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Second set of KIPP teachers strike back, separating from union

Teachers at two New York City KIPP charter schools today asked state labor officials to sever their ties from the city teachers union, in petitions signed by every single teacher at the two schools. The move is a powerful response to efforts by teachers at another KIPP school in Brooklyn, KIPP AMP, who in the past few months have sought to join the politically powerful union, the United Federation of Teachers.

Teachers at KIPP Infinity and KIPP Academy charter schools, considered the two premier members of the high-profile charter network’s New York City branch, sent the petitions. The schools’ affiliations with the union were loose to begin with: KIPP Academy is represented by the union only because it was one of the city’s original charter schools, and it could only transition to charter status on the condition that it remained represented by the teachers union, and KIPP Infinity teachers are represented by the union only in order to get health benefits through the union’s services, KIPP leaders have told me.

But the union has courted a more formal relationship in recent months, according to a press release sent out this morning by KIPP Infinity and Academy teachers. The union tried to begin collective bargaining talks with KIPP Infinity — without consulting with any KIPP Infinity teachers, the release says. The union also filed a grievance against KIPP Academy “without solicitation or support of staff,” the release says.

The teachers say they don’t want to be represented by an outside group such as the union because they worry that “could compromise the strong environment of communication and collaboration that is integral to the success of our schools.”

The statement strongly contradicts the position of teachers at KIPP AMP, who have said that UFT representation would help facilitate more collaboration and communication — and would help them do their jobs better. They have also charged the KIPP charter school network with actively trying to derail their efforts, filing complaints with the Public Employee Relations Board accusing KIPP of waging an intimidation campaign against teachers who want to organize.

KIPP leaders have traditionally touted their freedom from teachers unions as a strength, because it allows them to hire and fire as they please. Whether the KIPP AMP teachers will force the network to step away from that position is up to the state labor relations board, which has to decide whether to grant their request to be represented by the UFT. The board is expected to reach a decision in the next few weeks.

Here’s the full press release:

From the Teachers of KIPP Academy and KIPP: Infinity

On Wednesday, March 18, 2009, the teaching staffs of KIPP Academy Charter School in the Bronx, New York, and KIPP Infinity Charter School in Manhattan, submitted to the Public Employment Relations Board (PERB) official petitions for decertification of the United Federation of Teachers (UFT) as our certified negotiating representative.  These petitions were signed and supported by every staff member at each school.

It is with great consideration that we take this next step in the life of our schools.  We, the undersigned teaching staffs of KIPP Academy and KIPP: Infinity, feel the success we have attained to this point in our schools is largely because of the close relationship between all those interested in our students’ well-being, from students to families to school staff.  While we have nominally been unionized, the collective bargaining agreement has never been a prominent factor in deciding what is best for our students, our team, and our family.  Rather, we solve problems using communication among staff members and working collaboratively with administration to best serve the needs of our students and families.  We have found that this method of problem solving has fit our situations well, and we plan to continue following this model of open, positive communication among students, families, and staff in the future.

In recent months, the UFT has made clear its desire to play a more active part in the day-to-day operations of our schools.  Two examples illustrate this point.  In January, the UFT sent a letter to the KIPP: Infinity Board of Directors with the goal of beginning collective bargaining on teachers’ behalf; the UFT neither consulted nor informed the staff of this request.  In addition, a union-initiated grievance has been filed against KIPP Academy without solicitation or support of staff.  It is our belief that the active presence of an external negotiating representative could compromise the strong environment of communication and collaboration that is integral to the success of our schools.

We recognize and respect the historical value of labor unions to protect the rights of workers and ensure quality working conditions, and our decision to decertify the union as our negotiating representative is not a reflection of our feelings either toward unions as a whole, or toward the UFT in particular.  We also certainly understand the vital role labor unions have played, and continue to play, in supporting the interests of workers and facilitating communication between labor and management.

With that said, we do not believe that one size fits all.  We firmly believe that the best way to move forward is to continue with what has made our schools great: parents, staff, and administration working cooperatively to teach character and academics in order to prepare our students for high school, college, and the world beyond.  We look forward to continuing to serve the students and families of New York City to the very best of our ability.

Sincerely,

KIPP Academy Staff         KIPP Infinity Staff

  • Jeff Kaufman

    This distrurbs me greatly. UFT democracy and accountability have been lacking. In pushing through our last contracts the leadership has always argued that they know what is best for us. Now we are living under an agreement that evicerates our grievance procedure, shift the power paradigm to the principal and makes a mockery over workplace collaboration. The fact that the UFT routinely ignores or pays lip service to important workplace issues is reflected in the KIPP teachers’ action. I wish that our Union was more responsive but decertification is one way out.

  • ceolaf

    This is a sad, disturbing even a complicated story.

    * It is sad because the teachers do not feel well served by those who are supposed to protect their rights and serve their interests.

    * It is disturbing because the union might have been working against their interests, and it has gotten to the point that these teachers made these requests.

    * It is complicated because I am not sure that they do or should have the right to server their schools from the union.

    You see, the proper scope for the bargaining unit is often a key point of contention in labor (i.e. union) stuff. Potential questions could including things like
    – Should paraprofessionals be part of the same unit?
    – Should certified professionals who are not classroom teachers? (e.g. guidance counselors or librarians)
    – Is the bargaining unit a single schoo? A region? A district?

    Non-charter schools in the NYC school district cannot sever themselves from the union, as the bargaining unit has has always been all the teachers in the district. This is a settled question. To the extent that charter schools are independent, they should not be part of the same unit. However, if the separation is not actually complete and total, where do you draw the line?

    This is a mess. And it reflects quite poorly on the UFT that it has gotten to this point.

  • Socrates

    The UFT seems to have felt that a single charter school was the correct bargaining unit when, in the case of AMP, that school’s teachers want to JOIN the union, so why would it be any different when they want to LEAVE?

    If 100% of the teachers at the schools signed the decertification petition, I’m sure that constitutes a majority of all employees, and certainly would be a majority of any bargaining unit. Most charter schools have very few paras, and even if no paras or guidance counselors signed the petition, a bloc of all the teachers would undoubtedly outnumber a bloc of all the other staff.

    Elizabeth, do you know or are you able to find out if non-teachers were included in the petitions?

  • ceolaf

    Socrates,

    I don’t think that I was clear, but I also think that you’re not being fair.

    A new and independent charter school is clearly defines its own bargaining unit. Quite often these things need to be decided by the courts or the NLRB (i.e the National Labor Relations Board), but this one is easy enough to call outright. (A chain of charter schools under common management, like Moskowitz’s, on the other hand, is probably one larger unit.) However, if a school was part of a district — and the district as long been borders of a bargaining unit, that is settled and clear — what happens when a school breaks off from the district? This is a new phenomenon, and I do no believe that it is settled.

    My guess is that that if the group have a different employer that it becomes a simple call. However, if the actual charters (i.e. the authorizing documents for these schools) requires them to be UFT shops, that would then call the legal status of the schools into question. I’ve not read their charters — or even know if they are easily available — so I cannot predict how this might come out.

    But it is not a matter of what the UFT wants, or how it acts. This is a legal question. Moreover, it is not the same question as for a new an independent charter school. Re-definition of a bargaining unit is a big deal and shouldn’t be easy — it actually makes things harder for employers, as it raises uncertainties (but this ia different question, for another time).

    ***********

    I think that I was unclear on some things, however. Within a given industry that has not changed in structure, the questions about the scope of a bargaining unit tend to get settled. However, in new industries or when things change, they get opened up again.

    That is what is happening here.

  • Socrates

    CEOlaf – that distinction makes sense. Infinity opened the same year and under the same conditions as AMP, so it seems the rules should apply similarly. The Bronx school is the only one that started as part of the district.

    Presumably, though, if a school splits from the district, it’s now a separate unit. Its previous district affiliation is a thing of the past, as it’s a different organization that has it’s own board, its own leaders, etc.

  • john thompson

    Thoughtful comments. I’ve always thought that we need to merge the teachers’ and the principals’ unions, but I’m outnumbered on that by 10 zillion to one.
    Lawyers say correctly that tough cases make bad law. Its tragic that two of the toughest cases NYC and D.C., which are outliers for different reasons, are being used to shape the nation’s policy. I don’t know what I’d do if I wanted to reform a system of 1.1 million or how I would handle it as a union leader when “reformers” were demanding an unconscionable amount of power, any more than I know how I would turnaround D.C.

    I just know that Klein and Rhee, have gotten to the combative point where the good they could do is counterbalanced by the harm inherent in their tactics. And if they win, my students – who have already endured so much from generational poverty – are going to be further brutalized if the data-DRIVEN accountability true believers are victorious.

    Speaking of being outvoted, I’ve always wished we could have a viable code of ethics, which for instance would condemn primitive test prep strategies, teaching to the bubble kids, and above all condemn participating in statistical tricks or meeting accountability targets. But my Building Rep, correctly, just laughed. We can agree that yelling at students is wrong? Right? The code already declares yelling as unethical , right? There are a few inner city secondary teachers who don’t yell, right? But those principals who refuse to do any discipline, would you trust them with the power of disciplining teachers who yell? So, that’s why i pay dues to a professional to handle my stuff.
    So, I take that utopian idea back, but I still think principals need to join a teachers union or we will never get honest information sent up the chain of command. KIPP wants to expand to 80 something schools and yet they are finding human nature more intrangient then they’d like.

  • ceolaf

    John,

    Unions protect the rights of their members. Most union grievances are about the actions of mid-level or low-level managers. When it comes to schools, that means assistant principals and principals.

    It is, therefore, hard for a union to represent both teachers and administrators. Protecting the rights of one member against the actions of another? That’s a difficult position to put a union in, representing the griever and grievee? Really tough.

    (And then there’s the question of whether school administrators should be unionized at all. I’m in favor, but it’s another complicated issue without a clear answer.)

  • Socrates

    There’s also the question of whether teachers should be unionized at all. If we want our profession to be viewed as a profession, operating under industrial-style labor rules gets in the way.

  • ceolaf

    Socrates,

    Yes, that’s a good point.

    I asked whether lower level managers (APs and principals in a huge system) should be unionized.

    You raise a different question — equally valid, of course. Are unions incompatible with professions?

    I agree with you that industrial style labor rules are a problem. But airline pilots have similar work rules, so it is not as teaching is the only profession that faces these issues. Of course, many of the work rules do not stem from unions of collective bargaining, but were instead put in place by management as being a simple and workable way to make decisions — at the cost of many many suboptimal decisions, of course. Yes, they got codified in the labor contracts, but they were management-designed management practices.

    I’m sure that we agree, Socrates, that if professional unions are to succeed any be of benefit to the interests of their members, they have push against industrial-style work rules. I think that there’s a place for them, and a better for them if they do that. But maybe I’m wrong, and you don’t agree with me on this.

    Yes, It is an important question.

    And if there is a place for professional unions, I think that there is ALSO a place for managerial unions. But that is another important question. Perhaps they are related. Perhaps the answer to the question you raise is more fundamental than the question I raise, and once it is answered my question becomes moot.

    Thank you for calling me out on that one. Seriously.

  • Pogue

    Hear, ye! Hear, ye! Blame the people! Dang, if only Wall Street and banking CEO’s had been unionized. Maybe we could have kept a closer watch on them as they greedily ruined our country, financially.

  • john thompson

    So its one zillion and three against my idea. It could be worst.

    I’m not falling on my sword on this, but please remember that one of the best ways that airlines raised safety was empowering the co-pilot and teaching him or her to question the pilot. One of the best ways of raising safety in hospitals is empowering nurses to remind doctors to wash their hands.

    Its always easier to avoid a mess than clean it up afterwards. If teachers and administtrators could be equally honest in both working collaboratively and sending honest information up the chain of command, we would be continually cleaning up the “quick fix” of the day. I wasn’t born yesterday but I still remember being stunned by a principal who I had worked for for a decade when collaboration became acceptable. “John,” she said, “You don’t really believe that I believe what I had to say?”

    Then after our disastrous experiment with curriculum alignment and pacing orchestrated by the top, the architect of plan plan was equally wide-eyed in telling me, “John, you don’t believe that I actually thought that teachers across this entire district could be required to teach the same subject matter at the same rate? I was just following orders.”

  • Pingback: Ed is Watching » NYC KIPP Charter School Teachers Drop Union — Still Concerns, But No Trend

  • Pingback: Unionizing charter schools, bashing teacher unions and really all unions: how the right wing makes us hate organized working people | Dailycensored.com

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