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Should Teachers Strike Illegally?

 

by Donna Gundle-Krieg  February 24, 2009 Note: to comment on this and other stories about education, go to Examiner.com.

 

  

Another school district in Michigan is at risk for an illegal teachers’ strike.

 

A tape recording from the Education Action Group proves that the teachers’ union in Grand Rapids wants to take control of the school board in the May election, replacing them with candidates who will give the union a blank check at the bargaining table.  

 

If that plan fails, they would like to delay the start of school in the fall with a strike, either by teachers, or if they’re not willing, the district’s contracted bus drivers.

 

What a terrible example for our children! Why don’t adults remember that the purpose of schools is to educate kids, and NOT to guarantee certain jobs and compensation for adults? Where is the union that represents the students?

 

What really bothers me about this is that there are so many teachers who do not believe in what the union is doing.

 

When writing previous stories about this issue in other districts, I found out from teachers who cross the picket line during illegal strikes that they are hassled and pressured by the union leaders and some of their own peers.

 

For more information, see the press releases below.

 

See also:

“Emails Show Teachers Plotted Illegal Strike Using District Email”

“Bitter Teacher Talks Settled After Emails Released”

"Make Unions Accountable for Illegal Strikes"

 

GR UNION SLAMS SCHOOL BOARD ON AUDIOTAPE

 

GRAND RAPIDS, Mich. - The Grand Rapids school board says that comments made by union leaders during a Michigan Education Association conference show a lack of civility and may constitute bargaining in bad faith on the part of the Grand Rapids Education Association, The Grand Rapids Press reported.

 

The comments were recorded by an MEA member and provided anonymously to the Education Action Group, a non-profit school board advocacy group, which posted the recording on line, The Press reported. On the tape, Grand Rapids Education Association President Paul Helder says that only two or three members of the Grand Rapids board "are capable of some kind of independent thought" and that the union plans on "taking out another two"

during May elections, according to the Press.

 

Buz Graeber, an MEA representative for Grand Rapids, also is heard on the tape saying that the union plans to delay the current fact-finding process in an effort to stop the board from imposing a contract on teachers, The Press reported. The groups have been in negotiations for 18 months.

 

The board has asked its attorney for an opinion on whether the comments constitute bad-faith bargaining, according to The Press, but Helder responded that the board reaction is overblown.

 

In the audiotape, the men pointed out they're uncertain whether teachers will be willing to strike, The Press reported. Teachers are prohibited by law from striking.

 

Kyle Olson, EAG vice president, told The Press that the tape demonstrates that the teachers union is not interested in reaching a contract agreement.

______

SOURCE:

The Grand Rapids Press, "Grand Rapids school board says secretly recorded audiotape shows teachers' union is bargaining 'in bad faith'," Feb. 23, 2009

 

FURTHER READING:

Mackinac Center for Public Policy, "Make unions accountable for illegal strikes," Dec. 22, 2008

 

 

Education Action Group

 

RECORDING REVEALS GR UNION LEADERS' HOSTILE STRATEGY

School board take over, possible strike in store for GRPS 

 

   Grand Rapids city residents who are still hoping for a dignified resolution to the teacher contract deadlock can apparently stop holding their breaths.

 

   Leaders of the Grand Rapids Education Association, the union that represents approximately 1,700 district teachers, have a far less noble agenda, which they discussed at length during a recent informational session at a Michigan Education Association conference in Detroit.

 

   A recording of that session was recently sent to the Muskegon-based Education Action Group, a non-profit organization that advocates for spending reform in Michigan schools.

 

   EAG has broken the recording down into 14 clips, which can be found here or at http://www.educationactiongroup.org/.

 

  The recording proves that the union’s preferred option is to take control of the school board by defeating incumbent board members in the May election, and replacing them with candidates who will give the union a blank check at the bargaining table.  

 

    If that plan fails, they would like to delay the start of school in the fall with a strike, either by teachers, or if they’re not willing, the district’s contracted bus drivers.

 

    Under no circumstances do GREA leaders appear interested  in reaching an agreement with current school board members, whom they described as “puppets,” or the Grand Rapids school superintendent, whom they described as the “stuper-intendent.”

 

    During the informational session, MEA Uniserv director Buz Graeber predicted that the school board will invoke its legal right to impose a new labor contract on the teachers union sometime before September.

 

    To prevent such a move, Helder admitted that the union will purposefully drag out the current fact-finding process.

 

   “It’s going to be a zoo,” Helder said. “That’s by design. The only thing that keeps the district from imposing is fact-finding. The longer that process goes on, the longer it takes for them to be able to impose on us.”

 

    In the meantime, Helder made it clear that the union plans to go on the offensive, starting with the May school board election, where it hopes to remove current board members who stand in the way of its financial goals.

 

     There are three seats up for grabs in the May election. Incumbents

 Arnie Smithalexander and Tony Baker are seeking new terms, while incumbent Dave Allen is not running again. Helder didn’t specify which of the incumbents will be targeted for defeat, though the union endorsed Baker in the last election.

 

    “Last year we were able to knock two members off the board, and this year we plan on taking out two more, and that still won’t be enough,” Helder said. “The only way out of this is to elect a new board of education.”

 

    If that doesn’t work, it’s clear that the GREA leaders are ready to consider a strike to force their will on the school board.

 

    Graeber noted that in the Utica school district, teachers recently threatened to strike if the school board imposed a contract. But he but wondered if Grand Rapids teachers were willing to make the same commitment.

 

    “I’m not sure we can convince our members to tell the board, if you impose, we’ll walk out as soon as school opens in the fall,” Graeber said.

 

     But Graeber quickly added that the school district’s bus drivers are now represented by the MEA, even though they work for a private transportation company that contracts with the school district.

 

    He noted that the bus drivers do not have a collective bargaining agreement with the district, and could strike at the start of the school year if that remains the case.

 

   “They’re not public employees anymore,” Helder chimed in. “Now they have a legal right to strike.”

 

    Throughout the discussion, the GREA leaders demonstrated  their general disdain for current school board members, saying there are “two or three of them capable of some kind of independent thought, but that thought is always being controlled by someone behind the scenes.”

 

    The union leaders also voiced their disrespect for the superintendent of schools, Dr. Bernard Taylor.

 

    “Make sure it’s doctor, not mister – he had a meltdown when someone called him mister,” Helder said of Taylor.

 

    “Bernard is from Kansas City, in one of these glorious quote, unquote, right-to-work states. While he was there, I don’t need to tell you, the union there hated him.”

 

    Helder predicted that the outcome of the district’s labor dispute will have repercussions in other districts where the MEA is involved. So if voters or the current board cave into union demands, he thinks MEA members in other districts will be more likely get their way, too.

 

   “Our concern is more than just GR,” Helder said. “I don’t suppose any of us have to be told, certainly nobody in our county needs to be told, whatever happens in GR, whatever precedents are set there, will echo.”

 

801 W. Norton, Ste. 1 | Muskegon, Michigan 49441
info@edactiongroup.org | www.educationactiongroup.org

 

 

 

 

 

 

 

Education Action Group

Feb. 24, 2009

 

Dear Friends,

 

   Every so often, as we go about our daily business, we get the opportunity to expose something unusually revealing that taxpayers should be aware of. Such an instance arose recently when we were provided a recording of an MEA strategy session involving the leaders of the Grand Rapids teachers union.

   As you might know, Grand Rapids teachers have been without a contract for several years, and tensions between the school board and GREA leaders have heightened in recent months.

    In the taped informational session, GREA leader Paul Helder, MEA Univerv Director Buz Graeber and others were heard making disparaging personal remarks about members of the Grand Rapids school board and the district superintendent, Dr. Bernard Taylor.

     They were also recorded discussing the possibility of using a strike to delay the start of classes in the fall.  They admitted the teachers they represent may not agree to an illegal strike, so they discussed the possibility of convincing bus drivers to walk out instead, a move that would cripple the district’s transportation system.

    Helder and friends also discussed their plan to drag out the current fact-finding process to stall contract negotiations, their plan to unseat several incumbent school board members in the May school elections, and their success in manipulating a prominent Grand Rapids area news reporter.

    After reviewing the recording, we made it available online, believing school administrators and Grand Rapids residents had the right to know what was being said about them and plotted against them. We also sent out a general press release, and the story was picked up by several local television and radio stations, as well as the Grand Rapids Press.

   Grand Rapids school officials called a press conference to express their justifiable outrage. School board president Cathy Mueller demanded an apology from the union, and Helder responded by asking a reporter “for what?” Apparently Helder thinks board members should turn the other cheek when he describes them as “puppets,” or describes Superintendent Bernard Taylor as the “stuperintendent.”

   All in all, it appears GREA leaders deserve a failing grade in the “bargaining in good faith” category. As we stated in our press release, anyone waiting for a dignified resolution to the contract situation should not hold their breath.

 

BLAMING THE MESSENGER

   After the Grand Rapids story hit the airwaves Monday, an MEA spokesman in Lansing blamed EAG Vice President Kyle Olson for creating the controversy by “secretly recording a private meeting.” Well, he didn’t record it. That was done by an MEA member who chose to forward the recording to us. And there was nothing private about the meeting. It was an open, advertised forum that was part of a scheduled MEA collective bargaining training session in Detroit.  It was open to any MEA member who cared to register and pay the fee.

    There was nothing, written or stated, that forbid the recording of the session. And nobody asked those present to keep the content of the conversation private. Union leaders were simply foolish to vent in such an open forum. They have nobody to blame but themselves.

    The MEA spokesman also implied that Olson, being from “outside Grand Rapids,” stuck his nose where it didn’t belong by publicizing the recording. We responded in a yet-to-be-published editorial in the Grand Rapids Press, telling the union, in no uncertain terms, that everything involved with the management of every public school in Michigan is the business of every Michigan taxpayer. The MEA only wishes that organizations like EAG would go away, so union leaders could pursue their selfish agenda while avoiding the public spotlight.

    Well, no such luck, MEA. We are proud of the fact that we made the recording public, so school officials and taxpayers in Grand Rapids could get an honest glimpse of the union officials they’re dealing with. Chalk up a point for transparency in government. And stay tuned, because we will continue to closely monitor the Grand Rapids situation through the May election, and until a new teachers’ contract is finally enacted. Things could get even more interesting. . .

 

ONE DOWN, PLENTY TO GO

 

    One school district where EAG was involved, Three Rivers, recently settled on a new teachers contract that allows staffers to maintain a downgraded form of MESSA health insurance coverage. It wasn’t a total defeat, because the new insurance is less costly than the super-priced “MESSA Supercare” coverage, which the union clearly prefers to have in every district possible.

    Any negotiated settlement that saves a few dollars for a small school district has to be considered a small victory. Kudos to Three Rivers Superintendent Roger Rathburn and the school board for standing up to the MEA on this very important issue.

   But the MESSA debate has spread far beyond Three Rivers. Already school boards in districts like Gaylord, Waterford, St. Clare Shores Lakeview, Elkton-Pigeon-Bayport, Mendon and Centreville have rid themselves of the MEA-owned insurance carrier, and several other Michigan districts are currently considering such a move. In Waterford, the district reported saving more than $500,000 in just a few months after dumping MESSA and replacing it with less expensive but high quality health coverage for teachers.

    We will be active in providing support for school boards across Michigan as they strive to save money on insurance costs, and will keep you updated on our efforts.

 

TOLD THEM SO

 

   As you might recall, the MEA floated a plan a few weeks ago to increase teacher pensions in an effort to encourage more members to retire. Union leaders said the plan would save school districts money, because veteran teachers would be replaced by less expensive younger teachers.

    We immediately recognized the plan as nothing more than a plot to shift school expenses from the payroll ledger to the retirement ledger. In published reports, we predicted that schools would  lose money in the long run from the increased pension and insurance costs for retirees. We also noted that the MEA would sacrifice nothing, since lost members would be replaced with younger dues-paying teachers.

    Guess what? The non-partisan Michigan Senate Fiscal Agency now says the plan will result in $127 million to $595 million in extra costs for schools per year. Already Gov. Jennifer Granholm has come out against the plan, and other state leaders have followed.

   Here’s hoping we can nail the lid shut on this misleading idea very soon, and consider more sane and sensible ways to save dollars in public schools.

 

PLEASE GIVE US A BOOST

 

   As most of you know, the EAG is comprised of a lean, two-person staff working full-time to support school boards as they try to make financially responsible decisions while battling MEA pressure tactics. We believe in our cause, and the support services we provide school districts in crisis are done free of charge. While we’re accustomed to existing on a shoestring budget and getting the most out of our money, current funds are running low and we need your help. If you approve of our mission and share our goals, please give whatever you can afford, as soon as possible. To donate, simply click on www.educationactiongroup.org/. In the meantime, we’ll keep fighting the good fight and updating you on our progress.

 

801 W. Norton, Ste. 1 | Muskegon, Michigan 49441
info@edactiongroup.org | www.educationactiongroup.org

 

 

 

 

Make Unions Accountable for Illegal Strikes

(Editor's note: This is an edited version of an Op-Ed that appeared Dec. 14 in The Oakland Press.)

Government employee strikes are illegal in Michigan, but that has not stopped teachers unions from taking to the picket line and winning concessions. In the recent case of the Wayne-Westland school district, a state judge ordered striking teachers to return to work but exacted no penalties. Since current law appears to be toothless, it's time to consider a new approach.

The current penalty for a strike by public school teachers is a fine equal to their pay for every day they refuse to work. In theory it's a stiff penalty; in practice it still sometimes fails to serve as a deterrent. There are two reasons for this. First, the penalty is difficult to enforce. A school district must be prepared to go through court hearings for every teacher it intends to fine. Legal costs alone make this prohibitive.

Second, the penalty doesn't affect the most responsible party: the union that called the strike. In the case of Wayne-Westland, there is reason to believe that the striking teachers themselves are being manipulated into believing that the issue of health plan administration is of greater importance for them than it actually is. (The union wants to retain health coverage under the Michigan Education Special Services Association, a third-party administrator and Michigan Education Association affiliate that outsources insurance underwriting to Blue Cross Blue Shield and resells the policies to school districts.)

Proposals by the district give teachers several options. For a modest employee contribution, teachers can still select one of two Blue Cross Blue Shield insurance plans administered by MESSA — much as they have now. Or they can select another Blue Cross Blue Shield program, albeit under a different administrator.

This may be disappointing to teachers, but it is not clear it's an issue worth breaking the law over. Earlier this year, a neutral state-appointed fact-finder recommended that teachers in the Waterford school district accept a Blue Cross Blue Shield insurance package with a new administrator in place of MESSA. The fact-finder determined that the two health care packages were "substantially equal and without significant differences as to the benefits available."

But the issue of who will administer teachers' health insurance is worth thousands of dollars a year per teacher to MESSA, which has MEA officials serving on its board. MESSA has paid marketing fees to the union in exchange for promoting MESSA to its members and writing MESSA coverage into collective bargaining agreements.

An effective deterrent to illegal strikes should be directed at unions at least as much as teachers, and should avoid the administrative hassles of the current law. Michigan's Public Employee Relations Act should be revised to include new penalties.

Rather than fines, bargaining units that go on strike should have their collective bargaining rights suspended for a period of one to three years. During that time, any collective bargaining agreement in effect should be suspended, and the union should temporarily lose its rights of exclusive representation, allowing the school district to negotiate with teachers individually. This would include the right to collect mandatory membership dues or agency fees. Teachers would retain the protections of tenure and could retain union membership voluntarily. Because the district would only need to show that a strike occurred, the administration and application of the suspension would be much simpler.

The right to bargain collectively comes with responsibilities: a respect for the law and for the people of Michigan, acting through their elected officials, as the final authority over all matters of government, including the pay, benefits and working conditions of government employees. Illegal strikes subvert both, and Michigan would be well within its rights to temporarily withdraw the right to bargain collectively from those who flout the law and the authority of the people.

#####

Paul Kersey is director of labor policy at the Mackinac Center for Public Policy, a research and educational institute headquartered in Midland, Mich. Permission to reprint in whole or in part is hereby granted, provided that the author and the Center are properly cited.

 

 

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