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reversal

Charter schools won’t have to pay union wages on construction

Charter schools will not have to pay union wages on construction projects, as New York’s Department of Labor had ordered them to do, a state appeals court ruled today.

The decision follows a tussle in which the state ordered that schools pay their janitors and construction workers union wages, causing an angry uproar among the schools’ leaders, who said the high wages would have been impossible for them to afford and could have jeopardized their ability to expand into new buildings.

The Department of Labor began asking charter schools to pay the union wage in September of 2007, but a group of charter schools in Albany and in the Bronx filed a lawsuit challenging the decision. A state supreme court upheld the decision last May, but the plaintiffs appealed, and this new decision overturns the supreme court’s.

Charter schools are publicly funded, but operate outside the regular Department of Education bureaucracy. The appeals court concluded that the schools are “inapplicable” to the law requiring that certain public entities that hold contracts with workers pay what is known as the “prevailing wage,” or the union wage.

Charter school supporters cheered the decision. “This is a victory for charter schools, which are under tremendous financial pressure to meet increasing expenses with less funding,” Bill Phillips, the president of the New York Charter Schools Association and a co-plaintiff in the case, said in a statement.

  • A. Ehl

    Just what the economy in the state of NY needs, more low paying jobs. If the teachers and directors of these schools will be paid a decent wage, why not pay the men and women, who will give their blood and sweat to build these schools the decent wage they deserve?

  • Michael M.

    Charter public schools and non-charter public schools both use public dollars (setting aside for a moment that charters ALSO garner corporate support to a much greater degree than public non-charters).

    So why should one camp have to pay “prevailing wage” but not the other?

    Furthermore, charters pressing the point in the manner described above would seem to undercut some charter defenders’ gripes against the UFT on institutionalized culture type grounds, and proves them to be simply PRO-LOW-PAY.

    The principle should be: Public dollars pay prevailing wage.

    If charters are advocating paying “prevailing wage” to teachers, please advise.

  • Pogue

    And somewhere, bloomberg, klein, gates, broad, moskowitz, and sharpton are high-fiving, chest-bumping, and giggling their asses off. Meanwhile, weingarten and other Union leaders just stay very still and quiet, and sit on their hands…and sit…and sit…and sit.

  • http://ednotesonline.blogspot.com/ Norm

    The UFT is not sitting on their hands. They are pro-charter with 2 schools of their own. Read Randi’s statement at NYSUT urges union member troglodytes to get on board with the ed deform movement: charter schools, performance based pay, removing “bad” teachers, etc.

  • http://nyceducator.com NYC Educator

    I’d take exception to the assertion that charters pay prevailing wage, unless the time of working people counts for nothing at all. If KIPP, for example, pays 20% more, but teachers work 60% more, as Sara Mosle wrote in Slate, they actually pay less.

  • http://sinksalive.blogspot.com KitchenSink

    There’s a law, and it’s called the New York State Charter Schools Act of 1998, and it set up this little group of schools called charter schools.

    The idea was to give schools greater autonomy to make decisions, and greater accountability than district schools. If they fail, they get shut down.

    The idea is that they are freed from the restrictions on district public schools. (There was also a compromise, of course, stating that at the outset they would receive about 30% less funding each year than district schools…in place until this year, when the legislature ignored the formula written into the law and froze the charter school funding while increasing district state aid thanks to the stimulus.)

    Why is this so threatening to you?

    Norm, how would you answer President Obama’s question: Have you ever seen a bad teacher?

  • http://ednotesonline.blogspot.com/ Norm

    Kitchen Sink
    I find it interesting that Obama asked that question. I wonder if he’s ever seen a bad politician and what he’s done about it? See one Rudy B who everyone knew was doing funny stuff in the very backyard of Obama. I would say, that bad politicians – and not just crooks but ineffective ones – are way more harmful to all than a bad teacher. And did he ask if we ever saw a bad doctor? They actually kill people – and believe me I know people in the medical field and they never get rid of bad doctors. Or ineffective cops. You think there are any of those? Or worse of all, bad principals and I can attest I’ve seen plenty of those.

    Thus the focus on bad teachers and the ‘research’ about it seems to me politically motivated. But you’ll be accusing me of ducking Obama’s question.

    First of all, I saw quite a few bad teachers – mine. Two out of my first six teachers in elementary school were bad the the other 4 very good. I had a few dousies in junior and senior high and even in college. Somehow we survived the bad teachers. But I digress again.

    I know you meant how many did I see in my teaching life. I spent the last 4 years of my career visiting schools as a staff developer in Williamburg and saw lots of teachers and very few bad ones – mostly newbies struggling.

    I did spend 3 years at one school when I started and we were innundated with new teachers.
    I was definitely a bad teacher my first year, thankfully as a sub. Because of so many newbies there were lots of classes out of control. When I transferred to another school, the staff was older and the quality of teaching was at a higher level. I think there is a direct correlation, in spite of the propaganda about older and the newer, energetic teachers.

    Teachers spend most of their time teaching and not watching other teachers. From what I did see, there was a normal bell curve of “quality” a very subjective word. Some of the worst were protected by my principal because they were political allies. Almost every teacher I poll has said they felt there were about 5% bad teachers who should not teach. Many self-selected themselves out of the classroom- or the difficulties they had with kids selected them out. An awful lot became supervisors, not a surprise to many teachers today. If you like teaching a lot you don’t leave the classroom. If you are bad, it’s hell. There are not a lot of bad teachers who do it for a career, though in the old days they did – like my 2nd grade teacher.

    When bad teachers leave you still will end up with replacements that are often also not too good. Some get better. Some don’t.

    The point is that these witch hunts for the so-called “bad” teachers is way out of proportion to the problem. If we gave principals the right to fire whomoever they want immediately, the idea that the problems in education would be solved is a pipe dream. Why? Because I have seen so many more bad principals than bad teachers and as long as these people make the same bad decisions without checks and balances that should come from a strong teachers union even at the cost of protecting some bad teachers, we will always be swimming uphill.

  • http://ednotesonline.blogspot.com/ Norm

    Oh yes, and the heaviest restrictions in history on the NYC public schools have come from Joel Klein’s micromanagement of the DOE, whose support for charter schools is like the guy who kiils his parents and pleads for mercy on the grounds he’s an orphan.

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