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Reduction In Force:Rhee's Final Curtain Call ?


Featuring Candi Peterson, Blogger in Residence

Due to a budget shortfall and projected spending pressures in DC government, Mayor Adrian Fenty signed an Executive Order which will take effect on October 6. Click the link to see the Executive Order:

http://assets.bizjournals.com/cms_media/washington/pdf/executive%20order.pdf

As a result of spending pressures, DC Government inclusive of DC Public Schools will be under the following restrictions:

1. freeze on new hiring
2. freeze on all vacant positions
3. freeze on travel and training
4. there will be NO INCREASE in salary or benefits including increases in negotiated salary, wage and benefits provisions and negotiated salary schedules shall be provided in fiscal year 2011 from the fiscal year 2010 salary and benefits levels.

When the Washington Teachers' Union contract (2007-12) which was negotiated and finalized by 'Hold Over' union President George Parker and AFT President Randi Weingarten in September 2010, I questioned and raised concerns about a clause in the union contract language which states on page 103:

Article 40.1: The Parties agree that all provisions of this agreement are subject to the availability of funds.

40.2: Nothing in this Agreement shall be construed as a promise that Congress, the DC Council and any other organization shall appropriate sufficient funds to meet the obligations set forth in this Agreement."

I was worried that this clause which has never appeared in previous union contracts would come back to haunt us in addition to, protecting DC Public Schools from honoring the terms of our Contract Agreement once ratified. My gut told me that when Parker and Weingarten negotiated our teachers' union contract during a large looming budget deficit (158 mil) that it would only lead to problems for us down the road. Of course my concerns about the contract language that were addressed to 'Hold Over' Union President George Parker fell on deaf ears and of course the rest is history. While I don't have the answers to what the Mayor's Executive order means for DC teachers and school personnel, as a critical thinker it raises for me a number of questions and concerns that requires us to seek additional information on how this will impact teachers, school personnel, students and schools.

As if this news weren't bad enough, inside anonymous sources are also reporting that Chancellor Michelle Rhee's final curtain call will be another reduction in force (RIF) for DC public school employees much like the RIF that occurred a year ago last October. While these are only speculations at this point, It is reasonable to believe that cuts will need to be made due to "budget pressures." Certainly at Vincent Gray's town hall meeting on October 5, he suggested that cuts will have to be made in DC Government. Whether or not these spending pressures were manufactured by Rhee and company in order to cleanse DC Schools as one inside source suggests is a question a lot of people are wondering about. Another anonymous source raises some important questions that must be answered (see below). In the days up ahead, I will be exploring the answers to many of the questions below. If you have any insights, feel free to drop me an email @ thewashingtonteacher@gmail.com or post your comment on The Washington Teacher blog.

Questions That Deserve Answers:
1) Is the entire WTU contract that Ms. Rhee negotiated (all salary increases) out the window?
2) Is the entire 21% "negotiated" salary increase out the window?
3) Or is the "negotiated FY 2010" salary scale kept on as the FY 2011 salary level(s)? That is, no increase from FY2010 to FY2011?
4) What impact does this have on IMPACTplus?
5) Will this cause a RIF or excessed positions?
6) If positions are excessed, should highly effective teachers take the "bonus" pay? Are there strings attached for FY 2010?
7) What impact will this have on teacher professional development and implementation of the WTU contract?
8) How many open positions in DCPS are there and are they all frozen?
9) Does this affect the contractor and consultant positions?
10) If schools come in over their budgeted enrollment, can they still expect to receive "equalization" and if so, when?
11) Will DCPS increase the target average class size to reduce the number of teachers needed?
12) How will this help/hinder getting Spec. Ed budgeting under control and bring more services in house? Is it true that DCPS fired so many local Sped support personnel that they must now import services from very far out of town including airfare expenses??
13) What impact does this have on negotiating the CSO contract? Has that gone to arbitration yet?
14) What effect does this have on the other DCPS labor contracts and negotiations (AFSCME, etc.)?
15) Will DCPS seriously consider closing more under enrolled schools to gain back the economy of scale?
16) What does this do to the Fine Arts Middle School currently in the planning states, but with no announced budget?
17) What other initiatives are likely to be cut back?
18) Will this effect the outside evaluation of the educational reforms of the last three years previously budgeted at about $350,000 or so (estimated from memory)? When has this body met since the initial meeting? And what progress have they made?
19) Will this effect the CSM budgeting model or will we see a return to the weighted student formula for local school budgets in order to better ensure that the money actually follows the students?


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RIF'ed DC Teachers Challenge Union Colleagues To Fight

Teachers and school counselors who were recently laid off by the Rhee administration have stepped up their fight on behalf of unfairly laid off teacher colleagues. These group of laid off teachers and school staff are known as Fight for Fired DC personnel. Included in this activist group are Washington Teachers’ Union Executive Board members Sheila Gill, Willie Brewer and Agnes Dyson. This group plans to work to combat unfair November 2 teacher cuts by  Chancellor Rhee’s administration.

Fight For Fired DC Personnels’ first actions included advancing their written request to the Washington Teachers’ Union for financial assistance to the cover the cost of their legal appeals to OEA (Office of Employee Appeals). This request was sent to the WTU President George Parker as well as AFT President Randi Weingarten via certified mail.

At last week’s rescheduled December 15 executive board meeting, Sheila Gill, WTU Board member proposed a motion that the WTU will file a legal appeal of Judge Bartnoff’s November 24 ruling. It was noted that  there is a 30 day timeline to file an appeal. Although much discussion ensued, WTU President George Parker did not lend his support for a motion to appeal Bartnoff’s decision. He indicated that he did not vote since the motion did not result in a tie. Unfortunately, our union attorney was not present at the WTU Executive Board meeting.

 I spoke in favor of laid off teachers’ right to an appeal even though WTU President George Parker would not allow me to speak in the first round and only reluctantly allowed me to speak in the second round of discussions on this matter. I do not agree with the parliamentarian’s opinion (John Tatum)  that I should not be allowed to vote ex-officio as a member of the Board of Trustees (BOT) given that a decision was made for BOT members to be included in all executive board meetings. So it seems that Parker twists Robert's Rules of Order to his convenience denying me the opportunity to speak or requiring me to speak last in an effort to prevent my voice from being heard.

 Given that union president, George Parker historically is not a fighter, it is not surprising that he does not support teachers' legal right to file an appeal to Judge Bartnoff’s November 24 legal decision. However, what came as a surprise to me is that most elected teacher board members acknowledged that they had not even read Judge’s Bartnoff’s decision on the Temporary Restraining Order (TRO) and preliminary injunction which is not only posted on the WTU website but has also been written about and discussed in the mainstream media. Rather than take a stand to support their laid off colleagues right to a legal appeal, teachers on the executive board, some of whom acknowledged that they had previously been laid off- decided to either abstain from voting or cast their vote no.

It is troubling when teachers who are elected to represent teachers are uninformed about matters that impact our membership and vote to abstain from voting. Among those who abstained from voting included Robert Willis who by the way is a laid off teacher from Ballou Senior High and former WTU Building Representative. 

A roll call vote was held and here are the results:

Abstained from voting: Maria Angala (teacher/Jefferson MS), Joyce Armoo ( teacher/Seaton ES), Deborah Hines  (teacher/Beers ES) , Andre’ Taylor (itinerant librarian), Robert Willis (RIF’d teacher/Ballou SHS)

Voted No:  Camille Locke (teacher/Hart MS) , Erich Martel (teacher/Wilson SHS ), Lorraine Smith (teacher/Bancroft ES)

Voted Yes:  Willie Brewer (RIF'ed teacher/Marshall ES) , Agnes Dyson (RIF'ed teacher/Woodson SHS), Sheila Gill (RIF'ed counselor/McKinley TSHS) , Nathan Saunders (WTU Gen. V.P.), Diane Terrell (teacher/Stoddert ES).

Not Allowed To vote: Candi Peterson, WTU Board of Trustees

* According to Parliamentarian, John Tatum’s interpretation, WTU Board of Trustees are not allowed to vote even as ex-officio member’s of the WTU Executive Board. I have repeatedly challenged this interpretation to no avail.

Absent: Sallie Littlejohn Dorsey, Pablo Giron’, Jackie Hines (BOT), Milton Bruce Williams, Rashida Young

Retired or resigned: Derek Davis, Gloria Everette, Tenia Pritchard, Joshua Rascoe 

Given that there were five YES votes mostly from the laid off WTU Executive Board members to three NO votes, the motion passed. The WTU President agreed to notify our lawyer On December 16 that the motion passed and request that he prepare his legal appeal.

Posted by The Washington Teacher featuring Candi Peterson, blogger in residence

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Free Legal Consult For All DCPS RIF'd Teachers and School Counselors

You are invited to a special meeting with the law firm of

Joseph, Greenwald & Laake, P.A.

A free, two hour consultation has been arranged for DCPS Reduction In Force (RIF) teachers, school counselors and service providers who will be terminated effective November 2, 2009 only. This closed session is for informational purposes only and is being held to ensure that you have an opportunity to discuss your legal rights. Your participation in this legal consultation does not impede representation elsewhere.

When: Wednesday, October 21, 2009
Time: 4:45 p.m. - 6:45 p.m.
Where: 6404 Ivy Lane
Suite 400
Greenbelt, MD 20770-1417

This is a closed meeting organized by the rank and file union members. An RSVP is required. You may also visit the firms website at
http://www.jgllaw.com/

Many teachers/school counselors have wisely sought outside legal counsel to protect their valuable employment rights in addition to their union. You might want to also. Joseph, Greenwald & Laake, PA has an excellent reputation for handling similar matters.

Feel free to contact Nathan Saunders, WTU General Vice President @ 202-213-7081 or email The Washington Teacher c/o thewashingtonteacher@gmail.com Contact us if we can further assist in this matter.

Posted by The Washington Teacher featuring Candi Peterson, blogger in residence

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