At a time when teachers in Parkland proved that they are braver than armed guards, the Florida Senate struck a blow at the union that represents the state’s teachers. One senses the ugly hands of Jeb Bush and his consigliere, Patricia Levesque, behind the scenes.
“The Senate on Friday narrowly defeated an effort to eliminate part of a major education bill that could force teachers’ unions to disband if they don’t meet new membership standards.
“In a 21-17 vote, the Senate rejected a proposed amendment by Sen. Perry Thurston, D-Fort Lauderdale, that would have removed the controversial provision from the bill (HB 7055). The provision could cause teachers’ unions to lose their state certification if their membership falls below 50 percent of the employees they represent in the collective-bargaining process. If decertified, a union would have to reorganize and seek another majority vote from the members they are seeking to represent.
“Thurston said the provision was singling out teachers among all unions and that there is already a decertification process in state law that would allow teachers to disband a union if they were unhappy with the representation.
“It’s not right that we say teachers are the only ones we are going to punish,” Thurston said.”
Maybe it is time for a statewide teachers strike in Florida.
The articulate students at Parkland should speak out for the teachers who saved their lives. Name the bill for the teachers who lost their lives shielding students.
Start a fund to defeat the senators who voted for this bill. I want to contribute.
This is an outrage.
Diane Ravitch's blog 
Wow, the hits just keep coming in Florida. The teachers have become human shields but the GOP wants the teachers to shut up, be good little indentured servants and accept any putrid peanuts thrown in their direction. It is outrage heaped upon outrage.
The Union ? I wish we had a union!!!!! $850 a year, for what? My salary vs cost of living is THOUSANDS less than a decade and half ago. Every teacher I know who fought for change in Miami was ignored or tossed out of the Union. UTD membership is not for the main core of teachers – it is for the new 2 year turnaround Teach for America teacher, the top salary teacher who sold out the mid career teacher, the custodians/secretaries, SUBS (yes, substitute teachers are union). Our own Superstar superintendent came up with “Charter Districts”, the Union pres. loves him- so, public school in FL/Miami? We are at a loss – saw it coming years ago – a profession than is being diluted to a day job at Disney World.
People were tossed out of the union? Florida is a right to work state, I’m guessing there are a lot of free riders who drain funds from the union without making any contributions or dues.
Not the case – it is all smoke and mirrors for the district – it is not a real union.
By the way, I am Pro-Union – however, depressing to say -we don’t have a true union
POSTED AT :
WITH THIS COMMENT.
MY COMMENT Submitted on Sunday, Mar 4, 2018 at 5:21:40 PM
THE ploy IN THE PLOT TO END PUBLIC EDUCATION is to remove all the experienced teacher-practitioners, so the schools will fail… and then, for those remaining fools who wish to teach, go after the only protection these college educated, dedicated PROFESSIONALS have… the union. Already, needing 2 jobs to put food on the table and pay rent, the cabal that is at work undermining the schools so they can be made into a business… like medicine and homeland security (you know how that works.!
ridding the schools of the only PEOPLE WHO KNOW WHAT LEARNING LOOKS LIKE…the genuine professional teacher, allows them to devastate public education… and with it income equality… not to mention ending the shared knowledge that MAKES DEMOCRACY POSSIBLE. http://www.aft.org/sites/default/files/periodicals/hirsch.pdf
Here–> read the bigger plot. Retired teacher of physics and math Tom Ultican gathered together a concise summary of the efforts to destroy and privatize public education. https://tultican.com/2018/02/22/destroy-public-education-dpe-for-dummies/
“America’s public education system is being deliberately destroyed. If you graduated from high school in the 1950’s, 60’s, 70’s or 80’s, it is such an unthinkable concept that it is difficult to even imagine. Not only is it possible, it is happening and a lot of damage has already occurred.
“Just this morning, I learned that a Republican legislator has proposed privatizing all the schools in Muncie, Indiana. Almost all the schools in New Orleans were privatized after hurricane Katrina. Half the schools in Washington DC and a quarter of the schools in Los Angeles are privatized. However, ninety percent of America’s K-12 students attend public schools. (Note: Charter schools are not public schools, they are schools run by private businesses that have government contracts.)”
“The foundational lie of the Destroy Public Education Movement is that our public schools are failing. Add to the lie that unions block reform; that “bad teachers” abound in our schools; that great teachers need only five weeks of training; that money doesn’t matter; that choice solves all problems; that the best Wat to fix schools is to close them.” READ MORE AT THE LINK.
HERE’S THE LINK https://www.opednews.com/Quicklink/Florida-Senate-Approves-B-in-General_News-Florida-Politics_Punishing-The-Victim_Teachers-Unions_Union-Busting-180304-588.html#comment691926
Diane, I love your work. But I think it is a little disingenuous to throw Bush and Levesque in the conversation on the basis of your “sense.” That is an appeal to emotion, not fact.
1st, you could say the whole bill “targets” public schools/unions. Mmmmm…because it is an education bill, or, in its own words “An act relating to education” – not policemen, firemen, county clerks, or any other public collectively bargained units.
2nd, have any of the union warriors read the language? The last reading I made of the language last week was that it said that if a teacher’s union (again, not the firemen because this is an education bill) was below 50% at their regular state registration time, they would have a month to file for recertification.
3rd, we here in Miami, particularly those who attempted to reform our “union” (more like a 6 figure country club) by running for office or establishing political support groups to strategize for reform long term…and were subsequently thrown out – have struggled tremendously to unseat the old guard status quo that has support from the national affiliates. Our efforts include fielding officer candidates (that get “beat”), uncovering and prosecuting election fraud (4-5 court cases over different elections has resulted in 2 clear judgments against the union for violating election law and 1 long running challenge that was just settled with a gag order between the union and the 2010 presidential candidate who had subsequently left teaching and would not benefit from prosecuting through to a verdict), an appeals court victory (by myself and my lawyers) that proved our union unlawfully collaborated with the district to drive up membership (in return for what benefit to the district? rubberstamped contracts) and a current federal court case that charges our union collaborated with the district in unlawfully violating FS 1012.22 that protected the pay schedule of veteran teachers as the state moved its hiring system to annual contract and pay system to merit.
Current state and federal laws make it nearly impossible to remove a union once it is in position. Wanting to remove a union does not make people anti-union, it may mean (as our case here in Miami) that our “union” is anti-union and collaborating with management to the detriment of our profession and the children we teach.
Current laws limit changing unions to a 30 day window that MAY open every 3 years tied to the contract expiration. During that 30 day window, activists must collect 30% of the unit’s signatures…on our own time and dollar – while the union is fighting us, publishing documents calling us scabs, threatening our jobs, sending their employees and officers out to schools to counter-act our grassroots movement – using their $12 million annual income warchest to protect their positions.
I say the window MAY open because the union can renew the contract prior to its expiration and that window will never open.
We saw that happen 2 years ago when we had our first court hearing scheduled to publicize our union’s theft of our “grandfathered salary schedule.” The union opened the contract a year prior to its expiration (something they had never done before – usually they wait until 3-6 months AFTER it expires and fail to secure retro pay – but then again, they’d never been threatened like our lawsuit did)
One should wonder why teacher’s union’s would have such a hard time recruiting membership (my info above answers this in part for here in Miami). I am a big believer in “If you build it they will come.”
You can read here how I believe our union has done the OPPOSITE of building worker/laborer rights and dignity here in Miami: http://shawnbeightol.com/blog/?p=901 and http://shawnbeightol.com/blog/?p=778 and thus driven away thinking, conscientious labor rights proponents and activists who are seeking any leverage we can get to replace our management co-opted union.
Finally, to address the fear factor that our union is using to try to drive teachers in fear to join to avert the union’s need to answer to the state as to why they can’t attract membership simply by doing good for teachers – there are numerous cases that have surfaced at the appeals level that suggest that contractual terms will survive the decertification of the union – consider
“Employers often assume that when their employees decertify a union, that any obligations an employer had under the operative collective bargaining agreement would disappear. No union, no contract. Right?
Wrong!
In Midwest Operating Engineers Welfare Fund v. Cleveland Quarry, Case Nos. 15-2628, -3221, -3861, 16-1870 (7th Cir. Dec. 20, 2016), employees in three separate IUOE bargaining units of the Company voted to decertify in 2013. At the time, the Union and the Company were party to five year collective bargaining agreements expiring in 2015. The Company assumed the decertification of the Union, which allowed it to set its own terms and conditions of employment, ended any contractual obligation to contribute to the multiemployer welfare and pension funds (“Funds”).
The Funds sued, and after they were successful in district court the Company appealed. The Seventh Circuit recognized that the collective bargaining agreements were unenforceable as to the Union, but found nevertheless that the Funds had the right under ERISA to bring a suit for delinquent contributions under 29 U.S.C. § 1145. The Court based its decision on the idea that when the Funds promised to provide a level of benefits to the employees (presumably by allowing the employer to participate in the Funds under the terms of the CBAs), that created a binding contractual promise. The Court also recognized that the Funds were third-party beneficiaries to the CBAs and thus entitled to enforce them even if the Union could no longer do so. “[S]o far as benefit law is concerned the employees were still working ‘under the terms of’ the collective bargaining agreement.”
https://www.erisa-employeebenefitslitigationblog.com/2016/12/27/surprise-decertification-does-not-end-employer-contribution-obligations-to-multiemployer-funds/
2) The following case suggests to me that other (than pension obligations) elements of CBA’s survive decert if the grievances survive to be processed by replacement union:
Employers Must Arbitrate Grievances Under Expired CBA with Subsequently-Superseded Union: NLRB
by Practical Law Labor & Employment
Published on 13 Sep 2016 • USA (National/Federal)
On August 26, 2016, the panel (Board) heading the NLRB’s judicial functions held on remand from the US Court of Appeals for the District of Columbia Circuit, in a matter of first impression for the Board, that employers are required to arbitrate pending grievances with a former union under a collective bargaining agreement (CBA) with that union, even if the former union was subsequently decertified and superseded by another union (364 N.L.R.B. No. 114 (Aug. 26, 2016)).
The Board noted that:
· Both the Board and Federal Circuit Courts of Appeal held that an employer is required to arbitrate grievances under an expired CBA with a decertified union (Antioch Building Materials Co., 316 N.L.R.B. 647, 647 fn. 1 (1995); Auto Workers Local 1369 v. Telex Computer Prods., 816 F.2d 519, 523–24 (10th Cir. 1987)).
· The US Supreme Court held that an employer may be required to arbitrate grievances under a CBA between a union and a company with which the employer merged where the union of the merged company’s employees was not any bargaining unit’s majority representative (John Wiley & Sons, Inc. v. Livingston, 376 U.S. 543, 550–51 (1964)).
· In a similar case involving whether an employer had a duty to arbitrate grievances under a prior CBA if the old union was not only decertified but superseded by a new union with majority support among employees, the Board held that the employer cannot be required to arbitrate with the new union unless the employer clearly consents to the arbitration (Arizona Portland Cement Co., 302 N.L.R.B. 36 (1991)).
I make no apologies for throwing in Jeb Bush and Patricia Levesque. They have been the puppeteers pulling the strings on Florida education Policy for years. They are pulling them now, from Jeb’s headquarters. Jeb won’t rest until there are no public schools or unions in Florida. I should have added ALEC and DeVos, who support state efforts to eliminate unions.
Spot on! UTD is and has been corrupt to the core for as long as I can remember. How and the hell are individuals who are pulling over $100,000 per year supposed to convince me that they too feel the day to day struggles of its rank and file members? The Tallahassee blame game is getting old and is nothing but utter garbage. When the DCD was intact and South Florida was receiving hundreds of millions of dollars in extra revenues we were still given crumbs. Credential pay has remained virtually the same for close to three decades. National Board pay has been axed. The step schedule has been completely eradicated. Teacher workloads have increased two fold. As a result of these thefts, pension payouts will now be half of what was once promised. UTD = Undercover Team District / Unable To Deliver. Take your pick. They need to go ASAP and teachers must form their own union devoid of the self serving cronies who are currently running UTD.
Join the anti-union cause, Real One, and see how fast you will join the gig economy. You will count yourself lucky to earn minimum wage. Drive Uber. Bag groceries. Good luck.
Diane – Please look at what Shawn wrote – please over look the Jeb/Levesque reference – there is so much misinformation
Shawn had a position in the UTD – I think he could have run for president ? He is a HIGHLY credited teacher – what has occurred in Miami needs to be addressed or the Union will dissolve – the Teachers are not being represented – Subs, clerical et al vote on Teacher contracts -18 year teachers makes less than $50,000 and 3% that amount goes to FRS
dianeravitch
What do you think the odds are that a state wide strike would happen in Florida . How many would cross the picket line on day one .
From the history of the UFT .
“The labor council president became increasingly impatient. Finally, Harry Van Arsdale said, “Look! We aren’t getting anywhere. When I get to this point in my negotiations with employers I say, ‘Gentlemen! (slamming his palm down on the table for emphasis) ‘Your shops will not open tomorrow.’ [Van Arsdale] stopped and glared at the committee before continuing. ‘If you can say that and make it stick, all right. You have my support. But if you don’t have the troops, we might as well stop wasting time. You’ve got all you’re going to get.’”……….
“How many members you got?” Meany inquires.
“Five thousand,” I lie.
“How many teachers are there?”
“Forty thousand.” There were really forty-five thousand, but I shaded the number downward to improve our odds.
“How many will strike?”
“At least 10 thousand, maybe 20,” I say.
Meany grunts contemptuously. “They won’t pay dues to you but they’ll strike for you. Is that it?”……………….
DiLorenzo would get more bad news when she returned to her own junior high in Red Hook. The morning’s festive atmosphere had turned funereal as word of the superintendent’s firing of all strikers sent half her pickets scurrying back to their classrooms.
Van Arsdale, who the night before had tried to broker a last-minute deal to avert the strike, called Selden a few hours into the strike. He’d been driving around and hadn’t seen any pickets. “Well, how many do you have out?” he asked Selden. True to form, Selden declared the strike a success. To which Van Arsdale replied, “Looks pretty thin to me,” and hung up…………………..
“Later that night at Dubinsky’s apartment, the aging labor statesman spelled out the deal. Call off the strike and the mayor will appoint a “fact-finding” committee consisting of Dubinsky, Van Arsdale and Jacob Potofsky, president of the Amalgamated Clothing Workers Union.
Of course, it didn’t take a genius to figure out that, given the committee’s makeup, the deal was a rigged jury. Collective bargaining was all but assured…….. The fact is the city’s labor movement saved the UFT’s hide. ”
When the superintendent had threatened to fire those teachers Van Arsdale told Robert Wagner the Mayor of NY that John Kennedy
could kiss the election a day away goodbye . The fact finding committee was three labor leaders . The fix was in.
Those Labor leaders had several things in their favor a membership that was willing to put their bodies on the line. And a membership who voted as a block as directed by the leadership I don’t know how many unions fit that description today . Its been my observation that the membership gets the leadership it deserves
”
Diane – Please look at what Shawn wrote – please over look the Jeb/Levesque reference – there is so much misinformation
Shawn had a position in the UTD – I think he could have run for president ? He is a HIGHLY credited teacher – what has occurred in Miami needs to be addressed or the Union will dissolve – the Teachers are not being represented – Subs, clerical et al vote on Teacher contracts -18 year teachers makes less than $50,000 and 3% that amount goes to FRS
I understand your frustration with Dade’s union, but that doesn’t mean that every other union affiliate in the state needs to be punished.
This bill in its original version IS mostly about teachers unions as sponsor Florida Rep. Scott Plankton specifically exempted police and firefighters unions from the bill. Apparently, them having a disagreement with their union is a threat to public safety.
Here’s what else FEA says is in the bill.
This last week will be critical to our students’ future and the future of our profession. The latest version of HB 7055 that the Senate will vote on is even WORSE than it was before, if you can believe it. This version has the following provisions:
Decertification of “instructional personnel” unions;
A sales tax-sourced voucher program for unaccountable private schools;
Expands to statewide the Principal Autonomy Pilot Program Initiative without any evidence of efficacy.
Agree
Maybe UTD will be exempt from the law since it is specifically for union’s that represent “instructional personnel” and UTD seems to bargain mainly for clerical and security these days?
Yes – it has Jeb Bush written all over it – however, in FL many teachers unions heads were unaware that they were being played – played to implode. Which is now occurring. Case in point – strange MDCPS hired a lobby group to represent them against charter school funding – a lobby group that has Direct ties to Jeb.
I am not anti Union I am anti UTD. By the way, do some research Miami Dade teachers are already paid like Uber drivers. There are teachers with twenty years in the system who are not even making $50,000.
In all these diatribes against the union in FL I hear nothing about the fact that the state is anti-union and has been a right to work state for decades. Very curious. The GOP pols in FL must be laughing their heads off at these internecine wars in the union. Assuming the above claims are even accurate.
Funny. The people who complain about their 7 ions should work to make them better. Life without a union willl not be better.
I looked at his blog – wow!!! – he is doing all he can to make it better – I don’t think he meant to insult. He is frustrated – if things don’t change for teachers (such as honoring former contracts) the union will dissolve. It appears he wants a union – a union that is pro-teacher, pro-public education.
UTD is cancerous. There is no making it better. The only solution is to let it dissolve taking along with it the bureaucrats who have been shafting teachers for years. A new Union is needed run by teachers for teachers. UTD is a disgrace and it will ultimately meet its fate deservingly so.
The Real One:
Are you in this crowd? https://www.youtube.com/watch?v=iS-0Az7dgRY
It’s very easy to attack instead of taking the time and effort required to do some research. Look into UTD and you find nothing but corruption. Nobody is saying Unions are bad. What we are saying is that UTD is corrupt and thus it is not functioning as a Union was intended to function and as a result they need to be abolished. UTD has been plagued with scandals for as long as I can remember. Their former boss Tornillo was indicted for stealing millions of dollars from the Union. The Union has been implicated multiple times for committing election fraud. The list goes on and on. But of course its easier to post links to funny youtube videos than it is to actually dig and uncover the truth.
Why did you delete my response to Joe?
You won’t believe this, but I actually have a life. I took a nap.
Also, I am free to delete comments that I find offensive and if you insult me or teachers, expect never to see your comment on this blog. There are other blogs that would welcome them.
Why don’t you get involved in reforming the union instead of whining about it on this blog.
That’s enough. If you lose your union, you won’t get another one. They can pay you $10 an hour, and take it or leave it. That’s more than the federal minimum wage, which is $7.25 an hour. Maybe you will get that.
Well – looks like nothing will change, the Union will dissolve. (Jeb won) If the UTD thought we were professionals, they wouldn’t have Clerical voting on our contracts. I know I will find another job that pays more – after 18 years teaching and making less than $50,000 (my retirement state’s I will make less than $152 a month) – I am done.
Thanks for writing this. Actions can be stronger than words.
“So to be very clear.
DEMOCRATS just decertified teachers’ unions in Florida.
Four brave Republicans voted against HB 7055 the necessary number to kill the bill. One Democrat voted yes, one was not on the floor. They could have stopped this travesty.”
-Rich Templin (FLA AFL-CIO)
Montfort, the one Democrat to vote Yes, just happens to be CEO of the Superintendents Association.
The unions have been solely focused on the 50% clause of HB 7055, but HB 7055 also gives unprecedented powers to superintendents to turn any school into a charter school but giving it an independent governing board which would negate teachers contracts with the School Board.