A Guide to Interpreting WTU-DCPS Contract Talks

Written by Candi Peterson, WTU General Vice President

Statements or expressions of opinions herein 'do not' represent the views or official positions of DCPS, AFT, Washington Teachers' Union (WTU) or its members. Views are my own. 

For the record, I am not a member of the WTU contract negotiations team. Like you are, I am a  concerned union member. 

From where I sit, it’s not looking good for the negotiations between WTU and DCPS. Let’s just say negotiations aren’t dead, but negotiations seem to have broken off with WTU and members of the Chancellor’s team.

DCPS teachers are complaining because the last contract expired in 2012, and three years later, they still are without a contract. Having gone this long without a contract, it’s understandable why many teachers’ see no real end in sight.

In reaction to teachers’ concerns about not having a contract, WTU recently released a contract update on October 19, 2015; titled WTU-DCPS Contract Talks FAQs. My analysis here is an attempt to provide educators a guide in interpreting WTU-DCPS contract talks. The WTU FAQ sheet reveals:

“WTU President Elizabeth Davis and our negotiators are committed to reaching a new agreement by the end of December. In order to accomplish this, the WTU will direct its focus to engaging in full-time contract negotiations. We’re pushing hard towards that goal….”

We must ask if President Davis is recommending full time contract negotiations, is this a viable option given that most of the members on the negotiating team are  either full-time principals on the chancellor’s team or full-time teachers on the WTU team? Is it likely that DCPS would agree to this when this proposal would require that teachers and principals on both sides would have to abandon their schools/classes for an extended period of time?  Is the end of December 2015 a realistic time frame for the completion of a tentative agreement?  It seems highly unlikely unless Davis has a tentative agreement tucked away in her hip pocket. When did both sides-WTU and DCPS last meet? Was it during last school year (14-15) ?

The WTU FAQ sheet gives the following responses regarding Why negotiations

are taking so long?

“Bargaining can be a long and complicated process particularly when there are significant issues to be resolved. The talks have now stretched over two administrations. The former administration had offered proposals that would have lowered the professionalism and undercut the voice of teachers….

Your bargaining team drafted new proposals that would move us in a better direction …. Time and again, the school district has appeared to take the slow play approach to bargaining. We repeatedly proposed full time negotiations everyday-DCPS said no. We proposed meetings over the summer-DCPS said no. Back in January, we requested the financial and programmatic data essential to informed negotiations nearly 10 months later, we are still waiting. DCPS says it agrees with the goal of finishing by the end of the year, and we are hopeful DCPS actions in the future will represent a real commitment to this aim.

WTU and DCPS shared their respective proposals, and it was clear that we were far apart on some major issues; including protected planning time, class size, supplies and support.”

It’s a given that contract negotiations can be long and complicated and have spanned  two administrations under Saunders and now Davis. This is not news. This explanation  focuses on what former President Saunders’ administration offered in his contract proposal. What this explanation doesn’t tell us why President Davis has been unable to secure a tentative agreement in two years and three months in office?

 It would seem logical to me that both sides would disagree on the major issues cited above. Isn’t that the whole point of negotiations that there has to be give and take on both sides in order to reach a compromise?

There’s got to be more than just disagreements about when to hold contract meeting talks with DCPS.

What are the difficulties in communication on both sides?  Isn’t it true that previous contract teams didn’t meet full time or during summers yet negotiated a tentative agreement? The WTU FAQ sheet suggests that WTU proposed a 2015-16 contract negotiations schedule yet “DCPS said no.”  So are we to believe that the weekly dates printed in the WTU yearly 15-16 calendar  beginning September 10, 2015 and ending June 20, 2016 were all rejected by DCPS?

What does Davis mean when she states the school District has appeared to take the slow play approach to bargaining? The word ‘appears’ is the operative word in this sentence. It certainly conflicts with Davis’ earlier statements that the Chancellor and her team were refusing to meet.  As members, we deserve to hear the whole story not just some ‘talking points’ crafted to quell member dissension. Inquiring minds want to know the details.

What are our priorities?  The WTU FAQ sheet lists the following as priorities:

"Educational resources, expansion of the community schools concept, mutual consent alternative, time and tools and salary and benefits."

We all agree that resources, planning time, salary and benefits are givens in most contracts. But let’s cut to the chase. What else besides a mutual consent alternative is among WTU’s top key priorities? For starters, how is WTU approaching DCPS’ desire to extend the school day? Is extended day a non-negotiable item for WTU?  Has WTU resigned not to discuss this issue with management?

Where are we now? The WTU FAQ sheet says:

"We are in the early stages of mediation process that began when DCPS asked-and WTU agreed- to seek the help of a mediator. President Davis has met several times with the proposed mediator, and hopefully with the agreement of DCPS, we will soon begin full time negotiations."

What is the conflict that led to a mediator being considered by DCPS?  Has WTU presented their choices for a mediator to DCPS? If so, when? If not, why not?

What’s next? The WTU FAQ sheet indicates:

"….. Transparency has been a guiding principle for your bargaining team. We have tried to make sure you have accurate, real time information on our negotiations. Over the next few weeks, your WTU leaders, district representatives and building representatives want to have conversations with as many members as possible…..”

I certainly hope transparency will be the new flavor of the day and is not just some promise of empty rhetoric.  So far the lack of transparency has not been the trademark of WTU Chief Negotiator Elizabeth Davis. After two plus years of negotiations, we are long overdue for regular updates.

We cannot remain complacent when it comes to teacher contract negotiations like many teachers did during the 2010 sellout contract negotiated by former WTU President George Parker and AFT President Randi Weingarten. What I hope to show here in this article  is that we must learn to interpret political double-speak because oftentimes we are given only partial truths, albeit from elected leaders. Feel free to use some of my questions posted here as a guide when asking questions about WTU contract talks.

On Tuesday, November 10th we will hold our next WTU Representative Assembly meeting at McKinley SHS @ 430 pm where teacher contract talks will be the subject on the agenda. Come prepared to ask the tough questions for which you want answers. Hope to see you there.

© Candi Peterson, 2015

Teachers Say No Freaking Way to AFT Endorsement of Hillary Clinton

By Candi Peterson, WTU General Vice President

On Saturday, July 11th - the American Federation of Teachers (AFT) President, Randi Weingarten came under fire after her executive council voted overwhelmingly to endorse Hillary Clinton for the democratic primary for President of the United States. AFT is the parent organization of Washington Teachers' Union, Local 6 and has 1.5 million members. 

In an AFT press release, President Weingarten said "Hillary Clinton is a tested leader who shares our values, is supported by our members and is prepared for a tough fight on behalf of students, families and communities. That fight defines her career." 

Weingarten added that Clinton is a "product of public schools and believes in the promise of public education.... Hillary understands that policymakers need to work with teachers and their unions. She's ready to work with us to confront the issues of children and their families today, including poverty, wage stagnation, income equality and the lack of opportunity."

Even though AFT's press release explained the process of how members were polled, including several town hall meetings, multiple surveys and a "you decide" website, the announcement of the endorsement erupted a firestorm of outrage from AFT teacher members nationwide on twitter.

In the course of hours, many teachers hurled questions at @Rweingarten and @AFTunion twitter accounts asking, when was there was a poll of the membership and requesting links to all of the polls. 

Renowned NY Teacher *blogger, Arthur Goldstein  (known as NYC Educator) said "...AFT Link says they used telephone town halls and a web-based survey, I didn't even know existed."

Katie Osgood, a special education teacher from Chicago said "I know many AFT members too and have not heard one person polled either." Mary Ahern called it "B.S. and queried how many of the over 1 million members responded?”

Activist teacher members and others lamented that the AFT endorsement of Clinton was a clear reminder of President Randi Weingarten's autocratic leadership style that treats teachers like passive herd-driven professionals rather than independent thinkers with a voice.

Phil Soreneson tweeted to President Weingarten, “glad I’m NEA, u don’t speak for me, u just made teachers’ look politically inept. Thanks for nothing.”

Naturewoman tweeted to AFT, "guessing you did not poll your members! No to Clinton who promotes Teach for America and charters!" Mr. Stevens echoed "Clinton endorsement is a joke & local union voices are being silenced to retain AFT union funding."

Minnsanity added, "AFT tried to shove NCLB, common core, PARCC and now Hillary on us - we ain't buying." Barmak Nassirian ‏summed it up best in his tweet, "sad day when political expediency trumps legitimate representation of members' real priorities." 

Within hours teachers demanded fellow members to contact AFT and demand they rescind the Hillary Clinton endorsement. Teachers began adding their comments to Diane Ravitch’s education blog where she posted AFT’s press release on the Clinton for President endorsement. So far 147 comments have been posted, to date.

Given no one could locate AFT’s poll of members', the Badass Teachers Association  (BAT) took matters into their own hands by conducting a poll on Face Book. So far   1240 teachers endorsed Bernie Sanders and only 84 endorsed Clinton. One teacher said "Weingarten has this thing about giving false information via polls... It's scary." 

Some of our AFT members  are taking matters into their own hands and have created a petition to demand AFT rescind their Hillary for US president endorsement. Click on  LINK  for the petition. So far 1,109 had signed on.  

I too was up in the wee hours of the morning watching all of this unfold. Right here in DC, as an active member of WTU local 6 and elected General Vice President- I wondered how I had never been polled or invited to participate in AFT’s web based town hall or knew of members who had?

I concur with Aixa Rodriguez’s tweet, “it is 2:23 am and I am so mad at  AFT’s  ‪#prematureendorsement I cannot sleep. And so I tweet. And all my friends are up too….”

Don’t get this twisted, in the words of Lace to the top, “The story isn't ‪Randi Weingarten and AFT’'s endorsement of ‪Hillary Clinton. The story is all the amazing teachers saying no freaking way!!!!”

 © Candi Peterson 2015

WTU Prez Nathan Saunders Wears Out His Welcome & Refuses to Gracefully Accept Exile

August 1 deadline approaching

By Candi Peterson

Teachers have been asking why deposed Washington Teachers' Union (WTU) President Saunders (whose constitutional term ended June 30, 2013) still remains a hold over in the union office despite the WTU Constitution and by laws time frame for newly elected officers to assume office on July 1. Elizabeth (Liz) Davis who ran for WTU President and Candi Peterson who ran to reclaim her seat as WTU General Vice President are the newly elected officers and are still awaiting the keys to the castle. Davis and Peterson and their board will not be installed by American Federation of Teachers (AFT) until August 1 in a private ceremony at the parent organizations' headquarters. 

Typically, if WTU elections had been conducted as laid out in the WTU Constitution and By Laws, officers would have been installed in May and would assume office July 1, 2013. The Saunders friendly WTU Elections Committee modified the election timeline at the end of the WTU run-off period and granted Saunders an additional four (4) week transition period, which extended his time in office until August 1. Davis slate members speculate that this was a last ditch effort to give Saunders extra time in office.

 Since none of the candidates received a majority of the vote in the initial election as required, a run off election was held among the two candidates who received the most votes. The run off was scheduled at the end of June and ballots were counted on July 1. A complaint was filed by the WTU President elect, Elizabeth Davis after an extension was granted to Saunders by the WTU Elections Committee. Subsequently, AFT appointed a representative to facilitate the transition process. AFT encouraged both Saunders and Davis to work collaboratively during the transition period. 

By the July 12 challenge deadline, defeated WTU President Saunders and his slate lodged an election challenge to the certified election results where he lost to Elizabeth Davis by 459 to 380 and his running mate lost to Candi Peterson with 470 to 360 votes. Saunders has yet to cooperate throughout the transition process which generally requires that an outgoing president work collaboratively with the incumbent on executive decisions, in addition to, providing critical information to ensure that there is an orderly transition process.

Saunders defiance of the process so far creates an unnecessary power struggle and makes a transition nearly impossible. "This is Saunders last power grab to maintain control. It's ironic that Nathan is stealing a play from former WTU President George Parker's playbook", stated a WTU member who requested anonymity.  As the August 1 deadline quickly approaches, it remains to be seen whether Hold over WTU President Saunders will exit the office voluntarily and leave behind a legacy he can be proud of or whether he will go kicking and screaming and have to be escorted out. I hope he chooses the former so the Davis slate can get on with the business of serving its members. Our members are tired of the drama.

© Candi Peterson 2013

WTU 2013 Election- The Best Kept Secret in Town!!!

WTU's Secret 2013 Election

By Candi Peterson

Vote Davis Slate for WTU

 Liz Davis /Candi Peterson

WTU Can Be Better!

The recent Washington Teachers' Union (WTU)  2013 presidential election was the best kept secret in town. The current Teachers' union president, Saunders kept our union elections on the Down Low (D.L.)  as possible. Members weren't notified officially of this election and there was not any official notice on the WTU website of the first election. Even though the WTU's Constitution & By-Laws requires that the WTU provide a copy of the union's publication, "The Washington Teacher" magazine's Election Edition to members, this print edition did not arrive at members homes until well after ballots were mailed out. If you were not the curious type, and didn't dare to check out the contents, you wouldn't have noticed the candidates bio's buried within the magazine on page 5. Nothing on the front cover suggested that this was an "election edition" or that there was a union election underway. Although promised by WTU, no official notices of elections were placed within our local schools, when I surveyed members from various citywide schools.

To add insult to injury, a significant number of union members complained of not receiving their ballots to vote." I felt like I spent the day looking for clues before I figured out our union election was being held", stated a union member who insisted on anonymity. Members who hadn't learned that the there was a union election, didn't know they needed to contact the union office for a ballot. WTU members had to jump through a series of hoops to get a ballot including Elizabeth Davis (known as Liz), candidate for WTU President. Although WTU 2013 Election written guidelines indicated that members were to contact a WTU staff member by telephone between 9-5 during the work week to secure a ballot, members who followed these written guidelines were informed that this requirement was modified and to get a duplicate ballot, a request must be made in writing. 

What is really disturbing in this election, is that full dues paying members reported that when they contacted the union office they were advised that they were no longer full dues paying members and were now agency fee members. Union members I spoke to indicated that they never gave their consent or authorization to have their membership status changed. This means that members whose status has been changed to agency fee could not vote in the 2013 union election. Sound like election tampering?? You decide. I bet Ray Charles could see this one a mile away. I'm troubled anytime a members' right to representation is tampered with and you should be as well, if you are one of the people this effected. (more on this later)

Well, in the event you didn't know- there was a Washington Teachers' Union election. The vote count was held on June 7, 2013. Here are the results that you will most likely will only read here on The Washington Teacher blog, since WTU is not releasing the official vote count and only percentages of the vote count. I am supplying it here because union members have a right to transprency:

394      Ballots received from WTU members

  50      Soiled ballots

3000    Ballots mailed to members (according to True Ballot, who mailed ballots/performed ballot count)

Candidates for WTU President

Maria Angala            44 votes
Michael Edgerton        8 votes

Elizabeth Davis       158 votes
Nathan Saunders     175 votes

17 point difference between top two candidates

Due to the fact that neither candidate received more than 50% of the vote, a run off election will be required according to the WTU Constitution & By-laws. The top two candidates will run in the WTU Run Off election. As outlined in the amended WTU Election Schedule and Guidelines, WTU run off ballots will be mailed no later than June 17.

The most important thing is that if WTU members do not receive a Run Off ballot through the mail, contact Alyssa Limberakis @ ALimberakis@wtulocal6.net to request your ballot. Provide your name and mailing address in the request. All requests for duplicate ballots must be in writing and should be requested beginning June 18, 2013.

Remember Vote Davis slate. WTU Can Be Better!

© Candi Peterson 2013

WTU VP Candi Peterson's PERB Complaint Against WTU

Press Release & WTU VP's PERB Filings

WTU General Vice President Candi Peterson has agreed to hold off on her lawsuit against the Washington Teachers' Union (WTU) in favor of handling the dispute through informal mediation or arbitration. However, after first seeking arbitration itself, WTU has reversed itself and is now plowing ahead with litigation.

In response to aggressive litigation tactics by WTU President Nathan A. Saunders, WTU General Vice President Candi Peterson has been forced to file a Standard of Conduct complaint with the DC Public Employees Relations Board (PERB) on December 2, 2011 contesting her removal. In her complaint, WTU General Vice President Peterson alleges that her removal  was "based entirely on a personal affront taken by WTU Nathan A. Saunders to WTU General Vice President Peterson's exercise of free speech." See Peterson PERB Complaint(s) filed December 2011. Click links below to view:

Peterson 12/2/11 Perb Verified Req. for Preliminary Relief

Peterson 12/2/11 Perb Standards of Conduct Complaint

Ms. Peterson's attorney, J. Michael Hannon has requested PERB to take immediate action to return her to office saying, "removal of a duly elected labor leader is a fundamental abuse of the rights of the entire labor organization to representation by its duly elected officers."

WTU General Vice President is concerned about WTU's legal tactics. Peterson stated: "I don't understand how President Saunders can use union money to fund his legal attack against me. This is purely personal on his part,  and I expect other union members will object when they realize his temper may cost WTU half a million dollars in legal fees."

For additional information on the status of this case, please contact :

Hannon Law Group
1901  18th Street, N.W., Washington, D.C. 20009
(202) 745-6880 Direct ∙ (202) 232-1907 Receptionist
jhannon@hannonlawgroup.com
www.hannonlawgroup.com

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?

It's Official: AFT Takes Over Washington Teachers' Union

Featuring Candi Peterson, blogger in residence & Candidate for WTU Vice President

Well now it's been a little over one week since the American Federation of Teachers Executive Council held a hearing on the administratorship of the Washington Teachers' Union under the leadership of 'Hold Over' union president George Parker whose constitutional term ended June 30, 2010. George Parker refused to hold union elections this year as required by the WTU Constitution and failed to cooperate with the Elections Committee and now AFT President Randi Weingarten. As a result of Parker's refusal to hold elections, the AFT on September 17 issued a decision and order that they will take over the WTU. AFT has installed Al Squire, Southern Regional Director as the Administrator.

Never in the History of the WTU, has an administratorship been required for the purposes of conducting an election. The last time the AFT (WTU's parent organization) was forced to assume control of the WTU was in 2003 after former union president, Barbara Bullock stole five million dollars from WTU. Now that AFT has assumed control for a second time, expect that timely elections of union officers will soon be held. The September 17 decision and order from the AFT Executive Council reads as follows:

AFT's Conclusion

"In conclusion we find that the WTU members have a right to move forward as promptly as possible with an election for their WTU officers. Any further delay would be a violation of the members' rights that amounts to irreparable injury. Clear cut principles of union democracy and the members' rights to elect their leaders require AFT to step in. It is a positive development that WTU has recognized that the AFT should Run this election. However, under these circumstances, an AFT administratorship is the only remedy that will ensure that the WTU members are allowed to participate in a fair and democratic internal election."

AFT Order

1. Effective on this day (September 17, 2010) an administratorship for purposes of conducting the WTU internal elections shall be implemented.

2. Pursuant to Article VI, Section 15 (d) of the AFT Constitution, the Administrator under the direction of the AFT President or her designee, "will be authorized to ... take such actions as are necessary to protect the interests of the membership" in the conduct of the WTU internal election.

3. In light of the fact that the AFT and WTU constitutions, as well as federal labor law, have been violated by the delay in the conduct of the WTU's internal elections, the Administrator shall have the authority, where necessary to perform his election duties, to suspend the provisions of the WTU Constitution and Bylaws.

4. The WTU shall notify DCPS that AFT or its agents shall be provided access to the schools and the union bulletin boards for the purposes of carrying out the internal election. WTU shall also notify DCPS that AFT should be provided access to membership records.

5. The WTU shall provide AFT the necessary information and records in order to develop the voter eligibility lists, including the challenged ballot list for employees who are not on the current membership list but were on the June 30th list.

6. The WTU shall restore the pay and release time status of the General Vice President, Nathan Saunders forthwith.

7. Consistent with the provisions of the AF Constitution in Article VI, Section 15 (e) the administratorship shall be concluded with the internal election has been concluded and the officers installed.

After four months of waiting for union elections to be held, DC teachers and school personnel can finally look forward to voting for a new slate of officers. Our union elections are an important first step in removing 'hold-over' Union President George Parker so that we can get on with building and maintaining an active union and working on behalf of teachers, students and schools. We can do better. Vote Saunders/Peterson.

AFT Holds Hearing On Taking Over WTU, Local 6

On Friday, September 10, 2010 - American Federation of Teachers (AFT) Executive Council will hold a previously scheduled hearing to determine whether the AFT will take control of the Washington Teachers Union (WTU). Earlier this month in U.S. District court, Judge Kottar-Kelley ruled that AFT stood a better chance of suceeding if they followed the law by holding a hearing on assuming administrative control of the WTU because "the law weighs in favor of the parent organization in these matters." Friday's hearing will begin at 1 pm and go to its conclusion. I am uncertain if union members will be allowed entrance.

WTU under the leadership of 'hold over' president George Parker (whose constitutional term ended June 30, 2010) and Executive Board members will have an opportunity to provide testimony at Friday's hearing. According to an August 26 letter sent to hold over president Parker from Randi Weingarten, the conduct of 'hold over' officials will be the subject of Friday's hearing and the following issues will be addressed:

1. "The actions by WTU Officers and Executive Board members in refusing to comply with AFT's Executive Council's August 4 Decision and order.

2. The actions by the WTU Officers and Executive Board members in obstructing the implementation of the AFT's executive Council and order.

3. The actions by the WTU Officers and Executive Board members in failing to follow the provisions of both its Constitution and Bylaws and the AFT Constitution and bylaws regarding the frequency of elections for officers and members of the Board.

4. The WTU Officers and Executive Board's violation of the local's Constitution and Bylaws by holding onto office beyond their elected terms and refusing to conduct internal elections in a timely manner.

5. The WTU Officers and Executive Board's violation of the democratic rights of WTU membership to vote for and elect leadership on the timetable set forth in the local's Constitution and Bylaws.

6. The WTU's failure to provide the AFT Administrator the materials and cooperation that he has requested to carry out the election is a violation of the WTU and AFT Constitution.

7. Allegations that the WTU Officers and Executive Board have retaliated against one or more insurgent candidates and have used their authority to improperly continue in office and to retaliate against or punish opponents."

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.

George Parker, Hold Over WTU President Sues AFT

George Parker, 'Hold Over' president of the Washington Teachers' Union (whose constitutional term ended June 30, 2010) filed a lawsuit on August 16, 2010 against the American Federation of Teachers (AFT). The purpose of Parker's lawsuit is to seek an injunction to prohibit the AFT from suspending the autonomy of the WTU. In one of Parker's many robo calls to members, he reported that his rationale for filing this lawsuit (which was funded by WTU members monies) was to protect teachers and school personnel. A DC teacher wrote: "Parker is a nut case. Why didn't he use the 'same zeal' to fight Michelle Rhee on IMPACT and that poor excuse for a contract. He will do anything to stay in the union office illegally."

You may recall that AFT President, Randi Weingarten, declared a limited administratorship takeover of the WTU because Parker refused to comply with the terms of the AFT Executive Council decision and order, dated August 4. This order indicated that AFT would oversee union elections and set a new deadline date of September 3rd for union members to submit their petitions to run for elected offices. The order also required Parker to reinstate Nathan Saunders, WTU General VP's salary forthwith and approve Saunders leave of absence from DCPS through the completion of the union election. When Parker refused to comply, Weingarten instituted a 'limited administratorship' with future plans to hold a hearing before her executive council on the matter at a later date. Parker and members of his illegally constituted WTU Executive Board including 4 newly appointed members by Parker (Carynne Connover, Jacqueline Hines, Monica Jones-Martinez and Bill Rope) requested that Weingarten and the AFT Executive Council reconsider its August 4 decision and order. In an August 16 letter to WTU board members, President Randi Weingarten responded: "Dear Mr. Parker: Upon due consideration, the August 4 determination which you challenge is adhered to. Unless by noon on Tuesday, August 17, 2010, we receive an unequivocal sworn undertaking from you and the Executive Board of the WTU, local 6 to comply in all respects with and to fully cooperate in all good faith with the processes previously articulated thereunder, an Administratorship shall upon unanimous decision of the President, Secretary-Treasurer and Executive Vice President of the AFT, be established and an Administrator appointed effective forthwith and without further notice to restore the rights of members in election procedures or representation, to secure and safeguard 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 in accordance with Article VI of the Constitution and bylaws of the AFT, AFL-CIO particularly sections 14 and 15 and each of the subsections thereof, and applicable provisions of law."

Parker seems intent on having his way by delaying union elections by any means necessary. An anonymous commenter described Parker's actions this way: "George Parker's consistent denial of the facts in relinquishing his authority as WTU president is quite troubling to me. His actions have become increasingly irrational. I don't know him personally but from a distance he appears to be losing touch with reality and displaying signs of desperation. Let's hope he continues to be non-violent." Usereason stated that "Parker has given lots of people plenty to be angry and depressed about. He (Parker) is reaping what he has sown.... I hope something can get him to come around and leave without fighting to the death ...."

Given this latest twist of events, what is your take on the lawsuit against AFT and Parker's spending the Washington Teachers Union assets to remain in office ? Stay tuned as this saga unfolds.

*Monica Jones- Martinez wrote me an email today on 8/26/10 revealing that she is no longer a WTU Executive board member. Ms. Martinez reports that after being appointed to the illegally constituted WTU E-board in June 2010 that she later resigned in late June 2010. It should be noted however, that she was a participant in the June 2010 WTU Executive Board meetings.

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. "

What Will Become Of DC's Excessed Teachers?

Inquiring minds want to know WTU's official position ?

Excess: "is an elimination of a teacher's position due to a decline in student enrollment, reduction in the local school budget, a closing or consolidation, a restructuring or a change in the local school program when such an elimination is not a reduction in force or abolishment."

I have received a number of emails of concern this summer from excessed teachers who have not yet been re-hired by the Rhee administration. Recently, a colleague copied me in on an email asking Washington Teachers' Union President George Parker (whose term ended June 30) what is the official status of excessed teachers as well as DCPS hiring practice on this matter (email featured below).

In an August 5 Wash. Post article written by Bill Turque, Rhee stated that "although "two or three" of the excessed teachers had been picked up by other schools, there had been "no movement" in the last six weeks to hire the others." There seems to be a dispute between George Parker and Chancellor Rhee as to which contract we are currently operating under. In the same August 5 article, Rhee is clear that we are operating under the 2007-12 contract which was ratified on June 2. According to the new WTU contract negotiated by George Parker and AFT President Randi Weingarten, see pages 30-31: "permanent excessed teachers who do not find a placement have the option of a buyout, if funds are available, an early retirement with a minimum of 20 years creditable service, if funds are available or another year to secure a new placement while they serve in one of the following capacities as a one on one tutor, provide class coverage, small group instruction or central office support. The buyout, early retirement and extra year extension shall only be available to permanent status teachers whose most recent evaluation is effective or higher. (pages 30- 33 of the WTU contract) *An excessed permanent status teacher who is unable to secure a new placement within the 60 calendar days following the effective date of the excess shall have 5 calendar days immediately following expiration of the 60 calendar day period to select one of the following options (listed above). Any teacher who does not make a selection shall be subject to separation from DCPS on the 66th calendar day following the effective date of excess." Of course probationary teachers, who are excessed regardless of their job performance would be terminated within 60 days from the date of excessing. Here's a copy of the teacher's email below and feel free to weigh in with your thoughts on this subject. If I receive any official written correspondence from the Washington Teachers' Union on this issue, I will post it in a timely manner.

Dear Mr. Parker:

"What is the official status of DCPS teachers deemed "minimally effective" as far as the administration hiring this fall? I could not get definitive answers from field representatives. So now, I must put this question to you as well. What also is the official status of the class action grievance that you mentioned last weekend? I am asking because I haven't received any call backs from any of the DC Public Schools that I contacted, including the schools that I interviewed with during the career fair in June."

Signed,

Anonymous Excessed Teacher ( in DC)

Finally, There's Going To Be A WTU Election !

Your Vote Is Your Voice !

Vote Saunders/Peterson slate-WTU 2010

Although long overdue, members of the Washington Teachers' Union will finally have an election of officers. According to the WTU Constitution, union elections were supposed to be conducted in May with officers being installed in office on July 1, 2010. This has been a long protracted battle which began with AFT becoming involved in taking over the elections of the 15 member WTU Elections Committee in June 2010 because members had not been properly elected . Once elected, the elections committee members requested George Parker, WTU President (whose term ended June 30, 2010) to provide the necessary paperwork so that they could commence elections, Parker refused. Despite repeated appeals by elections chairperson, Claudette Carson to Parker requesting that he cooperate with elections committee members to move forward with a timely election, Parker dug his heels in the sand. What followed next was Parker convening a June 9 and June 15 Executive Board meeting and appointing four new board members illegally (Carynne Conover, Jacqueline Hines, Monica Jones-Martinez and Bill Rope). I was banned from these WTU meetings by George Parker as a WTU Board of Trustee member even though I have been an active participant in executive board meetings for three years. Parker with his newly appointed board in tow took the following measures of setting a new election schedule for the fall of 2010 stating that it was the executive's board's role to determine the elections schedule. Initially, Parker's crony, John Tatum who is appointed as a paid parliamentarian by the union president told the Washington Examiner newspaper that elections would be held in November with officers not being installed until January 2011. Later Parker and Tatum changed the date to a September election- perhaps after all the pressure.

What followed after Parker's election meddling were his retaliatory actions to reduce Nathan Saunders, WTU General VP's salary to a big fat zero while Parker continued to earn a hefty sum of our union dues in the amount of $150,000 and perks. Next, Parker also refused to sign Saunders DCPS leave of absence. Parker's actions left Saunders working for free and would have forced him back into the classroom at the beginning of school even though he was elected to office by the membership. Subsequently, Nathan Saunders, WTU General VP filed a law suit as did Claudette Carson, WTU Elections Chairperson to right these wrongs. Here's to Nathan and Claudette!

Suddenly but not surprising, the AFT became interested in 'talking resolutions' after the lawyers became involved. Heretofore, Randi Weingarten had basically said that this was a local matter and that she only wanted to "get in and get out" after the WTU Elections committee was elected. Certainly the lawsuits but also at the urging of The Washington Teacher blogger (yours truly) and other union members wrote letters to AFT President Randi Weingarten demanding a union election as well as the restoration of Saunders salary and approval of his leave of absence from DCPS. Even AFT members wrote to President Weingarten declaring how absurd it was for Local 6 not to conduct a timely union election and to reduce an officers salary.

Well union members, the power of the pen and a lawsuit here and there is mightier than the sword. Randi Weingarten of AFT heard your voices and decided to hold an investigation this summer into these local concerns at the AFT headquarters. I was in attendance at the AFT hearing and it appeared to me to be a 'kangaroo court' in which members of Randi's AFT Executive Council heard only some of the evidence. Might I add that all of my testimony as a witness was stricken from the record which is totally unacceptable. No real court in this land would allow such nonsense simply because they didn't like the content of one's testimony. I must say however, I was pleasantly surprised at the outcome of AFT's decision. This shows it is always best to reserve judgment until the end. Here are the results of the WTU Investigation and Order, dated August 4, 2010- as written by the AFT Executive Council:

1. AFT will take charge of the 2010 internal election for the WTU. This will include the officers, Executive board members, Trustees, Delegates to Metro Labor Council and Delegates to the DC and Maryland AFL-CIO.

2. a. the elections process will begin with a notice of nominations to the WTU membership informing the members of open positions for office, the term of office, the method to submit a completed nominations form, a copy of nominations form and the time and location for submitting such nominations.

b. the deadline for submitting nominations petitions will be that set forth

3. Those nominating petitions that have already been submitted will be accepted and they will be reviewed for their sufficiency and for any new petitions.

4. The eligibility cut-off date for WTU members to participate in the election will be the last payroll period in June 2010.

5. Fifteen days after the close of nominations, ballots will be sent by U.S. Mail to the WTU membership. The voting period will be fifteen (15) calendar days. The American Arbitration Association will be retained to conduct the balloting and certify the elections results consistent with the WTU Constitution and Bylaws.

6. The WTU will restore to Saunders his lost pay forthwith. The WTU shall also notify DCPS that Saunders' release time from the classroom should be extended at least through the conclusion of the election.

The Executive Council will retain jurisdiction over this matter to ensure compliance with its directives.

Your Vote Is Your Voice !

Vote Saunders/Peterson slate for WTU '2010