want to if they communicated with members over those issues.

It is important to remember that at last year’s NYSUT RA, Unity Caucus lead the fight to add an additional officer position.  It’s also important to know that each NYSUT officer has a salary in the $250,000-$300,000 range with benefit packages that make the price tag soar even further.  You’ll want to recall the current officers voted themselves a 2% raise only months after their election.  Those are important considerations when it comes to where cost cutting measures should start.

At every NYSUT event I have attended I have gotten some sort of NYSUT tote bag.  Within days those bags typically ended up in the garbage or buried in the back of a closet.  Typically filling those bags have been materials printed on thick, glossy paper that I may have casually scanned before they ended up in the garbage or buried in the back of the aforementioned closet.  My point is that there are many places to shave considerable money off of before valued field services are impacted.  I believe the leadership has an obligation to engage the membership in discussion about what we view as the most important uses of our dues money.

As I have shared on this blog before, at one time I gave about $200 per year to VOTE-COPE.  The decision not to oppose Andrew Cuomo in the 2014 Democratic Primary when a worthy opponent in Zephyr Teachout was running was the final straw for me.  After that I reduce my VOTE-COPE contribution to $0.  In the year and a half since that time I have listened to NYSUT operatives stress time and again the need for increased VOTE-COPE contributions.  Were I ever to reconsider my decision not to contribute, you can bet I’d want to see how that money is being spent.  I don’t think that is an unreasonable expectation at all.  What I did find unreasonable, was Magee’s “confusion” over my question and her suggestion of having to seek an appointment with Andy Pallotta if I wanted that information.  Mind you, Mr. Pallotta’s office is at NYSUT headquarters in Albany.

All of this brings me to my biggest point.  Ms. Magee stated, “I flatly reject the premise of your fourth and fifth questions, in which you suggest that NYSUT is neither ‘driven by it’s [sic] membership,’ nor ‘representative of the rank and file’s voice.'”  This statement conflicts with nearly every aspect of the rest of her message.  Other than my final question, which she answered with an unreasonable suggestion, she basically refused to answer any of my questions.  To me, the refusal to answer questions or engage membership about these important issues are the very essence of top-down unionism.  The decision not to organize around the repealing of the Ed Transformation Act is the very opposite of representing the voice of the rank and file, whose careers and students are being wrecked by the legislation.

It is still stunning to me that this is the sort of response we get from the union, despite the pending Friedrichs decision.  As long as there is an opportunity to be a part of a union, I will always choose to do that.  I firmly believe that belonging to an ineffective union is better than belonging to no union.  At the very least it gives you a structure to work within to bring change.  However, I know that there will be many who don’t opt to remain a part of NYSUT.  When that happens the union only has to look at the, “It’s none of your business how we operate the union” sort of mentality that has pervaded it for far too long.

 

 

A Blogging Hero Says Goodbye

rbe

There are an number of exceptional bloggers in the public education blogosphere and I thoroughly enjoy reading many of them.  However, as much as I enjoy a number of them, my absolute favorite has always been “Reality-Based Educator” from the Perdido Street School blog.  I enjoy his willingness to call it like it is and cut through the nonsense to get to the heart of issues.  Nobody’s voice has better represented that of the rank and file teacher than his.

So it is with tremendous disappointment that I read his goodbye post today.  He certainly has every right to stop blogging as the frequency of his posts and the research and reading behind those posts must take a tremendous amount of time.  However he will be greatly missed by many readers.  Here is to hoping he still keeps an active presence on Twitter.

Thank you RBE for being such a strong voice in favor of students, teachers, and communities!

Here is his Goodbye and Good Luck post

Goodbye And Good Luck

This will be the last post at Perdido Street School blog.

I have been blogging for ten years at various sites.

For reasons that have been brewing for some time now, I have decided ten years is enough.

I can no longer give the blog the kind of attention I have given it in the past and so, I’ve decided it’s time to shut it down and move on.

Thanks to all the readers and commenters over the years.

Thanks especially to Arthur Goldstein at NYC Educator, who got me started at this all those years ago, and thanks to my blogging buddies Norm Scott at Ed Notes Online, Sean Crowley at B-Lo Ed Scene, James Eterno at ICEUFT blog, Brian at Port Jefferson Station Teachers Association blog and Chaz at Chaz’s School Daze.

The battles in education these past ten years have been brutal and we have seen our profession transformed into something barely recognizable from when I first started teaching fifteen years ago.

Common Core, teacher evaluations tied to test scores, EngageNY scripts and drive-by Danielson observations have ensured that many of us are teaching by numbers if wish to remain in our jobs for any period of time.

If you’re a reader of this blog, you know that all the “change” we hear that is happening in education – from Cuomo’s Common Core Task Force “reforms” to the changes NYSED Commissioner MaryEllen Elia says we’ll see out of the State Education Department, is just so much window dressing.

The instructional focus of the Common Core remains.

The bludgeon of the Endless Testing regime on individual schools remains.

For many teachers, teacher evaluations tied to test scores remain.

The unions have run ads lately touting change, but quite frankly, there is no change  – just more of the same with minor tweaks.

Thankfully there is a parent-led pushback movement in Opt Out that continues to terrify the politicians and educrats, that continues to keep them off balance and on the defensive.

I must admit, I don’t have a ton of optimism for any positive substantive change coming to public education in the near term, but if any does come, it will be as a result of the Opt Out movement and all the tireless folks there doing the work to end the Endless Testing regime.

When I first started blogging, the corporate education reform movement was in the ascendant, with no real pushback to them in the media or politics.

Despite the media narrative of the “powerful teachers unions,” the unions never really tried to counter the reformers – they instead  collaborated with them on teacher evaluations, Common Core, Danielson, streamlined contracts and the like.

But the Opt Out movement has become that pushback and therein lies the hope I have for the future of public education – that parents, along with teachers, will take back their schools from the corporate reformers, the educrats, the consultants, the edu-entrepreneurs and the bought-off politicians.

If there is any bright light in the maelstrom of deform that we inhabit these days, it is the advent of a parent-led movement against the powers that be and their corporate backers to transform schools into one size fits all factories and children into interchangeable widgets.

On the union side, there are many great folks pushing back against the union leaders in the AFT, NEA, NYSUT and UFT, trying to end top-down unionism and make the unions more representative of the views of the rank and file.

In NYC, that movement is led by the people at MORE and before I go from the blogging scene, I want to say that I fully support the MORE candidates in the coming UFT elections and hope that we can finally get some people into the UFT leadership who fight for teachers and the teaching profession rather than sell us and it out piece by piece.

And with that, I say goodbye and good luck.

Inept NYSUT Leadership Attacks Own Members

Yesterday  I came across a couple of tweets from the NYSUT Unity Caucus, the caucus that has been the controlling caucus of the statewide union since NYSUT’s inception.  The caucus of Randi Weingarten, Mike Mulgrew, Andy Pallotta, and the army of Unity hacks who vote however they are told to vote. The tweets were directed at MORE Caucus, the primary opposition to Unity at UFT level…

 

 

MORE’s response…

 

 

The second Unity tweet..

 

 

It’s simply unbelievable to me that Unity Caucus, synonymous with top down unionism, who over time has benefited from a disengaged and slumbering membership, would call out MORE for “all talk, no action”.  Especially given the fact that MORE has a well earned reputation for organizing and agitating with the best of them.  The very fact that they have built such a formidable opposition to Unity Caucus is an indication of how active they have been.  People like Mike Schirtzer, Jia Lee, Megan Moskop, Lauren Cohen, James Eterno, and so many others are the very definition of union activists.

This, of course, isn’t the first time we have seen NYSUT’s Unity caucus launch these sorts of nonsensical barbs.  Only two months ago they used the same tactics to smear PJSTA President Beth Dimino.   It’s just a shame that during the very week the Friedrichs case was heard in the Supreme Court our feckless and inept union leaders focus was on attacking their own members.