AFT Loses Court Bid But Gets One More Chance To Get It Right

Featuring Candi Peterson, blogger in residence

The beginning of the end could be near for Washington Teachers' Union 'Hold Over' Union President, George Parker (whose constitutional term ended June 30, 2010). Parker's demise could be as near as mid-September when the American Federation of Teachers Executive Council is scheduled to hold a hearing to address Parker's refusal to hold timely union elections, and reinstate Nathan Saunders, WTU General VP's pay forthwith and sign off on Saunders leave of absence from DCPS as an elected officer.

Initially, Parker's rationale for not holding elections as per the WTU Constitutional timeline of May 2010 was due to the WTU Elections Committee not being properly seated. Next, AFT Prez Randi Weingarten intervened in overseeing elections for the election committee in May. Parker then refused to turn over the required documents to the WTU Chairperson of the elections committee, Claudette Carson and its fourteen members despite repeated written requests. Parker's refusal further stalled the elections. Parker offered another set of excuses as to why elections would have to be postponed so that he could ensure the WTU membership list was updated due to transitions of teachers as a result of new-hires, retirements, resignations and teacher terminations by the Rhee administration. Parker and members of the WTU Executive Board- settled on a November election schedule much to the chagrin of AFT President Randi Weingarten and union members. (It should be noted that the role of the WTU Elections Comm. is to oversee union elections not the executive board).

In the meantime, months passed by and a July 10 hearing was held at the AFT headquarters with Parker testifying on his own behalf. When Parker didn't like the outcome, he filed a lawsuit using members monies. Subsequently, Weingarten instituted a 'limited administratorship' over the WTU in order to proceed with elections after gaining the approval of her top two executives with a follow up hearing scheduled at a later date.

Earlier this week an emergency lawsuit was filed by the American Federation of Teacher's in U.S. District court against the WTU hold over president- George Parker. AFT filed the lawsuit because they argued that the delay of holding elections compromised union democracy. According to Bill Turque who writes the DC Schools Insider blog : (Judge) "Kottar-Kelley said the AFT did not have reasonable grounds to believe that the emergency action was necessary and did not follow federal labor law by holding a proper hearing. But she added that if AFT follows the rules ( a hearing is scheduled September 10) they stand a better chance of succeeding because the law weighs in favor of the parent union organizations in such matters." One thing Judge Kottar-Kelley did provide to the AFT was a road map on what they need to do to proceed with taking over the WTU. This was evidenced in her (Kottar-Kelley's) written opinion in which she stated: "The court does note that once an administratorship is established pursuant to proper procedures, the presumption of validity under federal law insulates it from attack except upon clear and convincing evidence that it was not established or maintained in good faith."

While Parker views this court ruling as a win, what he didn't tell WTU members is that it is only a temporary win until the September 10 AFT Executive Council hearing. Parker only provided union members with partial information to include a two page order and not the thirty-three page written opinion from Judge Kottar-Kelley which is very telling.

While I do not have a crystal ball, I do believe that AFT President Randi Weingarten's September 1 press release gives us some insight into what possibly lies ahead. Weingarten stated: "In its ruling today, the court confirmed the AFT has the authority under its Constitution to conduct the WTU's 2010 elections for officers" and also found the WTU concedes that it failed to conduct its 2010 officers elections in a timely manner. We are pleased by this outcome, particularly with the court's findings that the purpose of the AFT's administratorship-namely to vindicate the democratic rights of WTU members to a timely election of local officers- was appropriate. We respectfully disagree, however, with the court's decision that this situation does not require immediate action. An election that should have been held months ago is now further delayed. Nonetheless, the court laid out a blueprint for moving ahead- and we look forward to all parties vigorously and fairly participating in the administrative hearing already scheduled for September 10."

Are Parker's days numbered? You tell me if you think Randi's AFT Executive Council will recommend a full administratorship takeover of the WTU ? What would you like to see happen to ensure democracy for union members? I'm listening.

WTU Prez George Parker Loses Control Of Union Operations

AFT, Parent Organization Enacts Limited Administratorship of WTU
On August 5, I reported on this blog that the American Federation of Teachers executive council issued an order requiring at long last that Washington Teachers Union members would have a union election of officers. The order stated that AFT would retain jurisdiction to ensure compliance . In addition to proceeding with local union elections, the order also required that the Washington Teachers' Union restore Nathan Saunders, WTU General VP's salary forthwith and grant approval of his leave of absence from DCPS through the election. Well it shouldn't come as any surprise that George Parker ( whose term as teachers' union president ended June 30, 2010) refused to comply with the terms of AFT's order. As reported by the DC Schools Insider blog on August 16, AFT Prez Randi Weingarten issued an ultimatum to Parker to 'comply or else'. Parker was given until noon on August 17 to comply with the AFT August 4 order. Parker's refusal to comply with Weingarten's directive by the deadline date has lead to President Weingarten placing the WTU at 11:30 am on August 17 under limited administratorship. In an August 17 letter to George Parker, Weingarten states: "This action (administratorship) is part of our ongoing efforts to ensure that the WTU elections are carried out in a manner consistent with the WTU Constitution and the AFT executive council Decision and Order dated August 4, 2010." Weingarten revealed in her correspondence to Parker that she has sent an electronic copy of a letter to union members notifying them of this action. In addition, she made Parker aware that he will be contacted shortly for a date and time for the administratorship hearing to be scheduled. Al Squire, AFT Director of the Southern region will serve as the administrator.

Weingarten stated in an August 17 letter to union members : "I have received written notice that the leadership and executive board of the WTU have refused to comply with the order issued by the AFT executive council. This noncompliance constitutes a denial of the democratic right of WTU members to participate in a timely, fair and transparent election process. None of us has the right to overrule or subjugate the democratic rights of any members of your union or any other union. For this reason the AFT executive council has voted to place the WTU in a administratorship for the purpose of conducting the internal election."

Read Bill Turque's article on the actions that led to this takeover (below).

Weingarten to WTU: Comply or else by Bill Turque
"AFT president Randi Weingarten says Washington Teachers' Union President George Parker has until noon Tuesday to comply with an Aug. 4 order to hold a mid-September election for new officers and delegates, or the contest will be taken out of his hands and conducted by the national parent organization.
In a letter to Parker on Monday, Weingarten said that unless AFT gets "an unequivocal sworn undertaking" from WTU complying with the order, an administrator "will be appointed effective forthwith and without further notice to restore the rights of members ... to secure and safeguard the vital records and assets of the WTU from immediate threat, and to take such actions as are necessary to protect the interests of the membership."

Elections were scheduled for May but held up because of a dispute over the legitimacy of an internal committee that handles some aspects of the contest. Parker and the union's executive committee reset the election for late November, contending that they wouldn't have accurate membership lists until later in the new school year. Also swirling in the mix is the long time feud between Parker and general vice president Nathan Saunders, once allies, but now opponents in the presidential race. The executive board voted to eliminate Saunders's $131,000 annual salary and withheld renewal of his leave of absence from classroom duties because of what it characterized as his refusal to account for the time he has spent on union business.

But after a July 21st hearing at AFT headquarters, Weingarten ordered a mid-September election with ballots to be counted Oct. 4, and said anyone who was an active member June 30 was eligible to vote. She also ordered Saunders placed back on the union payroll, calling the timing of the decision to zero out his salary "unfortunate."

In an Aug. 13 letter asking Weingarten to reconsider, Parker said Saunders is strictly a WTU matter. He also said the election orders are illegal and step on the prerogatives of the WTU executive committee. He contended that the June 30 eligibility cut-off would effectively disenfranchise hundreds of new teachers now in the process of signing up for union membership. (What he didn't say is that it might also allow teachers fired or excessed after that date -- union members who may might not look so favorably on reelecting Parker -- access to a ballot).

"We are greatly concerned about the damage caused by AFT's actions here," wrote Parker, who declined to comment on Weingarten's ultimatum early Monday evening because he had not spoken with his lawyers. "

DC Public Schools Teacher Terminations Effective July 16, 2010

Teacher Terminator Rhee Strikes Again !

As a WTU Building Representative, I have learned from an inside reliable source that Rhee and company have issued letters of termination to non-value added employees beginning this month. It is my understanding that itinerant related service providers and special subject teachers have received their official letters of termination this month notifying them that their last day will be July 16, 2010. You may recall that Rhee promised in a DC City Council hearing earlier this year to fire DC teachers and school personnel beginning the month of July. It is expected that teacher firings will occur later on this month as soon as the final IMPACT scores are calculated. Stay tuned for more on this story and updates about what will happen to DC's excessed teachers and school personnel.

I have posted an anonymous email (below) that I received from a related service provider who was recently terminated. I must admit I almost couldn't catch my breath when I learned of the termination of a colleague I have always considered highly effective. It boggles my mind. Here's the email:

Greetings Candi,

"After a 12 year career, I have been rendered ineffective by Chancellor Rhee, a woman who is called chancellor because of her lack of credentials. Warn the others that July 16, 2010 will be my last day."

Signed,

Anonymous

Washington Teachers' Union Election Tampering: Time To Impeach George Parker?

Featuring Candi Peterson, blogger in residence

The email below was written by an elected member of our elections committee condemning Washington Teachers' Union President George Parker and his failure to hold union membership meetings as promised and required under the WTU Constitution and by-laws. Thomas O'Rourke who also is a teacher and building representative at Roosevelt Senior High School notes that the elections committees efforts to conduct our teachers' union elections have been impeded by President George Parker's failure to turn over the necessary documents (i.e. membership lists and nominating petitions). Tom's correspondence reiterates what Claudette Carson, WTU Elections chairperson has been saying all along that Parker's refusal to cooperate with the elections committee has effectively cancelled this years scheduled election (due to be held in May, rescheduled by AFT to June) and will prolong his (Parker's) term in office beyond June 30, 2010 which O'Rourke notes is a theft of our union resources. Tom states that Parker deserves impeachment which I believe is a constitutional remedy for dictators like Parker. He (O'Rourke) demands an immediate convocation of a trial committee to be formed to address the crimes Parker has committed and believes that his email will fall on deaf ears by Parker as it's his style to ignore the requests of union members.

I can only imagine that our American Federation of Teachers' national union President Randi Weingarten and Al Squire, AFT representative will continue to duck their 'proverbial heads' in the sand all the while taking our close to a million dollars in dues monies claiming they don't want to get involved in local matters. Does O'Rourke's email speak for you? Should we save our union and impeach George Parker ? Do we need to take this matter to court or is time to do both? All I know is that in the words of an ole' school Gladys Knight song: It's Time For You To Go Now- Parker that is! Read the email below and share your thoughts.

June 16, 2010

George Parker, (Copied to AFT President Randi Weingarten, Al Squire-AFT )

"You have either forgotten to call a General Membership Meeting this month or never intended to do so, in which case you were lying to us (again) at the last delegate meeting. Your cynical manipulation and trampling of union democracy and worker tradition is both sad and disgusting and is directly responsible for the continuing decline of this union. In addition, your blockage of the election committee's duty to stage an election for officers, thus prolonging your term in office is theft of union resources -- unless you take no salary between the official end of your term and installation of either yourself or a new slate -- for which you will be held accountable. You deserve impeachment for these crimes against our union, conviction of said crimes, removal from office, ouster from this union and any and all working class organizations, and to be forever seen as an agent of management and traitor to the cause of the unionism.

I am thoroughly disgusted with your crimes and -*demand a convocation of a trial committee to specifically address these charges against you*. I know that, given the great amount of power under this Constitution you have, you will likely ignore this email and go on about your way, but know this: I, and others will make it our business to let the entire membership know of your nefarious conduct, your lack of accountability or even shame, and your cynical lies. I demand your immediate action on this demand of a trial committee or your resignation in which case, your final, official action shall be to turn over the necessary information to the election committee so that a democratic election be held immediately."

Thomas O'Rourke

Elections Committee member

Building Representative

Roosevelt HS

WTU's George Parker Fails To Submit Petition For Re-Election Bid For Union President

Breaking News

According to a press release sent to The Washington Teacher today, the author states: "For the first time in the history of the Washington Teachers Union (WTU), a sitting union president has failed to submit petitions to run for office in accordance with the requirement of the WTU Constitution and By-Laws rendering him ineligible to run for office." On May 10, 2010, during a special meeting at the headquarters of the American Federation of Teachers, George Parker, current President of the Washington Teachers’ Union (WTU), announced to Randi Weingarten, President of the American Federation of Teachers (AFT), Nathan Saunders, presidential candidate for WTU 2010 election, Candi Peterson, general vice presidential candidate for WTU 2010 election and others that he failed to submit nominating petitions for the upcoming General Election of WTU officers. The press release cites the WTU Constitution and By-Laws (Article 7, paragraph 2.C) which states “Official nominating petitions shall be made available to the membership at the March meeting or at the WTU office. Petitions must be returned to the office of the Washington Teachers’ Union on or before the close of the last regular working day of the Union in April. Verification of the receipt of each nominating position shall be in writing.”

WTU rank and file members believe that AFT's national president Randi Weingarten will resort to illegal means to keep George Parker in power at any cost even if it means over ruling a WTU constitutional requirement that states that petitions for the election of union officers be submitted on the last working day in April. Even though Randi Weingarten stated in our May 10 meeting that she only wants to 'get in and out' in order to assist with the WTU elections committee process, let's watch what Randi does in the days ahead. I believe Randi will do whatever it takes to undermine the ability of the other presidential candidates likelihood of success, particularly Nathan Saunders because she fears opposition from him on the WTU Tentative Agreement. With WTU George 'sell out' Parker at the helm, there is a greater probability that the WTU T.A. will be ratified. Stay tuned as this drama unfolds.- Candi Peterson, Blogger in residence

Posted by The Washington Teacher