Under the new contracts clerical and technical employees will be able to work 40-hour work weeks compared to the current 38.75, and based on the recommendation of principals, employees who serve on school-based leadership teams will be paid $20 per hour.
Additionally, six joint committees will be created to give employees a say in workplace issues and address topics such as planning time, professional collaboration and the design of parent-teacher conferences.
Kerry Motoviloff, a district instructional resource teacher and MTI member, spoke at the beginning of the meeting thanking School Board members for their collective bargaining and work in creating the committees that are “getting the right people at the right table to do the right work.”
Cheatham described the negotiations with the union as “both respectful and enormously productive,” adding that based on conversations with district employees the contract negotiations “accomplished the goal they set out to accomplish.”
“Madison is in the minority. Very few teachers are still under contract,” said Christina Brey, spokeswoman for the Wisconsin Education Association Council. Fewer than 10 of 424 school districts in the state have labor contracts with teachers for the current school year, she said Wednesday.
And while Brey said WEAC’s significance is not undermined by the slashed number of teacher contracts, at least one state legislator believes the state teacher’s union is much less effective as a resource than it once was.
Many school districts in the state extended teacher contracts through the 2011-2012 school year after Act 10, Gov. Scott Walker’s law gutting collective bargaining powers of most public employees, was implemented in 2011. The Madison Metropolitan School District extended its teacher contract for two years — through the 2013-2014 school year — after Dane County Judge Juan Colas struck down key provisions of Act 10 in September 2012.
The contract ratified by the members Monday will be in effect until June 30, 2015.
On Thursday, the Wisconsin Institute for Law and Liberty emailed a letter to Cheatham and the School Board warning that a contract extension could be in violation of Act 10.
Richard Esenberg, WILL president, said he sent the letter because “we think there are people who believe, in Wisconsin, that there is somehow a window of opportunity to pass collective bargaining agreements in violation of Act 10, and we don’t think that.”
If the Supreme Court rules Act 10 is constitutional all contracts signed will be in violation of the law, according to Esenberg.
Esenberg said he has not read the contract and does not know if the district and union contracts have violated collective bargaining agreements. But, he said, “I suspect this agreement does.”
The contract does not “take back” any benefits, Matthews says. However, it calls for a comprehensive analysis of benefits that could include a provision to require employees to pay some or more toward health insurance premiums if they do not get health care check-ups or participate in a wellness program.
Ed Hughes, president of the Madison School Board, said that entering into labor contracts while the legal issues surrounding Act 10 play out in the courts was “the responsible thing to do. It provides some stability to do the important work we need to do in terms of getting better results for our students.”
Hughes pointed out that the contract establishes a half-dozen joint committees of union and school district representatives that will take up issues including teacher evaluations, planning time and assignments. The contract calls for mediation on several of the issues if the joint committees cannot reach agreement.
“Hopefully this will be a precursor of the way we will work together in years to come, whatever the legal framework is,” Hughes said.
Matthews, too, was positive about the potential of the joint committees.
WILL President and General Counsel Rick Esenberg warns, “The Madison School Board is entering a legally-gray area. Judge Colas’ decision has no effect on anyone outside of the parties involved. The Madison School Board and Superintendent Cheatham – in addition to the many teachers in the district – were not parties to the lawsuit. As we have continued to say, circuit court cases have no precedential value, and Judge Colas never ordered anyone to do anything.”
He continued, “If the Madison School District were to collectively bargain in a way that violates Act 10, it could be exposed to litigation by taxpayers or teachers who do not wish to be bound to an illegal contract or to be forced to contribute to an organization that they do not support.” The risk is not theoretical. Last spring, WILL filed a lawsuit against the Milwaukee Area Technical College alleging such a violation.
The Wisconsin Institute for Law & Liberty’s letter to Madison Superintendent Jennifer Cheatham (PDF).
The essential question, how does Madison’s non-diverse K-12 governance model perform academically? Presumably, student achievement is job one for our $15k/student district.
Worth a re-read: Then Ripon Superintendent Richard Zimman’s 2009 speech to the Madison Rotary Club:
“Beware of legacy practices (most of what we do every day is the maintenance of the status quo), @12:40 minutes into the talk – the very public institutions intended for student learning has become focused instead on adult employment. I say that as an employee. Adult practices and attitudes have become embedded in organizational culture governed by strict regulations and union contracts that dictate most of what occurs inside schools today. Any impetus to change direction or structure is met with swift and stiff resistance. It’s as if we are stuck in a time warp keeping a 19th century school model on life support in an attempt to meet 21st century demands.” Zimman went on to discuss the Wisconsin DPI’s vigorous enforcement of teacher licensing practices and provided some unfortunate math & science teacher examples (including the “impossibility” of meeting the demand for such teachers (about 14 minutes)). He further cited exploding teacher salary, benefit and retiree costs eating instructional dollars (“Similar to GM”; “worry” about the children given this situation).