Teacher Negotiation Reform: Beating Swords Into Ploughshares

This is a cross posting from my friend Patrick Ledesma's Leading from the Classroom on Ed Week Teacher Magazine.  He was kind enough to let me guest blog.  I'm putting it here for readers who normally read my stuff on Education Worker.


The second United States Department of Education Labor Management Collaboration Conference (LMC) convened in Cincinnati last month, with a theme of harnessing the power of collaboration to advance student achievement.  I attended the last conference in Denver as a researcher, part of a team of Teaching Ambassador Fellows, and had the opportunity to network with the Federal Mediation and Conciliation Service (FMCS), which promotes sound and stable labor-management relations.
Back in Vermont, in 2011 I was entering my fourth cycle as a negotiator and second as local president.  Our negotiations had always been protracted and contentious, requiring thousands of hours of teacher and school board member time.  The traditional process goes through a predictable sequence: bargaining, impasse, mediation, fact finding, crisis buildup, and, in rare instances, imposition and strike.  Mediation and fact finding employ private consultants costing thousands of dollars.  Boards often call on private attorneys to negotiate, the costs of which often exceed the amount needed to settle the economic issues.
This scenario is repeated dozens of times all over Vermont.  Each negotiation is for a small number of teachers by national standards, resulting in minor changes to “mature contracts.”  It is a time consuming and costly way to preserve the status quo.
Our previous negotiation had required at least 200 hours of each of the ten teachers on our team.  The board commitment was similar.  Rancor adds no value.  Unions, boards and administration should be partners in the cause of student learning, but are instead trapped in a ritualistic process.
I returned from Denver determined that our pending negotiation would be collaborative, and facilitated by FMCS.  It took months of persuasion – one board member could not believe that FMCS services were free.  Finally, a pair of skilled FMCS mediators trained both teams together in the techniques of Interest Based Bargaining. 
We invested in success. The results?
·         Zero dollars spent on a board attorney, mediators or fact finders
·         Settlement was achieved in 6 months rather than 18
·         Team members expending 60 hours rather than 200+
·         No rancorous crisis buildup
·         A labor-management committee to deal with issues as they emerge.
·         Respect between board and teachers, a result of “tough minded collaboration.”
Is this process reform sustainable? Can it become a template for our state?  An innovation of this year’s LMC is critically important in answering these questions: the presence of state leadership teams, both as presenters and participants.  Three states, Delaware, Kentucky and Massachusetts, presented.  Their teams highlighted work they have done to support local collaboration. 
Vermont sent a team of statewide leaders.  We need structures and supports at the state level to sustain and expand the collaborative work already happening at the local level.  I am confident that our state leaders found inspiration and practical ideas at the conference.
Process reform is not enough.  Sustainability depends on connecting to a greater goal: excellent student learning.  In Vermont, dealing proactively with contemporary policy challenges requires this focus.  Collective bargaining agreements must shift away from emphasis on salary and working conditions, management prerogative and taxation, and become education improvement plans in which the traditional concerns become tools. 
The tremendous civic engagement which goes into our teacher negotiations in Vermont is a gold mine of effort and commitment which could be harnessed to the cause of great student learning.  Our children deserve no less.

Progressive unionism flexes its muscles at RA


On July 1, I introduced New Business Item #4 at NEA Representative Assembly.  It was supported unanimously by the Vermont delegation.  A team of fantastic leaders from the Teacher Union Reform Network (TURN) Caucus organized to support NBI #4, including Mary McDonald of CEC Illinois and CETT chair Maddie Fennell, who mobilized the entire Nebraska state delegation to yield microphones.
An all-star cast of union leaders spoke for NBI #4, including Massachusetts Teachers Association president Paul Toner, Montgomery County MD president Doug Prouty, former Fairfax VA president Rick Baumgartner, and Wisconsin State Senate candidate (and CETT member) Shelly Moore.
This is the text of NBI #4:
NEA will create a plan for presentation at 2013 RA to implement recommendation 9c on page 22 of the NEA Commission on Effective Teachers and Teaching report “Transforming Teaching” which reads: “Transform the UniServ Program, making UniServ directors advocates for educational issues to advance NEA’s professional agenda.”
The NEA Commission on Effective Teachers and Teaching (CETT) produced the policy brief “Transforming Teaching” with recommendations from real teachers on reform.  Recommendation 9 calls for NEA to “Address internal barriers to organizational engagement about teaching quality and student learning.”
The Rationale/background as published in RA Today is a follows:
The Commission on Effective Teachers and Teaching provided recommendations from accomplished teachers which highlight that educational issues have come to the forefront more than ever before.  One of the recommendations from the report is substantial and actionable within the current budget.
Pretty technical stuff…. Why then, did it inspire the opposition to organize a floor strategy against it?  NBI #4 became a screen on which the regressive forces in NEA projected their worst fears.  The opposition did not listen to our arguments.  They simply let their imagination run amok.
While NBI #4 was defeated by voice vote, much was accomplished:
·         A substantial debate about progressive unionism occurred on the floor of RA, exactly the type of internal debate which a healthy union needs.
·         The entire body of RA delegates took notice of “Transforming Teaching”
·         The progressive leaders of the Association flexed their muscles and demonstrated a remarkable capacity to organize on short notice.
·         A substantial minority of RA delegates stood up on division and supported a progressive action.  I’m sure the NEA leadership took note.
·         9000 people heard about TURN and saw demonstrated the group’s excellent work.
For the record: here is the text of my speech introducing NBI #4:
While bread and butter issues remain an essential task of our work, in the 21st century, unionism is shifting. We have the opportunity to take control of the quality debate more than ever before.   We see the link between controlling this debate about quality and our continued success in providing our members with professional pay, benefits, and working conditions. 
We need a Uniserv program prepared to support elected leadership at the local level in meeting 21stcentury challenges.  Our Uniserv directors need detailed knowledge of the policy challenges we face as local leaders, and the ability to respond to those challenges – bread and butter and teaching quality, with a full range of contemporary technical skills.
In many places, local leaders tell me this is already happening.  The plan we are requesting will not change that.
New Business Item #4 has three parts:
1.       We are asking for a plan to be brought to the 2013 Representative Assembly.
2.       We are asking that plan to address professional development for Uniserv directors to support our locals on issues of education quality and leading the profession.
3.       We expect that plan to align the Uniserv program to the NEA vision and the needs of our local and state affiliates to take the lead on teaching and learning.
Many of us are encountering challenges to the survival of our union and the well being of our members.  We request NEA create a plan of action for Uniserv professional development and report back to next year’s RA, so that our local and state affiliates have the support they need.
Please support New Business Item #4. 

Update, state caucus positions on NBI #4:

Support: Alabama, Alaska, Arkansas, Colorado, Florida, Georgia, Hawaii, Idaho, Illinois, Louisiana, Mississippi, Nebraska, New Hampshire, New York, North Carolina, Ohio, Oklahoma, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Wisconsin

Support - leadership: Maine

Oppose: District, Maryland, Michigan, Nevada

Oppose - leadership: New Jersey

Refer - Pennsylvania, Connecticut, Indiana

No position: California, Delaware, Federal, Kentucky, Massachusetts, Minnesota, Missouri, Montana, New Mexico, North Dakota, Oregon, South Dakota, Texas, Virginia, West Virginia

Teacher Voice and Unions: Rivals or Partners?


I'm a member of a teacher voice group, and a member of a union.  Well actually more than a member - an activist.  I value both experiences a great deal.  I struggle to bring them together.
The Teacher Leader Network Forum (TLNF), the granddaddy of teacher voice groups, has been a valuable community for me to talk to teachers across the country, and broaden my perspective on education policy and its impact on the classroom.  At the same time, as a union activist, I have my hands on levers to make that policy perspective influence local and state policy.  I see the two things working together, but I also feel a tension between teacher voice and teacher unionism.
The emergence of a plethora of teacher voice groups such as VIVA (Voice Ideas Vision Action), Teach Plus, Educators for Excellence, and the Center for Teaching Quality(sponsor of TLNF) throw that tension into higher relief.  These groups tend to be nimble, low budget, and high tech - and very effective in developing a big picture perspective in participants.  The question becomes are they alternatives to the unions or are they complementary?
Unions theoretically are supposed to bring the voice of workers to the table.  They suffer some disadvantages in that task in education.  They are huge, expensive bureaucracies which become caught up in issues of institutional sustainability which often can obscure their original intent and purpose.  Their orientation to economic issues, while essential to public policy, obscures important professional issues, weakening impact and credibility.  The focus at the state and local level on the nuts and bolts of unionism, on the legalistic aspects of contract negotiation and administration, obscures the big picture.
In the best of both worlds, the union would cultivate the capacity of members to see the big picture, then marry that perspective to the nuts and bolts of policy making via collective bargaining agreements and legislation.  Unfortunately, engagement of a high capacity membership is not perceived to be in the best interests of the union bureaucracy.
In the best of both worlds, teacher voice groups would help teachers not just become adept at persuading the powerful, but actually become powerful themselves.  Unfortunately, the messiness of power is often treated as "unprofessional," as if we could somehow surf above the fray, pure and innocent and virtuous.
What if we thought of unions and teacher voice groups as complementary, rather than mutually exclusive?
I just heard of an effort to bring together a union and a teacher voice group in partnership.  Paul Toner, president of the Massachusetts Teachers Association, invited VIVA to build a teacher voice network in the gateway (smaller) cities of Massachusetts.  Toner regards VIVA as a partner who can build the capacity of the union by engaging teachers with interests beyond the traditional bread and butter issues of industrial unionism.  VIVA, for its part, partners with an organization with a robust capacity for making real impact in terms of access to the levers of power that can make the vision real.
There is a risk for both: an engaged membership may make uncomfortable demands on the union; the teacher voice group may have to descend from the ivory tower into the impure realm of political sausage making.  But the potential results in terms of great public policy, as well as the health and well being of both institutional partners, seem well worth the risk.
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