Teachers Unions Not Yet Hobbled by Supreme Court Ruling

Charter schoolThe U.S. Supreme Court’s June decision in the Janus v. AFSCME case that public employees couldn’t be compelled to pay union dues was widely seen as a game-changing moment in U.S. politics.

The coverage on The Atlantic website was typical. It called the decision, which stemmed from a lawsuit brought by Illinois state employee Mark Janus, a “huge blow” to public sector unions and suggested the decision had the potential to “end” such unions in America.

But five months later, the experience of the most powerful public employee union in the nation’s largest state undercuts the assumption that Janus would take a quick toll on unions’ clout. In supporting Assemblyman Tony Thurmond, D-Richmond, for state superintendent of public education against Marshall Tuck, the California Teachers Association spent $16 million as of Oct. 31 – $5 million more than it did in the entire 2014 superintendent election, where the union supported incumbent Tom Torlakson over Tuck, a former Los Angeles school executive with deep support from charter school advocates and a loose coalition of tech billionaires.

Torlakson narrowly defeated Tuck. This election, Tuck and Thurmond have been trading the lead in recent days. With millions of votes yet to be counted, no journalism organization has called the race.

The CTA does not issue regular updates on its membership status. But a recent Sacramento Bee analysis suggested that the union, as in previous years, had 90 percent membership among the 325,000 teachers it represented. So while it’s lost dues from the 10 percent of teachers who reject union membership, the CTA still collects more than $150 million in dues annually – making it the most powerful force in the California Democratic Party.

Union clout to be tested in coming fight over funding

The extent of the CTA’s clout is likely to be tested soon – whether Thurmond or Tuck is elected. That’s because both have said they oppose one of Torlakson’s most controversial, union-favoring decisions: His 2015 announcement that the extra funding going to schools with disproportionate numbers of English learners, foster children and impoverished students could be spent on general needs, such as raises for teachers.

Torlakson’s decision, which overrode a directive from a lower-ranking official in the state Department of Education, spurred outrage in education reform circles. The Local Control Funding Formula – the 2013 state law changing how districts were allocated state dollars – had been pitched as creating a lock-box of dollars that would be spent only on helping underachieving students.

But Torlakson’s decision had the effect of turning the local-control funding into a de facto block grant. Many districts have used the funds for employee raises.

If Thurmond or Tuck revive the lock-box theory of how the funds can be spent, that’s likely to create huge headaches for most school districts, which have received an average of $8 billion a year in local-control dollars since the law took effect.

Newsom close with both teachers unions and reformers

A key factor in the coming fight over funding is the position taken by Gov.-elect Gavin Newsom, who was strongly backed by the CTA but is also friends with the tech tycoons who want education reform. The governor’s control over parts of the Department of Education’s budget gives him a powerful lever to use on the state superintendent.

On the campaign trail, Newsom said teachers are underpaid and schools are underfunded. But he’s also rejected Gov. Jerry Brown’s claim that education reform is a “siren song” in which trends come and go but schools never get better. In interviews, Newsom has noted the success of education reform in union states like Massachusetts and New Jersey.

It’s unclear when the count of the Thurmond-Tuck vote will be complete. But the recent statewide election with the most parallels to the race offers encouragement for Thurmond, a former social worker.

In the 2010 attorney general’s race, Los Angeles District Attorney Steve Cooley, a Republican, took such a substantial early lead over San Francisco District Attorney Kamala Harris that the San Francisco Chronicle pronounced him the winner on election night. But as millions of provisional and late ballots were counted, the tide turned steadily toward the union-backed Democrat. Three weeks later, Cooley conceded when Harris’ lead topped 50,000 votes. Harris ended up winning by more than 74,000 votes – about 1 percent of total voters.

This article was originally published by CalWatchdog.com

Democratic California’s Cautionary Tale

Democrat DonkeyIt’s become fashionable among certain conservatives, libertarians, and assorted free-market types to claim that Republicans are no better than Democrats. Both parties, according to the disenchanted, have lost their way. Both parties are controlled by establishment cronies, who support big government of one sort or another.

But conservatives who are disillusioned with Republicans need to remember just how much is at stake if Democrats take over. To indulge in understatement, California offers a cautionary tale.

In the name of saving the planet, and helping the poor, Democrats win votes in California. Assisting these Democrats is the most powerful coalition of leftist oligarchs in the history of the world. But the planet is not better off and California’s poor get poorer. How can this be?

Absolute Power Corrupts Absolutely

Since at least 2006 — the year Governor Arnold Schwarzenegger, a moderate Republican, totally capitulated to the Democratic establishment — Democrats have exercised absolute power in California. Their ongoing agenda, much of which has already been implemented, offers insight into just how different Democrats are from Republicans — even those watered down Republicans who struggle to earn votes from true conservatives.

California’s Democrats, in pursuit of environmentalist perfection, have legislated artificial scarcity of everything necessary to civilized life: land, housing, electricity, gasoline, water, transportation, and quality education — you name it. California has the most expensive homes, the highest utility prices, the worst roads, and failing schools. Behind the high-minded environmentalist rhetoric stand oligarchs who profit from scarcity; established corporations, public utilities, large landowners, and “green” entrepreneurs.

It’s no exaggeration to say California is a left-wing, Democrat-ruled oligarchy. If anyone thinks they aren’t poised to take over the rest of the United States, think again. California is merely the epicenter of an uncontained nationwide leftist oligarchy that now controls nearly all traditional media, online media, social media, academia, and the entertainment industry. It has also co-opted most major corporations and government bureaucracies, and draws additional support from powerful government unions as well as most private sector unions.

All of this elitist support is self-serving. All of it is hypocritical. All of it is deeply cynical, and utterly indifferent to working Americans.

California’s Proposition 10 offers an excellent example of how Democrats think. This deeply flawed state ballot initiative addresses the high cost of housing in California by authorizing cities and counties to impose rent control on all rental units, right down to the second homes that middle-class Californians may own in order to earn supplemental income. The negative consequences of a measure like Prop. 10 are obvious not only to anyone with a basic understanding of economics but also to anyone with plain common sense.

If Prop. 10 passes, what few incentives remain for investors and developers to build new housing in California would be further undermined. Who would want to invest in new apartment construction if the rental income from those apartments could be frozen by the whims of populist Democrats as they exert their influence on the local city councils? And what landlord would want to invest to maintain or upgrade their rental properties, if the rental income they can recover on their investment is frozen via rent control? And what renter will move into more appropriate housing as their life circumstances change, if moving means losing the favored low rent they currently enjoy?

Not one Republican supports California’s Prop. 10, but plenty of Democrats do, including the notorious U.S. Rep. Maxine Waters, U.S. Senate candidate Kevin de León, and Los Angeles mayor and future presidential contender Eric Garcetti. And behind these Democrats, also endorsing Prop. 10, are California’s all powerful public sector unions, including the California Teachers Association, the California Nurses AssociationAFSCME California, and SEIU California. And, of course, the California Democratic Party.

Prop. 10 is an example of how Democrats are making California’s housing shortage worse instead of better, but it’s not the only one. Also appearing on California’s statewide ballot next month are Prop. 1, which would borrow $4 billion to build “affordable housing,” and, Prop. 2, which would use state tax revenues to build more government-run homeless shelters. It is possible, if not likely, that every one of these propositions will pass.

Scandalous Inefficiency, Unassailable “Compassion”

Democrat “solutions” to the housing crisis aren’t limited to the state ballot, however. In Venice Beach, California, along one of the most expensive, touristy stretches of coastline in the world, are now permanent homeless encampments. To address the challenge, Los Angeles city officials are proposing to build a homeless shelter on 3.2 acres of vacant city-owned property less than 500 feet from the beach. This property, nestled in the heart of Venice’s upscale residential and retail neighborhoods, if commercially developed, would be worth well over $200 million. Imagine what could be done with that much money.

That a solution so scandalously inefficient could even be considered by the Democrats running City Hall in Los Angeles offers additional insights into the Democrat mind. Solving the homeless crisis really isn’t their goal here. Rather the intent is to create additional government-owned properties, hire additional government bureaucrats, while pretending to solve a problem. Should the Venice Beach property be developed as currently proposed, well connected construction contractors will rake in government funds, so eventually a few hundred homeless people will find shelter. Meanwhile, tens of thousands will remain outdoors.

Democrats, and not Republicans, made California’s housing unaffordable by passing restrictive laws such as CEQAAB 32SB 375, and countless others at both the state and local level. At the same time, it is Democrats, and not Republicans, who are inviting in the world’s poor en masse to come and live there. An estimated 2.6 million illegal aliens currently live in California. But the rhetorically unassailable compassion exhibited by these Democrats does nothing to alleviate hardship in the nations where these refugees originate, because for every thousand who arrive, millions are left behind.

The result? While California’s Democrats, and not Republicans, engineer a shortage of housing supplies, their welcoming sanctuary policies engineer a burgeoning housing demand. This is the deeply flawed, misanthropic vision Democrats have for America. Democratic power is rooted in wishful thinking by the naïve, and by the savvy because of epic greed. Republicans, no matter how tepid their convictions may be, would never have done to California what these Democrats have done. And it’s not even close.

When conservatives and libertarians think about where to cast their vote, they should look west to California, and think very hard about whether or not they want to live in a nation ruled by Democrats.

This article originally appeared on the website American Greatness.

The CTA’s ongoing charter school whoppers

Charter schoolWashington Post writer Jay Mathews is “woke” to the fact that the California Teachers Association lies.

Jay Mathews has been around the block a few times. He has been with the Washington Post since 1971, and for many of those years he has written about education issues, often arguing for sensible reforms. Which is why I was stunned to see a Mathews’ headline last week which read, “Maybe this teachers union needs a crash course in truth in advertising.” Seems that the venerable scribe was perplexed and angered by a radio spot run by the California Teachers Association in which the union does its usual – lies, exaggerates, builds strawmen and tries to elicit gasps out of everyone within earshot.

The basic premise of the ad is that evil right wingers Donald Trump, Betsy DeVos and the Koch Brothers see your seven year-old as a cash cow and want her to go to “their corporate charter schools” to make them rich beyond their wildest dreams.

CTA business as usual here, but if Jay Mathews is now woke, I guess that’s a good thing.

Mathews also may have gotten a jolt if he saw a recent post on the CTA website in which the union informs us that Tony Thurmond, their candidate for California Superintendent of Public Instruction, will be holding a tele-town hall on May 9th. Alluding to Thurmond’s opponent Marshall Tuck, CTA claims “… corporate billionaires are pouring millionsinto the races of candidates who share their agenda to divert funding away from neighborhood public schools to privately-run charter schools.” In fact, Tuck is adamantly opposed to privately run charters and has stated so many times, claiming, “Profit has no place in our public schools….”

If he hasn’t already done so, I would advise Mr. Mathews to visit a website established by CTA in 2016 called Kids Not Profits. In addition to the exaggeration about the privatization of charters (less than 3 percent in California are), it includes the time-worn fantasy that charters “cherry-pick their students” and weed out students with special needs.

In fact, as R Street Institute’s Steven Greenhut writes, the opposite is true. Using information from a report by ProPublica, an organization whose focus is investigative journalism, Greenhut found a national pattern in which public school districts have used alternative schools, including charters,  as a “a silent release valve for high schools … that are straining under the pressure of accountability reform.” These public schools dump off weak students “whose test scores, truancy and risk of dropping out threaten their standing.”

So just who are the cherry pickers?

Also, parents who have kids with special needs are prone to send their kids to charters. For example, the mother of a child in Florida, who has “oral motor delays, including extreme feeding difficulties” could not find a traditional public school (TPS) that could accommodate her daughter and found a charter school that could.

Looking at the bigger picture, there have been a gaggle of studies comparing student achievement in charters and TPS. Most studies give the edge to charters to varying degrees. But even if charters do the same job as TPS, charters should be deemed preferable as they do it by receiving, on average, 28 percent less funding than TPS.

Additionally, a revealing new study conducted by Patrick Wolf, Corey De Angeles, et al shows that in eight big American cities, each dollar invested in a child’s k-12 schooling results in $6.44 in lifetime earnings in public charter schools compared to just $4.67 in lifetime earnings in TPS.

That traditional public schools dump kids into charters, frequently can’t handle kids with special needs and don’t give students the same bang for the buck as charters are realities that CTA and other teachers unions either omit or lie about when they push their anti-charter agenda.

One other tidbit not discussed by CTA is that charters are less likely to be unionized than they were six years ago. The National Alliance for Public Charter Schools found that 11.3 percent of the nation’s charters in the 2016–17 school year were unionized, down from 12.3 percent in 2009–10.

That Jay Mathews has awakened to the prevalent dishonesty of the teachers unions is encouraging. As we celebrate National Charter Schools Week, I only hope more mainstream media writers follow suit and aggressively expose teacher union mendacity.

Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers and the general public with reliable and balanced information about professional affiliations and positions on educational issues. The views presented here are strictly his own.

This article was originally published by the California Policy Center.

School Spending Up; Student Performance Down

School educationCalifornia school boards are prevented by the state Legislature and governor from offering disproportionate pay to employees willing to work in high-poverty zones, cutting pension spending, altering tenure rules or granting principals the power to fire poorly performing employees. The outcome: poor student performance and shaky finances despite a big increase in spending.

All it takes is 62 legislators and the governor to change that outcome. Every legislator knows that school districts should not be forced to grant permanent employment after just 24 months or to divert money from current to retired teachers and should be permitted to pay more to teachers who take on tougher assignments and to fire under-performers.

The only thing stopping them is fear. They are afraid of CTA, the largest commercial and political special interest roaming the halls of the State Capitol. But don’t blame CTA. Its members collect ~$70 billion per year from taxpayers. You too would roam the Capitol if you collected that kind of money from legislators. Blame legislators and governors who don’t have the courage to attack the real causes of school distress. It is they who are letting down students — especially our most vulnerable students. Just look at what’s happening in San Francisco and around the state.

But the legislature and governor don’t get all the blame. Believe it or not, some districts subsidize retirees at the expense of current employees. San Francisco could pay teachers an extra $40 million this year if it stopped subsidizing health insurance for retirees who, like their fellow Californians, could obtain health insurance on the state’s excellent Obamacare exchange (Covered California) until they become eligible for Medicare. The city of Glendale shows how. The San Francisco school board doesn’t need permission from the state to make that change right now. But instead, it is asking voters to approve an additional tax on property. Middle class residents already find it tough going in San FranciscoNow the school board wants to make it even harder  in order to subsidize retirees. Fixing that doesn’t take rocket science. It just takes courage.

ecturer and research scholar at Stanford University and President of Govern for California.

This article was originally published by Fox and Hounds Daily

California unions brace for a Supreme Court loss

California labor leaders sound almost apocalyptic when they describe a looming Supreme Court case that many of them concede likely will cost them members and money.

“Everything is at stake,” says Yvonne Walker, president of Service Employees International Local 1000, state government’s largest union.

“It’s a blatant political attack,” says Eric Heins, the leader of the massive California Teachers Association.

“That’s a way that the corporations are trying to take our legs out from under us,” says Kim Cowart, a state registered nurse and SEIU union leader.

They’re alarmed by Janus vs. AFSCME, the Illinois lawsuit that challenges the rights of unions in 22 states to collect so-called “fair share” fees from employees who do not want to join bargaining groups but may benefit from representation. That practice has been legal and common since 1977, when the Supreme Court favored union arguments for fair-share fees in a lawsuit against the Detroit Board of Education. …

Click here to read the full article from the Sacramento Bee

Teachers union thwarts tenure reform attempt

Shirley WeberThe clout of the California Teachers Association was on full display last week when a bill by Assemblywoman Shirley Weber, D-San Diego, to reform a tenure law that can give lifetime job protections to teachers 18 months into their careers was abruptly withdrawn.

Since her election in 2012, Weber, a former school board president and college professor, has prodded her fellow Democratic lawmakers to not accept the California education status quo. Weber wants to make tenure rules more rigorous and like those in other states, to ensure the Local Control Funding Formula actually does what it was promised to do and helps English-language learners, and to seek state standards that make it easy to gauge whether schools are helping struggling minority students.

But Weber’s push for significant reforms have either been killed in the Legislature or by Gov. Jerry Brown’s veto pen.

Her latest reform measure, Assembly Bill 1220, would have delayed tenure decisions until a teacher’s third year on the job, but would have allowed marginal teachers additional time to establish their worthiness for tenure in a fourth year, and, in limited circumstances, a fifth year. Weber’s bill included a provision intended to make districts put more of an emphasis on professional development of marginal teachers.

The measure won early approvals and initially appeared relatively uncontroversial, with only five Assembly members opposing it in a preliminary June 1 vote. Weber supporters saw the provisions emphasizing helping struggling teachers as a valuable way to reassure teachers unions that the bill wasn’t an exercise in teacher or union bashing.

But later in June, the Assembly Appropriations Committee shaved off the fourth and fifth year tenure consideration provisions – without consulting Weber. Then, on July 6, Assemblyman Tony Thurmond, D-Richmond, gutted and amended AB1164, a bill he had introduced about foster care policies, so it offered an alternative to Weber’s bill. Thurmond’s version would in some cases allow struggling teachers to win tenure consideration after a third year.

The bill was knocked by reformers as unnecessarily complex and inferior to Weber’s. But its prime supporter – the CTA – quickly rounded up such support that Weber last week chose to withdraw her bill in hopes it could be revived in 2018.

Thurmond then withdrew his bill, suggesting it was only introduced as a way to block Weber and her proposal. Both are members of the California Legislative Black Caucus.

CTA expected to back lawmaker who thwarted bill

The EdSource website connected the maneuvering to Thurmond’s plan to run for state superintendent of public instruction in 2018 when incumbent Tom Torlakson is termed out. That’s because the CTA has already sent signals it will endorse Thurmond, who has established his pro-teacher union bona fides with such measures as proposing that teachers be given subsidized housing.

The CTA’s strong and early support of Torlakson was key to the low-profile Bay Area state lawmaker winning the superintendent’s job in 2010 after finishing second in the primary, and to his narrow 2014 win over fellow Democrat Marshall Tuck, a Los Angeles charter school advocate with backing from school reform groups.

Tuck has already announced he will seek the job again in 2018.

This article was originally published by CalWatchdog.com

If taxpayers are ‘cheap,’ it’s because they aren’t stupid

tax signCalifornia’s already overburdened taxpayers are, once again, being blamed for being the problem, now that Gov. Jerry Brown has labeled those who object to his new $5.2 billion gas and car tax as “freeloaders.”

Taxpayers have become accustomed to being insulted by those who want more of their money. A few years back, Barbara Kerr, then-president of the California Teachers Association, said taxpayers who opposed new taxes were “cheap.” This was the same view echoed by high-tech billionaires who financed the successful effort to make it easier to impose new property taxes to pay for school bonds. (It should be noted that billionaires are often insensitive to new taxes that mean little to them, but which can require a significant sacrifice to average California families.)

Californians are already struggling with a heavy tax burden. We rank first in state sales tax and marginal income tax rates and, when adding in the carbon tax, our gas tax is already the highest — and it is about to go much higher. Even with Proposition 13, the per capita property tax burden in the state ranks in the top 20.

It should come as no surprise that average folks find these new taxes onerous, taxes that, conservatively, could cost them and their families many hundreds of dollars a year. Adding insult to injury, much of the new revenue will go to accommodate bicycles and for mass transit, perhaps even the governor’s pet bullet train. This, of course, represents the political elites’ refusal to recognize that, for most people, biking to work, even with bike lanes that crowd out motorists, is not practical. They are equally out of touch when supporting spending close to a hundred billion dollars on a bullet train that will help few, if any, get to work or do their shopping.

In Sacramento, they have no trouble coming up with millions of dollars to pay legal bills for illegal immigrants, billions for the train and gold-plated compensation for bureaucrats. But, somehow, we can’t get our roads fixed unless taxpayers come up with additional bribe money in the form of new taxes.

But wait, there’s more, as they say on those late-night TV commercials. When gas taxes were last raised in 1990, the Sacramento politicians promised the new revenue would be a panacea for all our transportation woes. But spend it all on fixing roads and bridges they did not. When, after a decade of overspending, the state found itself in the red during a declining economy, gas tax money was pilfered for other Sacramento priorities, priorities that did not include new highways or road maintenance. Even after voters approved two separate ballot measures to force lawmakers to spend the billions of dollars in annual revenue on the roads, the state found a way around these mandates, even going so far as to changing the definition of the gas tax so that it would be exempt from the voter-approved requirements.

Well, the governor, and the rest of the Sacramento gang that approved the new gas tax, can call taxpayers “cheap” and “freeloaders” if they want, but they can’t call us stupid. We see exactly what is going on.

Jon Coupal is president of the Howard Jarvis Taxpayers Association.

This piece was originally published by at HJTA.org

New Teacher Tenure Bill Doesn’t Go Nearly Far Enough

Teacher tenureAs things stand, k-12 public school teachers in California are essentially guaranteed lifetime employment if they can get through their first two years on the job. This puts a lot of pressure on principals, as they must decide by March of a teacher’s second year – after just 16 actual teaching months – whether or not someone is good enough to spend their professional career influencing hundreds, and in many cases thousands, of young minds. About 98 percent of all teachers who seek tenure receive it in the Golden State.

There have been several attempts to tweak tenure or, more accurately, “permanent employment status.” In 2005, a ballot initiative would have extended the time it takes for a teacher to become a permanent employee from two to five years. But Prop. 74 went down to defeat, primarily because the California Teachers Association fought it tooth and nail, claiming it was an “attack on teacher due process.” (Wrong! As we have seen time and again, permanent status actually gives teachers “undue process.”)

Then, in 2012, along came Vergara v. California. The plaintiffs in this case argued that tenure (in concert with the seniority and dismissal statutes) causes greater harm to minority and economically disadvantaged populations because their schools “have a disproportionate share of grossly ineffective teachers.” So it was a case of a kid’s right to a good education v. an adult’s right to a job, and after going through the courts the unions ultimately won and California’s children were the big losers.

But before the State Supreme Court officially put the kibosh on Vergara, Susan Bonilla (D-Concord) introduced Assembly Bill 934 in February, 2016. As originally written, the bill would have placed poorly performing teachers in a program that offers professional support, though if they received a second low performance review after a year in the program, they could be fired via an expedited process regardless of their experience level. Also, permanence would not always be granted after two years, and seniority would no longer be the single overriding factor in handing out pink slips. Teachers with two or more bad reviews would lose their jobs before newer teachers who have not received poor evaluations.

At first, CTA opposed Bonilla’s bill on the basis that it “would make education an incredibly insecure profession.” Then, ratcheting up its propaganda, the union trotted out its standard diversionary tactics in proclaiming, “Corporate millionaires and special interests have mounted an all-out assault on educators by attempting to do away with laws protecting teachers from arbitrary firings, providing transparency in layoff decisions and supporting due process rights.”

Due to CTA arm-twisting, the bill was eviscerated so badly that most of its original supporters decided the cure had become worse than the disease, and it was eventually euthanized by the Senate Education Committee.

The latest attempt to rework teacher permanence comes from California State Assemblywoman Shirley Weber. With the sponsorship of Teach Plus and Educators for Excellence, two teacher-led activist organizations, the San Diego Democrat has introduced AB 1220, legislation that would extend the current time it takes to attain permanent status from two years to three. The bill would also allow some teachers who don’t meet the requirements in three years an extra year or two in which they could get additional mentoring and be the recipient of other professional development resources.

So depending on the teacher’s effectiveness, the tenure perk would be moved from two to three, four or five years. As things stand now, a principal may not want to take a chance on a teacher who is not doing well in his first two years. But the added time frame might see that teacher blossom…or it might not. Hence, it’s a crapshoot for kids.

The only response from the teachers unions thus far comes from California Federation of Teachers president Josh Pechthalt, who says that the bill “really misses the boat in terms of what is needed to improve or make sure that beginning teachers are prepared and ready to assume a classroom.”

However union leaders may try to disparage the bill, it is hardly radical, as 42 states set tenure at three or more years. In fact, three states don’t offer tenure at all, which brings up the question of why do teachers need permanent status? Doctors, lawyers, bricklayers, carpenters and U.S. presidents have no such entitlements. Why teachers? The stock teacher unionista response  these days is that permanent status is important “so that I can advocate for my students without fear of losing my job.” This statement has been making the rounds for a while now and is just plain silly. What kind of teacher or principal would not “advocate for their students?” In fact, to really advocate for your students, you should demand an end to permanence. Period.  Thousands of students stuck with lemons, not to mention their parents and taxpayers, would be much better off.

There is no legitimate reason why we need a law on the books which enables just 2 teachers a year out of about 300,000 to be fired for incompetence, most especially in a state where student NAEP scores languish at the bottom of the barrel. And this is the biggest problem with AB 1220. What do you do with a burned out teacher who, after 20 years in the classroom, is just going through the motions, spending the day ignoring his students as he dreams of retiring to a beach in Hawaii in ten years on his big fat defined benefit pension? The answer is that you can’t do a damn thing.

That said, AB 1220 is better than the law on the books and should be supported…in its current uneviscerated form. But we really need to go much further and promote a system where a teacher must earn his right to stay on the job throughout his career… just like any other professional.

Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers and the general public with reliable and balanced information about professional affiliations and positions on educational issues. The views presented here are strictly his own.

This piece was originally published by UnionWatch.org

Trump Pick for Supreme Court Could Devastate California Teachers Association

Rebecca FriedrichsWhile it may not be immediately apparent, Donald Trump’s victory in last week’s presidential election has deep implications for the balance of political power in California. Because of his win, there could soon be a fifth vote on the U. S. Supreme Court – again – to conclude that teachers at California public schools can’t be compelled to pay union dues to the California Teachers Association in support of political activities with which they disagree.

These dues have made the CTA arguably the most powerful force in state politics, able to win passage of bills increasing taxpayer funding for the state teachers’ pension system, protecting teachers’ jobs and making it difficult for their performance to be evaluated. A Fair Political Practices Commission report found that the CTA and affiliated entitiesspent $212 million to influence state politics from 2000-2009. Dues vary but are generally around $1,000 a year for the CTA’s 325,000 members.

At a January hearing in the Friedrichs v. CTA case, five justices – conservatives Antonin Scalia, John Roberts, Clarence Thomas and Samuel Alito and libertarian swing voter Anthony Kennedy – appeared poised to allow teachers to opt out of CTA dues.

But in February, Scalia died. In March, the court deadlocked 4-4 on the case, and in June, it declined to hear the case again in the term that began in October.

Trump has promised to appoint a justice with Scalia-like views as his replacement. That presumably would mean five votes to put limits on what public employee union dues could be used for.

Are dues solely used for collective bargaining or not?

The case was brought in 2013 by the libertarian-leaning Center for Individual Rights on behalf of Rebecca Friedrichs, an Orange County schoolteacher (pictured above), and other teachers who object to the CTA’s agenda and reject the claim that their dues were being used for “collective bargaining” purposes only.

The center is expected to start the ball rolling again for a new federal trial, and eventual Supreme Court review, in coming months. It’s not clear whether Friedrichs will again be the plaintiff, but there’s a broad assumption that the CTA — labelled “the worst union in America” by conservative publication City Journal — will again be the target.

As California Lawyer magazine detailed last year, conservative federal judges — not just those on the Supreme Court — seem eager to expedite the challenge to union members’ objections to political uses of their dues. Both trial court and appellate judges went along with plaintiffs’ request that the Friedrichs case be rejected based on precedent — specifically, Abood v. Detroit Board of Education, a 1977 Supreme Court ruling upholding compulsory union dues. This request was made to get the case before the high court as soon as possible.

There is little doubt that several justices are eager to scrap the precedent.

At the January hearing on the Friedrichs case, Kennedy ridiculed the argument that compelling teachers to pay union dues that were used to advocate political views they didn’t share was no big deal because those teachers could advocate for their views in other ways.

The contention that upholding Friedrichs’ challenge would destroy public employee unions also was subject to sharp challenge by justices who noted that federal employees’ unions didn’t charge “agency fees” but were able to effectively bargain on pay and benefits.

The four justices who voted to reject the Friedrichs case and side with the CTA criticized what they saw as an unseemly eagerness to reject long-held precedent. They noted that the Abood case’s finding had been challenged repeatedly over the last four decades and had only faced high court doubts in recent years.

This piece was originally published by CalWatchdog.com

Teachers Union’s New Gambit to Cheat Taxpayers Annually

Teachers unionCalifornia is a fabulous place. Fantastic weather, fertile fields, glorious mountains and a thousand mile coastline have long beckoned many to the Golden State.

And then there is the state legislature.

This law-making body is very far from fabulous. Its main activities in our one-party state are taxing, spending and regulating our business community, workers and economy to death. Additionally, many of its members are in the pocket of the California Teachers Association, which is by far the biggest political spender in the state, unleashing $290 million on candidates and causes between 2000 and 2013.

The latest legislative sop to the unions is AB 2835, a CTA-co-sponsored bill that, if it passes, will force local governments, including school districts, to provide 30-minute in-person orientations, paid for by the taxpayer, to each and every new public employee during work hours within the first two months of their being hired. But as pointed out by several government officials in a piece that ran in the East Bay Times recently, cities, counties and special districts already do that, spending “the better part of a full day educating new employees on the benefits available to them, policies on harassment and violence, and how to respond to possibly harmful workplace situations. Our employees begin their public service with the knowledge they need to serve their communities.”

However, AB 2835 goes way beyond that, requiring local governments to set aside half of an hour – within the first hour of any orientation it provides – for each union representing public employees to speak, with almost no restrictions, to new employees. “It won’t matter if local governments are using an online or video orientation to maximize tax dollars and avoid unnecessary travel expenses. It won’t matter if a police officer or firefighter should be on-call to respond to emergencies instead of meeting with his or her union representative. Every employee. In-person. Thirty minutes during the first hour of an orientation. Every time.”

This requirement would place an enormous administrative burden on government, and it won’t come cheap. The California State Department of Finance has estimated that the mandate would cost taxpayers “more than $70 million annually for local governments and more than $280 million annually for school districts.”

AB 2835 would especially pose logistical problems for schools because the 30 minute orientation sessions would be held during the work day. Colleges, which have numerous collective bargaining units, would be especially affected.  As the Association of California Community College Administrators points out, allowing each collective bargaining unit 30 minutes to make a presentation, “will result in a significant length of time, which will require colleges to hire additional staff to cover classes and other critical campus safety services during the orientations.”

Not surprisingly, the bill is backed by a gaggle of labor organizations. In addition to CTA, the California Faculty Association, California Nurses Association and SEIU are behind it. The opposition includes the California School Boards Association, the League of California Cities and the Association of California School Administrators.

Just as onerous as the cost and disruptiveness will be the quality of the orientation session. This is going to be a hard sales pitch, plain and simple. Or, in less polite terms, indoctrination. I guarantee that the results of a study released in April by the Heritage Foundation – which found that between 1957 and 2011, mandatory collective bargaining costs a family of four between $2,300 and $3,000 a year – will not be a topic of discussion.

Also missing from the pitch will be a recent study by Cornell researcher Michael Lovenheim. He found that “laws requiring school districts to engage in collective bargaining with teachers unions lead students to be less successful in the labor market in adulthood. Students who spent all 12 years of grade school in a state with a duty-to-bargain law earned an average of $795 less per year and worked half an hour less per week as adults than students who were not exposed to collective-bargaining laws.”

Will the orientation stress that collective bargaining creates significant potential for polarization between employees and managers? Or that it decreases flexibility and requires longer time needed for decision making? Or that it protects the status quo, thereby inhibiting innovation and change? Or that it restricts management’s ability to deal directly with individual employees? Nah.

AB 2835 was birthed when CTA leaders were frightened that the Friedrichs decision was going to go against them and decided they needed to deliver a sales pitch to teachers who would no longer be forced to pay money to the union as a condition of employment. But with Antonin Scalia’s death and the Supreme Court’s subsequent refusal to rehear the case, this bill is irrelevant; CTA and the smaller California Federation of Teachers still have a captive audience. Just about every public school teacher in the state will continue to be forced to pay a union if they want a job in a public school. But if CTA and other unions still insist on trying to convince prospective members of their value, they should do it after hours and not ding the taxpayer in the process.

The bill sailed through the California State Assembly and now rests in the State Senate where it must be voted on by August 31sttomorrow, for it to become law. So, if you live in the Beholden State, please contact your state senator immediately and keep your fingers crossed. And should the bill become law, prepare for even more money to be transferred from your wallet to the unions’ already healthy coffers.

Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers and the general public with reliable and balanced information about professional affiliations and positions on educational issues. The views presented here are strictly his own.

This piece was originally published by UnionWatch.org