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a thousand words

Charter parents flock to Albany for advocacy day

Parents of students at Community Roots Charter School in Brooklyn boarded a bus for Albany before dawn, as school leaders checked in with other parents.

Parents of students at Community Roots Charter School in Brooklyn boarded a bus for Albany before dawn, as school leaders checked in with other parents.

Hundred of parents of charter school students from all over the city climbed into buses bound for Albany in the pre-dawn hours this morning. Once they got there, parents and advocates are spending the day pressing legislators to change state law to allow for more charter schools and better funding and facilities access for them.

Some schools, like Harlem Success Academy and Democracy Prep, are each bringing hundreds of parents on multiple busloads. Others, like Brooklyn’s Opportunity Roots Charter School, pictured here, filled one bus, or shared a bus with other schools. All in all, 80 city charter schools sent a total of 60 buses to Albany today.

Charter school leaders, parents and advocates have organized a number of events throughout the day, including individual meetings with legislators and a large mid-day pro-charter rally that organizers expected to draw more than a thousand people. Parents also expect to attend the legislature’s joint budget hearing on education this morning, where state Education Commissioner David Steiner, New York City Schools Chancellor Joel Klein, United Federation of Teachers president Michael Mulgrew and a large number of other education advocates are all expected to testify.

  • http://www.classsizematters.org leonie haimson

    who is paying for these buses? Is this coming out of our taxpayer funds?

  • Ellen

    of course it is…to pay for the right to free speech for parents of charter schools. Maybe the PR team at the DOE can provide buses to other parents to promote adequate funding to run publilc schools?

  • Michael Fiorillo

    So, the oligarchs who are behind charters, which are bleeding off resources from the public schools, provide the money to transport parents to lobby for even more subsidies, which will further the disparities and hostile takeover of public education.

    I can’t wait to hear charter apologists proclaim this as the quintessence of democracy. Then again, as the Supreme Court ruled last week, money is speech, so we’ll be seeing a lot more of this type of thing.

  • http://curioustwo.com Ken

    Only the UFT should be able to provide buses.  :)  Seriously, though, Leonie asks a fair question.  I’ll speculate that if we had perfect information on philanthropic efforts to support charter schools as well as UFT efforts to fight them,  I would be satisfied with the public response. 

  • QueensParent

    This is stupid. Charter schools are public schools. Children in charter schools have the same rights are children in regular public schools, the same access to public school buildings, the same EVERYTHING. The real enemies here are the people and unions who try to discriminate against charter schools or worse yet, limit the choices of parents by trying to force children to attend failing public schools.

  • Unionized Charter Lady

    I work in a unionized charter school. Many of my friends work in charters without a union. They tell me horror story after horror story. Many are afraid to lose their jobs if they speak out. One of my friends was recently fired from her job for questioning whether they were servicing a special needs student the right way. She was told “you are not within the mission of this school,” and was fired on the spot. What the unions do is bring accountability to this “school system.” Who can we rely upon to do this? Our management teams? The charter association? The DoE? Let’s not kid ourselves here, none of those entities care about the teachers or even the students. It’s the unions that care. What are these “unions?” They are nothing more than a band of educators who seek voice in how the children of NY are taught. They are the people in the classrooms who provide a second family to some. What do they get for it? They are demonized by the media, NYCSA, DoE, and Management teams of their schools. It sickens me every time I read an anti-union article in the newspaper. It’s just the very rich using their weapons of propoganda. I am proud to work in a charter school and to be in the teachers’ union. I urge my fellow charter school teachers to take that brave step and get unionized! You have a voice!

  • John Hancock

    QP,

    You log on an awful lot during work hours. Hmmmmnnnnnn.

  • http://curioustwo.com Ken

    “Let’s not kid ourselves here, none of those entities care about the teachers or even the students.  It’s the unions that care.”

    “It sickens me every time I read an anti-union article in the newspaper.  It’s just the very rich using their weapons of propaganda.”

    Yikes.  Extreme statements like these only hurt your arguments.  As I charter supporter, perhaps I shouldn’t be discouraging you!

  • Ellen

    Ken: Dc 37 has more money and more members than the UFT….just so you know who to knock next

  • Tell the truth

    Commenters here should stop spreading lies. The buses were provided by the NYC charter center, which is easy enough to find out.

    Unlike the UFT’s buses, whose entire, multimillion dollar operating income for lobbying comes straight out of the NYCDOE public coffers through the mandatory dues of their members and therefore is public dollars, these buses were paid for by private donors.

    Tell the truth!

  • http://perdidostreetschool.blogspot.com reality-based educator

    TTT, how do you consider the union dues teachers pay “public dollars”? The money is from the salary teachers make. Sure, it originates from taxpayers, but even you would admit that teachers are actually working for this money, yes?

    Now charters run by for-profit corporations do actually receive “public dollars” directly from taxpayers, but resist outside independent auditing of their “businesses”. Open up the books and maybe people wouldn’t think that Mistress Eva and the other charter operators were using taxpayer dollars to charter buses to Albany to lobby for public school privatization.

  • http://www.sinksalive.blogspot.com KitchenSink

    On my charter-center-sponsored bus today we calculated the annual contribution of UFT teachers in dues at about $125 million.

    That makes for a pretty impressive lobby – a lot more than any corporation I know – when you consider we were arguing for the restoration of our paltry $50 million that was cut by the legislature last year!

    UCL, you’ve got to tell your teacher friend to blow the whistle and get out of Dodge. That does not sound like an acceptable school community! (And sorry but a union probably wouldn’t fix it either, just continue the oppositional atmosphere of us vs. them/administration vs. teachers you describe…an atmosphere you don’t find at at least some NON-union charters, where teachers are free to unionize if and when they choose…)

    Fact check: every charter school is required by state law to have an annual, independent fiscal audit. These are public documents. What’s the controversy here? It sounds like some “reality” based folks on this strand are more interested in spreading half-baked rumors than actually doing the research to get the facts straight.

    Get the facts straight!

  • Michael Fiorillo

    Charter schools are private entities funded by public dollars. Many of them are managed by for-profit EMO’s (If you like HMO’s, you’ll love EMO’s!). They are totally controlled by their private Boards, with minimal or non-existent parent input or effective public oversight. Thus the persistent reports and statistics, published on this site and elsewhere, about cherry-picking, bogus lotteries (yes, how did Mona Davis get her daughter into Equality Charter school so rapidly?) and counseled-out students. I especially liked the quote on the ENYP thread by Sheila Joseph, saying, “This is an at-will school.” In other words, management decides which children stay or go, just like management decides which teachers stay or go.

    Public schools, indeed.

    As for Unionized Charter Lady, I wish you, your students and colleagues well, but would suggest that the moment a majority of charter school teachers become unionized is the moment that the Wall Street and Malanthropist money (Gates, Broad, Walton, et. al.) disappears. Meanwhile, those charter teachers who want and deserve a voice at their schools should prepare for some very ugly administrative and Board behavior.

  • http://perimeterprimate.blogspot.com/ Sharon

    What kind of movement intentionally pits parents against parents, students against students, and neighbors against neighbors? There is something manipulative, corrupt, and sick connected to all of this.

  • http://www.nycsa.org/blog/ Peter Murphy

    Those of you attacking charter schools in this series of comments, with these ideological talking points about “for-profit” and gobs of money paying for busses and silly anecdotes about non-unionized charters, should stop hiding behind anonymity. Except for you, Mr. Fiorillo. Your stuff about “oligarchs” and charters “bleeding money” describes the opposite of what is happening. Charters are living on far less than what is spent on district schools, and NYC is hardly bleeding funds on charter schools, which cost them about 1.2 percent of its education budget, half of which is paid for by the state. Check out 52 Broadway for the address of the oligarchs, who hold much sway in Albany. The charter parents and teachers on those buses want to be heard, for a change. Why be so dismissive and disrespectful of their efforts?

  • http://www.classsizematters.org leonie haimson

    I’ve seen these so-called independent audits and they say nothing — even the one about East NY Prep, a school that even the DOE has admitted should be closed due to fiscal improprieties, among other problems. They are like the audits done for Enron.

    This why the charter lobby is so intent on blocking the legal ability of the state comptroller from auditing these schools’ use of public funds; rather outrageous, if you think about it. What are they so afraid of?

    As for the amount of public funding that charter schools receive, we believe that they get more than their fair share in NYC — over $12,000 per student at the school level, plus for most, free use of facilities, energy costs, transportation, custodial, food, and many other services free of charge that are not reflected in their financial statements, while regular district public schools get only $8,000 per gened student. Charters are not subject to fair student funding, unlike DOE run schools, are allowed to cap enrollment and class size at whatever level they like, and most raise plenty of private money besides, and enroll far fewer high needs students than the communities in which they are located. Accordingly, they are able to afford extensive recruiting campaigns, urge their parents attend rallies and lobby elected officials, and pay for buses to Albany —none of which any regular public school could finance. Separate and unequal indeed.

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  • luvcharters

    I work in a unionized charter as well and I am so offended by the likes of Peter Murphy. The unions scare this man. It isn’t because of this mythological power he claims they have, it is because of what they represent;defenders of teacher voice. Teacher voice is the bane of the NYCSA existence. Teachers are just cogs in the profit wheel. They are replaceable. Have an idea that might bring up cost and cut into the profit margin and you are not “with the mission of the school.” Yes, I have heard these stories too Unionized Charter Lady. The NYCSA represents all that is wrong in education reform. Where does all your funding come from Peter? Did Wal-mart contribute its share? We all know how Walmart feels about their labor force. Is it any different when they invest in schools? They wouldn’t hurt the children would they? Those with any sense and don’t have their head in the sand could answer those questions. Check out the governor…guess who dumped a ton of money in his election chest…WalMart. Do they plan on opening some stores in NYC? Or, are they opening another profit maker that starts with “s?”

    As a Unionized Charter Teacher, answer me this Mr. Murphy…why not lobby to change the funding formula? I know recently the unions did. I would urge you to do the same. But, then you couldn’t blame the unions for the recession, could you? Then again, you just might. Your reluctance to lobby to change the formula only shows your true colors–which so hinders this movement.

    I believe in charter schools. They can be fantastic part of education reform. But there is something wrong going on here—something very wrong. A great idea has been bent and exploited by pirates such as Murphy. I hope charters are here to stay but with people like Peter Murphy gone.

    I stand with Unionized Charter Lady and call for my brothers and sisters working in charters to unionized and keep out the exploiters like Wal-Mart and Murphy.

  • Michael Fiorillo

    Peter Murphy,

    Please don’t put words in my mouth: I said absolutely nothing about about charter school parents. However, I will say something now: in their (justifiable) eagerness to get the best for their children, they are being manipulated into a situation where their (exclusively individualistic, in true neo-liberal fashion)) interests are being pitted against those of other children and parents in the same communities, and against any real effort to fix all public schools.

    As for “wanting to be heard,” gee, I guess you haven’t been around for the past decade or so, as a tsunami of PR and propaganda has been hyping charter schools and denigrating traditional public schools and their teachers. As a self-described “wonk” – by the way, have you ever taught, long enough to have more than a cup of coffee, in an urban public school? – you don’t seem to spend much time reading the Washington Post, New York Times, Time Magazine or any of the other stenographers for corporate ed deform. Or is that too low brow, and beneath the pseudo-scientific pronouncements coming out of B-schools, economics departments and captive ed researchers?

    Meanwhile, charters are and remain private entities receiving public subsidies, not all of which are immediately apparent in budget statements. Many of them are managed by for-profit EMOs, and they are creating a separate-and-unequal educational system (or perhaps more accurate to say, a system even more separate-and-unequal than before). That they do this while mouthing civil rights rhetoric in the ultimate service of such as Gates, Broad, the Walton family and others, abusing the idealism of young teachers and manipulating parents in the service of their self-interested agenda, is both dishonest and despicable.

    My dictionary defines oligarch as, “a member of a small governing faction.” Perhaps I should have also added “plutocrat” in my previous post. Having used their immense fortunes, gained through monopoly (Gates), the building of white-flight suburbs and gated communities (Broad) and the denial of living wages and benefits to their workers, (Walton) to purchase and drive policy in the urban public schools – schools that they would never in a thousand years dream of sending their own children to – your feigned shock and outrage over my use of the term rings false.

    Where were these people while the urban public schools were being starved of resources for decades? Oh, that’s right, they were making their billions, hiring lobbyists to insure lower income and capital-gains taxes for themselves, hiring union-busting law firms and building their art collections. Now, smelling an opportunity for even more power, they’ve set their sights on public education, “the Big Enchilada” as Edwards and Co. described it in an investment recommendation to its clients. After that, it will be on to dismantling Social Security, no doubt.

    By the way, despite my many criticisms of the UFT, I’m proud to be a union public school teacher. The UFT, despite its many shortcomings, has a legitimacy and standing in the schools that you – who funds your wonkery, by the way? – and the malanthropists could never hope to have. The union, however imperfectly, represents the people who are in the classroom with the children of NYC every day. EVERY DAY. We don’t pass through the buildings on photo ops, or drive-by observations, cooing about how “cute” the kids are. Nor do we spend our time creating or shilling for private boutique schools funded with public money. No, we teach them EVERY DAY, in spite of the distractions, challenges and tragedies too many of them face. And I’ll make no apologies for whatever political power the union is able to muster in Albany or elsewhere.

    If I have to choose between Michael Mulgrew and Broad/Gates/Walton/Bloomberg and their ilk, that’s an easy one: I’ll go with the union every time, and I’ll be doing right by the children of NYC in more ways than you could possibly imagine.

  • KitchenSink

    Please explain one more time: Who exactly profits from charter schools?

    I don’t understand.

    Yes, there are for-profit charter operators, but they are basically a drop in the bucket compared to the NON-profit CMOs and mom-and-pops.
    And at the charter schools I know, teachers are partners at the table in decision making, the union is always available in case they want to unionize (and, in fact, they are petitioned to do so annually through mailings and FOILings out of the $125 million union fund…and except on rare occasions, they don’t).
    Check the teacher turnover stats at charter schools. If you see a consistently high turnover, then maybe you have some evidence.

    Again, this information is publicly available on the state school report cards. Why are we only hearing straw man conjecture instead of actual facts?

  • KitchenSink

    Just a reminder, Michael F., Eva Moskowitz sends her own kids to her schools.

  • KitchenSink

    OK, I’m signing off, but one more thought after reading Michael F’s last comment: I’m sorry you would side with the union every time, because they union continually, consistently stands up for mediocrity.

    Those of us in charter land think that that’s just not good enough in the 21st century.

  • Michael Fiorillo

    KS,

    As usual, your response is uninformed, or disingenuous, or both:

    – Who exactly profits from charter schools? Well, there’s Edison (Harriet Tubman Charter
    School), National Heritage Academies (Brooklyn Excelsior Charter School), Victory Schools
    (Bronx Global Learning Institute, Grand Concourse Academy, Merrick Academy, NYC
    Charter High School for Architecure and Engineering, Peninsula Prepatory Academy,
    Sisulu Walker Children’s Academy, South Bronx Charter School for the Arts).

    – As for mom-and-pop charters, they are destined to go the way of small town mom-and-
    pop retailers when Walmart comes to town. Do you really think you’ll be allowed to
    continue in the face of your corporate patrons’ business model, which will inevitably
    include scaling up (like in agriculture: “get big or get out”) and consolidation. You’ll either
    be merged with KIPP on some other chain, or they’ll find a reason to close you.

    – As for teacher turnover in charter schools, you must be joking: recent stats show that
    charter teachers are 240% (!!!) more likely than public school teachers to leave teaching
    within 5 years. Take a look at ENYP, where the entire faculty was gone over the course of
    one year

    – As for Moskowitz, she’s the exception that proves the rule (and a lot of other nasty things).

    – As for charter teachers only organizing “on rare occasions,” well of course: as at-will
    employees, they’re terrorized. Look no further than Merrick Academy, which hired
    Jackson, Lewis, the most notorious union-busting law firm in the nation, when their teachers
    organized.

    – Finally, despite your harumphing about the 21st century, you and your pals are in fact
    taking us headlong into the 19th century, with sweatshops for students and teachers, with
    low wages and no protections.

    – And please spare us your arrogant, holier-than-thou comments about our mediocrity and
    your presumed superiority: it’s totally unsupported by the facts.

  • http://www.sinksalive.blogspot.com KitchenSink

    Michael F,

    Thank you for giving us, with your bullet points, something of substance to debate rather than personal attacks and empty rhetoric.

    * On the for-profit charter issue, I’m hardly seeing any threat of a “corporate takeover.” You’ve listed 9 of the 119 approved or operating charter schools in the city. The last time I checked that was less than 8%. When Edison tried to gain a real foothold in the city and open their corporate headquarters in Harlem 10 years ago, they were pushed around and told to leave. The people spoke with their feet and Edison saw that the “market” was not welcoming them. I don’t remember, know or care who funded those arguments or if there were protests but the point is, there was plenty of awareness and opposition to this particular model. That’s advocacy and it’s how the real world actually works. Edison’s dream of having dozens of schools in New York, or whatever it was, died on the vine, out of suspicion of corporate takeover of the schools.

    Victory contracts with more schools than I realized until you posted – thanks for compiling the list – and unlike Edison is not publicly traded and perhaps therefore has a lower profile. The lack of a shareholder “bottom line” illuminates a larger point about EMOs: charter schools are independent, public schools with 501(c)3 exemptions incorporated by the state board of regents. “For-profit” charters are not actually operating for a profit; their boards are choosing to contract with a for-profit company like Edison or Victory to provide infrastructure and back office services. That’s it.

    Continually saying that “for-profit” charter schools are promoting a “corporate takeover” of public schooling is misleading.

    * Re Mom-and-pop charters: Thank you for reading the tea leaves, now can you please let me know tonight’s winning lottery combination?

    By my analysis, I see a different picture: The top 5 operators hold 31 of the 119 charters in the city. An additional 21 schools are affiliated with a larger organization that has a much smaller presence – meaning (a) they are sister schools with no more than one other school in the city and (b) they have a backing organization that founded them such as the UFT or the New York Founding, or a national charter school operator such as St. Hope or Green Dot. Take out your 9 for-profit contracts just for kicks and that leaves 57 other schools, or approximately half of the charters as unaffiliated, one-off, mom-and-pop schools.

    I’m sure many of the mom and pops aspire to become networks. That is how KIPP, Uncommon Schools, Icahn and Achievement First grew – initial success led to the demand for more schools by both parents, board leaders and probably the DOE, recognizing a good thing. So out of those 57, you can bet that some will grow and try to take a greater “market share.”

    At every step of the way, parents will be there to decide whether or not a school should remain open. Parents will get to choose whether they want to send their child to a school where teachers will be free to care for their concerns, or stuck in an allegedly dismal environment that restricts and scripts their actions.

    * I’m talking anecdotally about charter teacher turnover. My family of mom and pop charters values teachers and sees them as irreplaceable. I hope that’s true of all 57 on my list and a good deal of the others as well. I too have heard horror stories such as ENYP, but by far most of the charter administrators I know are on the same page with me about abhorring teacher turnover – aside, of course, from the removal of those few who are unfit to be in front of children all day or the “good attrition” associated with a teacher who has a different educational philosophy than the school and decides to move on. If a school is hiring well, that should be a start-up issue in the first few years and then gradually fade away as it gets its legs. So on this issue, Michael F., I’d love to partner with you to research and publicize more data. Unfortunately I have not gone through every charter’s NYS report card to find the turnover information and compile it. I’m confident that the 240% figure is an exaggeration.

    * As for Moskowitz, how does an exception prove a rule in this case? The charter leaders I know are working to build schools where they would be proud to send their own kids.

    * I’d like to say that at my school, if teachers started organizing with the UFT, I’d like to get to the root of the issue and find out if there was something that they thought they weren’t getting that the union would provide. But thanks for the tip – if I ever find myself in a confrontation with the $125mm UFT machine, I’ll be sure to look up Jackson, Lewis to defend our school!

    * Again, please don’t characterize all charter schools with a broad brush based on your impression or media reports. A good organization has protections for its workers built in to personnel policies, such as a documented progressive discipline protocol, and doesn’t need a union contract to have it or enforce it. At many charters (look at TEP charter school), teachers earn more than they would in the UFT.

    Our kids are learning about sweatshops – in their history classes. I’m not exactly sure what you mean by sweatshops in relation to charter schools, other than to be inflammatory. Try Icy-Hot for that one.

    * Mediocrity? It’s written on the walls, Michael. Why on earth would a teacher stand up at a meeting and say, “It’s okay for 75% of Americans not to have a college degree, so why should our Jamaica High students aspire to that?” I left the DOE a long time ago partly to get away from the abusive administrators you loathe, but partly to get away from the colleagues who treated kids like dirt (while preserving relationships with the scores of hard-working, intelligent and committed teachers I know). Time and again, I watched the UFT defend the dirt-treaters. I saw one thing: dollar signs in their pay check in the form of dues to the UFT. Not kids. There’s nothing better than an Albert Shanker quote – believe it or not he has been an inspiration in my life – but in this case he summed up my problem with the teachers union: to paraphrase, “When a kid starts paying dues, then I’ll represent him.”

  • Tell the Truth

    RBE,

    The entire UFT operating budget is siphoned from public dollars because of mandatory participation. Yes, teachers can refuse to sign the card, but the money will still be deducted from their paychecks. How’s that for democracy?

    If teachers and paras actually had the choice to join the union, instead of being extorted dues out of every paycheck whether they agree with UFT policy, strategy and activities or not, then these monies could be considered legitimate private dollars. They’re not, they are public monies that the City tithed in perpetuity to the UFT after the strike in ’60.

    The UFT has the biggest “no-bid” contract in NYC education. Year after year, the Democratic politicians carry water for the UFT and their relentless pursuit for power, access and a bigger slice of the budget pie. While New Yorkers and americans of all stripes are losing hours, having their benefits slashed and getting laid off in huge numbers, the UFT has the gall to demand two 4% raises. Of course teachers deserve more money, as do the administrators, school aides, custodians, kitchen cooks and nurses, but it just isn’t there. The teachers current contract is just fine and until the city recovers financially, not one municipal union should get a raise. They’ll get it in retro eventually, as we all know.

    There is no transparency in the union negotiation process. The UFT’s offensive spin of “we don’t negotiate in public” leads to closed door, dealmaking sessions that doesn’t serve kids and it doesn’t serve the public good. We all know that if Bloomberg would have given the UFT a new contract, they would have rolled over on all of the recent DOE school closures, just as they have for the past 8 years.

    The biggest private vendor in NYC education is the UFT. They are not accountable to the public, yet they have a guaranteed percentage of the billions spent to pay our teachers and pedagogical staff her in the city. They are not a democratic union and Unity steamrolls their slates every year to shut out oppositional voices. The few poor souls who organize outside of Unity with any success get co-opted (new action) or are made completely irrelevant (ice/tjc). Just go to a DA and see who is called to speak, who is recognized and who gets their motions to the floor.

    Are there private interests in charters? Of course. But its no more than the private monies the DOE has been pushing forever. Anyone remember what Caroline Kennedy did before she was supposedly our next Senator? Oh yea, she was a fundraiser for private capital for the DOE. Next.

    The calls for charter school transparency? Sure, great, okay. They’ve got 99 schools. How about they do that right after the UFT does? For almost 50 years, they have been co-managers of the city schools along with the Board of Ed and they deserve the same amount of praise or blame as you give Klein and his predecessors.

    tell the truth

    —TTT, how do you consider the union dues teachers pay “public dollars”? The money is from the salary teachers make. Sure, it originates from taxpayers, but even you would admit that teachers are actually working for this money, yes?

    Now charters run by for-profit corporations do actually receive “public dollars” directly from taxpayers, but resist outside independent auditing of their “businesses”. Open up the books and maybe people wouldn’t think that Mistress Eva and the other charter operators were using taxpayer dollars to charter buses to Albany to lobby for public school privatization.

  • M. Corbett

    What is so interesting is that we have a bunch of people telling us that we are being manipulated. That we as parents could not possibly research and make the best choices for our kids. 

    The real problem is you have a bunch of people who insist on perpetuating lies and mistruths and refuse to actually do anything. It’s not hard to find out where the funding came from for the buses. Instead, you have a mob of posters perpetuates lies. It’s false to say that teachers and parents have no say in the schools. While that may be true in some cases, it’s a lie to say it’s true in all cases. And really the answer is oversight. Not a blanket hatred. Saying all teachers are unhappy it also true. I have spoken to hundreds of NYC charter school teachers, and I have not heard anything like the crap people keep spreading. 

    We have all been around the school system to know it’s a lot of bureaucracy and b.s., and it’s all about money and power. And guess what? Parents and guardians are sick of it. It’s about OUR KIDS. We want solutions. They want an education for their children. And they want it now. They have waited long enough for the schools to be fixed and to STOP FAILING CHILDREN. And since it’s not working, people have taken matters into their own hands.

    I say more power to those who are the change they want to see in the world. If only we had more people who decided they were sick of mediocrity and failing children and wanted to DO something about it, maybe we would actually have effective schools.

  • M. Corbett

    Also, this is about the kids. Not about the teachers. Or the unions. Or the politicians. Or the parents. The children. Numbers speak volumes. If only people would spend as much time educating themselves as they do spreading misinformation and half-truths, then maybe we could actually put energy into providing a superior education for NYC children. 

    “A recent study showed that students in New York City’s charter schools — who are selected randomly, by lottery, and are 90% African American and Latino — have closed 86% of the gap in test results between the poorest neighborhoods of the city and ritzy suburbs like Scarsdale, which is known for its excellent schools.”

    “There are national implications to this fight. As Shanker pointed out, American schools have been slipping for decades — our students are now 32nd internationally in math scores, 10th in science, 12th in reading. It will be impossible to rebuild our economy — to create the sophisticated, high-paying jobs we need — as long as we have an archaic, industrial-age school system. It’s also hard to keep a strong democracy with a citizenry that is increasingly uneducated and ill informed.”

    http://www.time.com/time/politics/article/0,8599,1957277,00.html#ixzz0e3Q4sXcl

    “Studies have found New York City students at charter outperform students at conventional public schools and have credited charter schools with narrowing the achievement gap between races within the city and between the city and the suburbs.”

    http://www.gothamgazette.com/blogs/wonkster/2010/01/17/the-battle-over-the-charter-school-cap/

  • Michael Fiorillo

    KS,

    First you say that there are no profit-making entities among charters. Then, when proven wrong, you say the numbers are low. Add to the list all the “non-profit” charters where administrative compensation is off the charts. Moskowitz earns appreciably more than the Chancellor; that’s the equivalent of profiteering in my book.

    “Corporate takeover” is precisely the right word. Isn’t that just another name for the “business model of education?” What should we call it when a privately-managed corporation inserts itself and occupies ever-increasing amounts of public space?

    Your snide comment concerning my predictions about the future of mom-and-pop charters shows neither wit nor an understanding of how late-stage capitalism or Wall Street – the people behind the curtain of charter schools – functions. Do you really think that their drive to force every school to “compete” is going to leave your boutique schools alone, and that you won’t be compelled to face the economies of scale that the emerging chains provide? Don’t fool yourself: after they’ve gotten us, they’ll come for you, and you can either merge or be disappeared.

    As for your statement about charter chains (no, they’re not networks, we’re talking business here, remember?) and “market share”, you seem to be agreeing with me: grow, or die.

    “At every step of the way, parents will be there to decide whether or not a school should stay open.” Preposterous, and transparently false. Do parents have a majority on the Board? Then they have no power. These schools are literal, legal corporate entities, and parents without a Board presence have no legal standing.

    Your “confidence” that charter teacher turnover is exaggerated is weak tea, indeed, and overlooks the reality that high turnover is an unoffical policy of ed deform. While you wax rhapsodic about the importance of teachers, the actual practice is to de-professionalize teaching and turn it into temporary, fungible, at-will labor. Michelle Rhee has openly stated that teaching should not be a career. And, of course, for her it wasn’t, nor has it been for the overwhelming majority of ed deformers. In fact, most of them have never taught at all.

    I suppose you think you should be congratulated for your “documented progressive discipline protocol.” Did an HR consultant help you come up with the language, because it’s corporate-speak for at-will employment. What actual legal protections do non-unionized charter teachers, working without a contract, have against arbitrary termination? That’s right: none. As for the purported “higher wages” they earn, I’d ask: how many hours do they work, and what kind of benefits do they have? Is there a defined-benefit pension plan, or just the 401Ks that Bloomberg and Klein are so eager to impose on UFT members? And your flippant comment about using an absolutely vicious firm like Jackson, Lewis reveals your true attitude toward teachers and the rights of working people: it’s not a pretty picture.

    As for sweatshops: any school that runs from 8:00 AM to 5:00, with classes on Saturdays (and of course insisting that parents sign contracts, lest their children be discharged) clearly has no understanding of or concern for child development. But, then again, that’s the point: socializing these young people to a life of overwork, tedium and conformity, exactly the lives that adults, if they’re fortunate enough to have jobs, are bering coerced into accepting. Then, of course, the teachers must stay even later to listen to the Principal’s unlimited pedagogical wisdom. No, that’s a sweatshop masquerading as a school.

    As for mediocrity, and my painting with a broad brush, well isn’t that the pot calling the kettle black? Your posts do little but smear public school teachers, while conveniently avoiding the historical factors that have placed the public schools in crisis. But you and your peers would do that: you’re wittingly or unwittingly helping to enlarge the crisis.

  • http://www.sinksalive.blogspot.com KitchenSink

    Thanks for mischaracterizing some of my statements, continuing to make assumptions about working conditions at charter schools, and feeding the Wall Street conspiracy theory mill. There’s a thriving grassroots charter community, and even the “chains” are starting to take pedagogy more seriously.

    Since you asked, our HR language came not from a union busting consultant (union busting is illegal, you know) but from our internal HR person, who spent 20 years in first public administration and then the mental health non-profit sector before joining the charter movement.

    I’ve got two words for our educational crisis and it’s probably not where you believe the blame lies: low expectations. And I would never single out teachers as to blame; the ones that “can’t” are just part of the problem. Bad principals are more accountable than bad teachers in my cosmos.

    As for late stage capitalism, it sounds like something out of Terminator 5: Revenge of Broad. I’m not buying.

  • http://www.sinksalive.blogspot.com KitchenSink

    By the way Hauser called. The mutants are acting up in the turbidium mines again and it looks like Cohaagen might be cutting off the air supply. We really ought to find a way to keep Kuato safe just in case.

  • M. Corbett

    I’d prefer my child to have a longer, more relaxed school day than rush to get everything done with barely enough time to eat lunch or have recess. Now they have time for foreign languages, ethics, art, gym and music several times a week. In PS, there was not enough time for any of that. 

    8-4 has been far more appropriate for my child than 8:15-2:15, and I know I am not the only parent who feels this way. 

    And the truth is that the parents of charter schools work and send their kids to after school anyway. Which is usually a bunch of teenagers babysitting the kids. I’d rather my kid be with his teachers any day and spend less time in after school.

    But of course, those of you who don’t face the same issues that the rest of us do don’t consider these implications. 

  • Michael Fiorillo

    You claim I mischaracterize you, but then neglect to give any evidence. In the (unionized, highly functional, public) school where I work, we teach students to always provide facts and evidence to support their opinions. Its a shame, but not surprising, that you can’t or won’t.

    As for mischaracterizations, I never said “union-busting” HR consultant; that’s you putting words in my mouth.

    I’m glad to read that “even the ‘chains’ are starting (!!!!!) to take pedagogy seriously.” That’s mighty nice of them, since they do run schools. If they are just “starting,” then what have they been doing all these years? Oh yes, that’s right, they’ve been establishing a media and PR juggernaut that is really about institutional control – and real estate grabsl – and not teaching. Thank you for your unintentional burst of honesty on that one.

    Your continued reliance on the rhetoric of “low expectations” demonstrates the ahistoricism that is typical charter promoters. It’s also a Bush-era buzz phrase that’s getting a little tired; I suggest you do a better job of keeping up with the evolving phraseology of ed deform. Advancement in this field is highly dependent on staying current with the evolving Newspeak.

    Urban public schools have had to deal with the realities of decades of under-investment and neglect. Where were your corporate angels when 15,000 NYC teachers were laid off in the 1970′s, when music and the arts were virtually eliminated, and guidance cut back to almost nothing? Right, they were enriching themselves (creating monopolies, building white-flight suburbs and gated communities, and denying their employes living wages and benefits) and having their lobbyists successfully getting their income and capital-gains taxes cut. With the money redirected from the public sphere, they then buy themselves the mantle of saviors of urban education and minority youth. It’s all a self-interested and self-aggrandizing lie.

    As for your inability to recognize the business practices that have characterized the past thirty years in the US, and which is a major underpinning of ed deform efforts, my guess is that is a willful necessity for you: gotta get on that corporate gravy train. And I’m not asking you to “buy” anything with my analysis; I’m asking you to think. But then again, my feeling is you’re not “buying” because you and your teammates have already been bought, and sold.

  • http://www.the-bestsellers.com/ Weerapat

    What is so interesting is that we have a bunch of people telling us that we are being manipulated. That we as parents could not possibly research and make the best choices for our kids.

    Regards,

  • Leo Casey

    Kitchensink writes:
    There’s nothing better than an Albert Shanker quote – believe it or not he has been an inspiration in my life – but in this case he summed up my problem with the teachers union: to paraphrase, “When a kid starts paying dues, then I’ll represent him.”

    Like much else that our friend from charter school management, this is fiction, an urban legend. You will not find it in a single publication of Shanker or a single news story which quotes him. Rather, if you google it, you will find it repeated on a series of far right wing site, as if it were fact.

  • http://www.sinksalive.blogspot.com KitchenSink

    Mr. Casey,

    Seems the UFT and AFT ought to put some of their dues treasure chest into debunking this alleged urban legend, because I found in a quick web search a rash of (ostensibly nonpartisan) local papers around the country repeating the Shanker quote, along with the following decidedly centrist information sites treating it as authentic:

    http://thinkexist.com/quotes/albert_shanker/

    http://www.answers.com/topic/albert-shanker

    Certainly lots of far right wing sites repeat it as well, it’s a juicy one for the anti-big-government set. I’d be glad to stop repeating it.

  • http://www.sinksalive.blogspot.com KitchenSink

    Michael F,

    I never said that “there are no profit-making entities among charters.” That’s your first mischaracterization. I asked, “Who is making money off of charters?” I went on to discuss that there are, on the periphery of the NYC charter movement, some companies that contract for services with charters that, by the way, may or may not turn even a marginal profit. By the way, is this any different from the DOE purchasing a contract with a for-profit entity to provide, say, Smart boards, or professional development? Or is that process also the beginning of a massive corporate takeover?

    Second: In my “statement about charter chains,” I am not “agreeing with you.” I stated that some of the mom and pops aspire to be bigger. That’s not any different than a teacher who has mastered the craft aspiring to become an AP, and on to a principal, and a district administrator. When you are successful, you want to take on a bigger task.

    Third: my comment about parents was not about their role in governance. Rather, it was about their voting with their feet. If parents don’t demand a charter school, the school cannot stay open since there is no “zoned” enrollment.

    Fourth: you’re trying to fit my experience, from which I was speaking, into your blanket perception of the role of teachers in the charter movement. Get out of my brain and my memory bank, you’re reading it very, very wrong!

    Fifth: in your recent email, you left out a crucial word about the chains and pedagogy. I said they are starting to take it MORE seriously. Because of the COLOSSAL failure of district public schools in poor neighborhoods to provide a safe environment or one in which students are expected to learn and learn well, the very first priority for any charter school is to establish a unique, mission-driven and powerful school culture designed to promote learning and ensure safety. Only then can you deal with pedagogy. The more successful charters have been test prep machines, no doubt, and that’s a big problem. But with lots of institutional best practices in place about school culture, the attention has turned to IMPROVING pedagogy since the critical hump of school culture has been conquered.

    Finally, I take offense to your putting words in my mouth – but I guess we’re even now because I retract my quotations around “union-busting” Jackson, Lewis – because my perception of low expectations in district public schools predates Bush and predates the NYC charter school movement. When I started teaching in a poor NYC neighborhood, I was told by one of the veteran teachers, “The way you talk, you should go teach in the suburbs. The kids can actually learn there.” Another told me, “I’m just cutting my teeth here so I can have some experience to put on a resume and get a job in New Jersey or Westchester. I can’t wait to get out of here because of these damn kids.”

    Are all teachers like that? Absolutely not. Are there good district public schools? Absolutely yes. I went to three good district public schools growing up (and one bad one, but only for one year before my parents exercised choice to put me in a gifted program in a public school – choice they had access to because of their upper middle class standing after years of living as “poor immigrants” – a choice that too many families in our poor communities still don’t have…talk to TAG program coordinators and they’ll tell you that many of the district public school principals dont’ even distribute the gifted ed tests to families or even alert eligible families because they’re afraid of the very legal and very real creaming that will drive down their test scores). My mentors were warriors who believed in children and paid their dues in the trenches, sticking with it through abusive principals and massive neglect by the school district and holding children to high standards all along. But they, unfortunately, were in the minority.

    You can’t take those experiences and those people away from me and paint me with your ideological brush because they are part of the alchemy that drives me every day to give the families at our school the opportunities they deserve, and to stand up for the possibilities that the charter movement offers: not to tear down a flagging system, but to prop it up and inject it with new life and new ideas. That’s the charter movement at its best. Take off your crap-colored glasses and sort the wheat from the chaff. If there are charters systematically plotting to take down the public school system, they’ll have their reckoning.

  • Leo Casey

    And so the way to demonstrate that the Shanker quote is not an urban legend, you produce web pages which repeat the quote without any citation of a Shanker publication or news article quoting Shanker?

    I hope that the teachers in your school have a better understanding of how to use the Internet for research, because somebody needs to know what and how to teach the students, and the principal clearly doesn’t.

  • http://www.sinksalive.blogspot.com KitchenSink

    I thought my comment validated your point. Read the last sentence again before you draw your conclusions about Internet research. My point, agreeing with you, was that the general public doesn’t have a lot to go on when the modern version of Bartlett’s Familiar Quotations lists those words as Shanker’s. Your union would be doing a service by directing some of the considerable sums at your disposal to remedying this misconception.

  • http://www.sinksalive.blogspot.com KitchenSink

    Michael F.,

    I’m retracting my retraction of my quotation marks for “union-busting” Jackson, Lewis. Those were initially YOUR words after all – see your comment above on Feb. 2nd, 10:28 pm.

    I think that was Groundhog Day…or are you going to try to mischaracterize that as well?

  • Michael Fiorillo

    KS,

    I think it’s pretty clear this thread has run its course, but the fact remains that you flippantly stated that you’d be sure to look up Jackson, Lewis in the event the teachers at your school tried to organize. That says everything people need to know about you, since they are nationally known as the most anti-labor law firm in the country.

    There are labor law firms that represent labor. There are labor law firms that represent management. And then there are labor law firms, like Jackson, Lewis, that specialize in denying people their democratic rights, using the most vicious and under-handed tactics imaginable.
    I think it’s also revealing that you equate “defending” your school with hiring a firm like this. And by the way, who’d be paying for their services? The public, or one of your “investors?”

    I’d like to thank you for amply demonstrating how, behind all the fatuous talk about “the children,” when push comes to shove you folks are about nothing more than expanding your grip on schools. The more you open your mouth, the more you reveal who you really are, and what your agenda really is.

    Thanks again, and see you next time.

  • http://www.sinksalive.blogspot.com KitchenSink

    I really don’t know anything other than what you’ve written here about Jackson, Lewis, but I’m not pleased that our argument which originated in facts has wound down to this kind of accusation.

    I’m not interested in denying anyone their rights, and if our teachers want to unionize I would never stand in their way – but since the UFT specializes in creating on oppositional us-vs.-them workplace, further justifying their need for dues by casting administrators as the evildoers and teachers as the victims in need of defense, I’d look for the best representation possible to make sure that everyone involved knows their rights but also knows their facts. I’d certainly look up Jackson, Lewis, and use whatever funds are at my disposal as an administrator with our board’s permission. If there is truly something amiss about this firm, then we wouldn’t hire them. But I’m not taking your word for it; if I listened to you I would move to Canada because I’m not hearing anything about a corporate takeover of the government up there but it’s all gloom and doom down here.

  • Michael Fiorillo

    KS,

    What accusations? I simply pointed out what you said, and its ramifications.

    You seem to equate the democratic right of teachers to organize – guaranteed under state and federal law, by the way – with the need to “defend” your school. Did it ever occur to you that the rights of teachers can occasionally coincide with those of students? No, I didn’t think so.

    Although your boutique schools are able to cap enrollment and class size due to the indulgence of the Mayor, Chancellor and your corporate patrons, real public schools are not so fortunate. If not for the clause in the UFT contract that limits class size (to still-unacceptably high levels) Klein would put 50 students in a class and point to the resulting dysfunction as another reason to open more charters. Where’s your outrage over that? Wouldn’t even weaker teachers be in a position to improve if a legitimate effort was made to lower class size?

    I work in a highly successful, unionized public school where the administration and staff work cooperatively, a far cry from the caricature that forms the basis of your screeds against teachers and the union. I work under a contract that gives my representatives the legal standing to be involved in decision-making, unlike non-union charters where these things, if they exist at all, are at the whim of management and the Board. They can change or eliminate them with the stroke of a pen. Those are not rights, they privileges that can be withdrawn at a moment’s notice without redress. And that’s a big part of what the charter movement is about: re-casting labor relations in the schools, taking away whatever workplace and professional power teachers have won over the years, and placing them in the hands of private entities (closely associated with finance capital, as it happens) that are subject to regulations that are only enforced for political or PR purposes.

  • Leo Casey

    New York Times on Jackson, Lewis:

    December 14, 2004
    How Do You Drive Out a Union? South Carolina Factory Provides a Textbook Case
    By STEVEN GREENHOUSE

    SUMTER, S.C. – Tom Brown, the leader of an anti-union campaign at the EnerSys battery factory here, made some surprising admissions in recent testimony about how his campaign had been run and financed.

    Mr. Brown, a longtime maintenance man, acknowledged that a mysterious consultant known as Mr. X had advised him on how to oust the union and had helped him write fliers that called the union’s leaders names like “trailer trash,” “Uncle Tom” and “dog woman.” Not only that, Mr. Brown testified that envelopes filled with cash had often been sent to his home. He said he had no idea who had sent them. “I don’t look a gift horse in the mouth,” he said.

    Across the South companies have long used bare-knuckled tactics to fight unions. But now a surprisingly detailed roadmap to such tactics has emerged from an unusual court battle between EnerSys and its law firm over whose wrongdoing – the company’s or its lawyers’ – led to a $7.75 million settlement that EnerSys entered into after federal officials accused it of 120 labor law violations in its seven-year effort to eliminate the union.

    The company has accused the firm, Jackson Lewis, of malpractice and of advising it to engage in illegal behavior. The law firm says that EnerSys ignored its sound advice and that the company is trying to avoid paying its legal bill.

    The wrangling has cast a spotlight on how the company fired and harassed the union’s top officials and aided Mr. Brown, the anti-union leader, although federal law prohibits companies from financing or otherwise assisting efforts to get rid of a union.

    The litigation also highlights a little known but thriving business in which law firms and consultants work with corporations to beat back unionization efforts. Jackson Lewis, a national law firm based in New York, describes itself as “committed to the practice of preventive labor relations.”

    “Union membership is declining because employers will stop at nothing to prevent employees from having a union,” said David Bonior, the former Michigan Congressman who is now president of American Rights at Work, an advocacy group fighting violations of workers’ rights. “Unfortunately, 75 percent of employers use union-busting consultants to fight unionization drives.”

    Labor experts call the EnerSys case unusual, with federal labor officials accusing the company of firing the top seven union leaders, spying on workers, refusing to bargain and ultimately closing the 500-worker plant to retaliate against the union. Its $7.75 million settlement is evidence of how far the company strayed from the law. But labor experts also say the case opens a window onto some common tactics.

    “Jackson Lewis is a key player in the union avoidance industry,” said Fred Feinstein, former general counsel at the National Labor Relations Board. “This kind of aggressive anti-union campaign is not unusual.”

    Jackson Lewis says it did nothing wrong.

    “Jackson Lewis zealously represents its clients,” Kevin A. Hall, a lawyer representing the firm, said. “In doing so, the firm always honors the letter and the spirit of the law. Jackson Lewis was neither involved in the initial campaign by the union to organize the employees nor involved in any effort to assist the employees to oust the union.” EnerSys refused to comment.

    This tale began a decade ago when the International Union of Electrical Workers began rounding up support at the factory, which produced giant batteries to power forklifts and provide backup power to cellphone towers.

    The union petitioned for a unionization election when many workers voiced dismay about meager pensions, bullying supervisors, production speedups and safety problems, especially with the high temperatures and lead used in production.

    The company, then called Yuasa, hired Jackson Lewis to help mount a last-minute anti-union campaign. The company required employees to listen to speakers saying the union did not want to help workers, but only wanted their dues money. Management posted pictures of tombstones and skulls and crossbones in the cafeteria to warn employees that unionized factories often closed.

    But on Feb. 23, 1995, the workers voted 191 to 185 to unionize. Management was livid.

    “They said that if the union came in the company was doomed,” Paulette Jackson, a union steward and quality control worker, said. “They fought tooth and nail. They didn’t want a union in the South. Period.”

    The company fired Ms. Jackson, accusing her of failing to detect some faulty batteries, but her supervisor later told the National Labor Relations Board that the charges were trumped up.

    The company’s tactics led to many tangles with the labor board, which ultimately filed a sweeping complaint against EnerSys, accusing it of 120 violations of federal law, among them wrongly firing Ms. Jackson and other union leaders, assisting the anti-union campaign, improperly withdrawing union recognition and moving production to nonunion plants as retaliation.

    As a result of all the litigation – including the battle between the company and its lawyers – detail after detail of what had happened emerged. In a deposition, Darryl Davids, the factory’s director of human resources, testified that John Craig, the company’s president, had once said: “We need to do whatever we’ve got to do to get rid of this union, regardless of what it may cost us.”

    After the unionization vote, management refused to negotiate a contract, challenging the union’s victory. After a two-year legal battle, a federal appeals court ruled that the union’s victory was valid and ordered the company to bargain. During those two years, the company refused to grant raises.

    Once negotiations began, the company said it faced such hard times, even though the economy was booming, that it would lay off workers unless the union accepted a 10 percent pay cut. Management indicated that a new “gainsharing” plan would offset those cuts by providing bonuses for increased productivity.

    Pressured by union leaders from Washington, union officials and workers in Sumter reluctantly approved management’s proposals, they say.

    But then the company stunned the workers, cutting most salaries by 16 percent, not 10 percent. Workers complained that the gainsharing bonuses were minuscule, even though productivity had increased.

    “They gave us a bum deal on that gainsharing,” said David Bunker, a machine operator whose pay fell to $11.07 an hour from $13.26. “The union was trusting the company to do what is right. That didn’t work.”

    The union protested the tiny bonuses, and the dispute went before an arbitrator. After two more years came a final ruling that EnerSys had improperly manipulated the system to give paltry bonuses.

    The arbitration’s star witness was a former human resources director, Choice Phillips. Mr. Phillips said the factory’s budget had provided no money for bonuses, indicating that management had never intended to offset the pay cuts.

    Mr. Phillips also testified that the plant manager, Doyle Thresher, used to leave cash on a table in his office for Mr. Brown, to help finance the anti-union campaign. The plant manager, Mr. Phillips testified, said the cash was “trash” that Mr. Brown was to pick up.

    EnerSys said in legal hearings that Mr. Phillips had been fired for sexual harassment, an allegation he denies. The company won a defamation suit against him, but in November, a federal judge vacated that judgment, concluding that EnerSys had lied when it denied that it had helped the anti-union campaign. Mr. Phillips said he had been dismissed for refusing to participate in the company’s illegal conduct.

    “They did everything they could to make the union look bad,” Larry Brown, a union vice president, said.

    Many workers became angry with the union over the pay cuts, especially because they received no raises from 1995 to 2001.

    The anger fueled the effort to oust the union. Tom Brown organized anti-union meetings, sent mailings to the plant’s 500 workers and asked them to sign cards saying they wanted the union out.

    Mr. Brown testified that Mr. X, the company consultant, had given him advice. EnerSys officials later admitted that they had paid the consultant $39,000 to help guide the anti-union campaign. Mr. Brown also acknowledged that company officials had given him stamps for anti-union mailings.

    The company also went after union officials directly. In June 2001, EnerSys fired Vincent Gailliard, the union’s president, during an arbitration hearing over the bonuses, accusing him of lying. EnerSys announced that same day that it was withdrawing recognition from the union, asserting that a majority of workers had signed cards saying they no longer wanted a union.

    “They figured if they got rid of the leaders, the rest of us would buckle under,” Cathy Moody, another fired union official, said.

    The labor board accused EnerSys of fabricating its allegations against Mr. Gailliard, asserting that it fired him to cripple the union and cow workers.

    Facing a downturn in orders, EnerSys began several rounds of layoffs in 2001, often giving no advance notice to the union. On Sept. 10, 2001, EnerSys announced it was closing the factory, again giving no notice.

    Federal law generally requires that factories give unions notice before large-scale layoffs and plant closings.

    Union officials said EnerSys’s tactics were an egregious version of what many corporations do. According to N.L.R.B. statistics, companies illegally retaliate against 20,000 workers a year for supporting a union. And according to a study by Kate Bronfenbrenner of Cornell University, half the companies that face unionization campaigns threaten to close their plants and one fourth fire at least one union supporter to derail the campaigns.

    Faced with the sweeping complaint by the N.L.R.B., EnerSys agreed to pay $7.75 million to settle the board’s charges and the union’s lawsuits over the failure to pay bonuses or give notice of the layoffs.

    After the settlement, EnerSys sued Jackson Lewis, accusing it of malpractice, including misleading federal investigators, giving illegal assistance to Mr. Brown and engineering “a relentless and unlawful campaign to oust the union.”

    “The company gave carte blanche to the law firm – the law firm was pretty much running the plant,” Mr. Gailliard said. “It came back and slapped them in the face, and now they want someone to blame.”

    EnerSys said that Jackson Lewis had engaged in malpractice by recommending that the company withdraw union recognition when the firm must have known about the illegal anti-union aid. Federal law bars the withdrawal of union recognition when companies have financed a decertification effort. EnerSys also accused Jackson Lewis of wrongly advising it not to give the union notice of the layoffs and plant closing.

    Jackson Lewis has mounted a vigorous defense. It has accused EnerSys of obstructing justice and paying “hush money” to Mr. Brown by placing him in a job with a company that services the shuttered battery factory and by paying his salary there. EnerSys insists that the arrangement was not intended to buy silence.

    Jackson Lewis says it consistently gave sound advice.

    Mr. Hall, the lawyer representing the firm, said, “Sometimes when clients ignore their attorneys’ advice and end up with disappointing results, especially where legal fees are still outstanding, they deny responsibility for their own conduct and sue their lawyers for malpractice, hoping that the case will settle with a forgiveness of the legal fees.” Jackson Lewis says EnerSys owes it more than $270,000.

    Frank Macerato, general counsel for EnerSys, which is based in Reading, Pa., declined comment, saying the company would not discuss matters in litigation.

    Today the factory lies quiet, and many workers remain unemployed. Jackie Clemmons, one of the earliest union supporters, said the firings, the lack of raises and the plant closing had all sent a powerful message.

    “After all this, I don’t think you could pay the people here to join a union, to mess with a union,” Mr. Clemmons said. “And I don’t believe the union would want to deal with us anymore down here.”

  • http://www.sinksalive.blogspot.com KitchenSink

    Thank you Leo for posting this article. I look forward to reading it. Call my naive, but I learned a lot in reading about this study on Edwize:

    http://www.edwize.org/study-shows-employers-anti-union-behavior-intensifying#more-4472

    It is unjust for employers to try to prevent workers from unionizing if the workers choose to do so. Let me repeat: I’m not against unions organizing teachers or anyone else. I am against the oppositional atmosphere that has allowed the UFT to thrive and that the UFT now encourages.

    I’m not giving you caricatures, Michael F. I’m giving you real world experiences in schools with high percentages of poor students. I have no doubt that in neighborhoods where schools have been successful in our city, there is a wonderful collaboration going on and the UFT doesn’t stand in the way. Fine. Harmonious relations between management and labor go hand in hand with success.

    When the school is bad, lots of things need to change. The principal might be one of them. Some of the teachers might be another. The school culture is usually a major, and difficult, one as well. The UFT seems steadfast in opposing any change to those last two pieces.

  • http://www.sinksalive.blogspot.com KitchenSink

    That NY Times article makes it sound like the electrical workers’ union is the only party that didn’t do anything wrong there.

    I found a follow up to this article on Alternet: “The lawsuit was ultimately settled or withdrawn on undisclosed terms with no court finding of wrongdoing against Jackson Lewis.” The fact of no wrongdoing by JL sounds specious at best.

    After reading this, I’d be more than hesitant to hire JL. Sounds sleazy indeed.

    Nationally (and admittedly I don’t know much about unions other than what I learned in school and as a UFT member and my family’s history supporting them vigorously abroad), unions and workers need protections because the balance of power is generally strongly in management’s favor. In New York City, of course those laws still apply, but the UFT has as much or more clout than just about any interest group you’ll find.

    The UFT isn’t a group of blue-collar country folk looking to protect their rights. We’re talking about suits with expensive lawyers deciding just which government elections they will decide and which they’ll stay out of. It’s just not the same balance of power. It’s one thing to oppose unfair and abusive labor practices. It’s quite another to block progress and protest sensible expectations (like, say, writing out goals for students) on inane grounds. I don’t deny that sometimes teachers’ needs and students’ needs coincide – in fact that’s true almost all of the time. But all of the above means that to many educators who do care more about kids than adults in schools, the UFT’s reputation lies in the swampy ground of the self-serving and manipulative.

  • Michael Fiorillo

    KS,

    Your reasoning is faulty. If teacher’s and student’s interests coincide “almost all the time,” then how can it simultaneously be true that the Union’s “reputation lies in the swampy ground of the self-serving and the manipulative.” Unless of course that “bad reputation” might have something to do with the unending 30-year corporate media and PR campaign against it and the public schools.

    The UFT has many, many shortcomings, but it is still the only institutional guarantor of teacher’s (and, for the most part, students) interests.

    Actually, your final phrase sounds much more like a description of the rhetoric used by charter supporters in Albany this week, as described by a charter school teacher on the Edwize blog.

    I’d suggest your check yourself for fleas.

  • http://www.sinksalive.blogspot.com KitchenSink

    You’re assuming that teachers’ real interests coincide with the UFT’s interests most of the time. I haven’t found that to be true.

    In my experience, many charter school teachers have run screaming from the UFT, which they as a polarizing, interfering force rather than a helpful representative.

    I know too many teachers who have had issues the UFT didn’t want to deal with for political reasons to think that the UFT is above using its own members as political pawns.

    Face it: Largely through its own success, the UFT has morphed from a needed organization providing a revolutionary public service to a mammoth special interest PAC fighting to maintain and grow its political influence by any means necessary.

  • http://www.classsizematters.org leonie haimson

    KS: when will you get off your high horse? It is ridiculous for you to blame most of the ills of the system on either the UFT or the CSBs (the latter groups lost any power years ago.) In this, you are parroting the stale line of the mayor and his allies in the business establishment in their grab for complete control. In fact, the private interests that actually dominate our system are those of the billionaire boy’s club of Gates, Broad and Walton, who have bought off most of the think tanks in DC and now have placed their agents in the uppermost reaches of the Obama administration. None of these men sent their children to public schools; and their lack of understanding of what makes a school work is profound. Their fundamentalist faith in competition and the unfettered free-market (which almost brought down our economy) is now ascendant, and is completely antithetical to the real interests of the vast majority of children (and parents) in the system.

  • http://www.sinksalive.blogspot.com KitchenSink

    The behavior of many CSB members was reprehensible. It isn’t just them and the UFT, it was a colossal failure of leadership in the form of chancellors who didn’t have enough time to institute real reform and a legion of principals not focused on what matters for student achievement (namely, strong school culture including high expectations, consistent curriculum, high quality pedagogy/assessment and strong family involvement) because of either (a) their own incompetence or (b) the interference of middle management and the district level.

    By the way, nobody “places” themselves in the upper reaches of the Obama administration. Obama does the placing. And with his revolutionary grassroots fundraising, he is not as beholden to Daddy Warbucks as other politicians.

    If you’re worried about Gates and Broad, etc., corporatizing our schools then you have to ask how a school like this one gets caught up in the charter movement: http://www.nytimes.com/2010/02/07/education/07foster.html?ref=education. Is this school, and the many others like around the city and the country, just a blip in the charter movement for your corporate raiders? Seems antithetical to their ‘conspiracy’ if you ask me.

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