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Charter school teachers clear hurdle in pursuit of unionization

Disgruntled teachers at Opportunity Charter School won their bid to unionize last week after a state agency approved the United Federation of Teachers to represent them.

A ruling by the Public Employment Relations Board dated Aug. 26 officially certified the union to serve as “exclusive negotiating agent” for Opportunity’s teachers, paving the way for the UFT to assume all collective bargaining rights on behalf of its employees.

With the ruling, the UFT now represents 13 New York City charter schools.

The decision comes nearly four months after teachers held a secret “card check,” during which a majority of teachers signed authorization cards stating that they wished to be represented by a union. Administrators refused to recognize the results within 30 days, setting up the official hearing process through PERB, which began in June.

In reviewing the union vote cards, PERB threw out nearly a third of votes that belonged to teachers who were no longer employed at Opportunity, according to a UFT official. That includes more than a dozen teachers who were abruptly fired at the end of the school year.

The firings led teachers and UFT organizers to accuse school CEO Leonard Goldberg of  retaliating against and intimidating teachers who were loyal to the union, a charge that has been officially filed by UFT lawyers through PERB. Those charges have not been heard yet, the official said.

Through a lawyer, Goldberg has denied that the firings were related to the teachers’ union activities. Both Goldberg and his lawyer declined to comment on the PERB decision.

In explaining their initial decision to unionize, Opportunity teachers said they felt that the school’s founding philosophy had changed and isolated their voices from school policy decisions.

“The school has changed dramatically since I started. Now I feel like I work for a company, not a school,” Jennifer Mitchell told GothamSchools in July. Mitchell, one of the school’s longest-tenured teachers, was among the founding members on the union organizing committee.

Opportunity Charter School has a short but troubled history. Founded by Goldberg in 2004 on a unique mission to serve high rates of special education students and students with learning disabilities, the school struggled on performance reviews, prompting the DOE to  renew its charter only on a shorted term. An investigation last year found aides physically abused students in some instances of behavioral intervention.

The decision means that UFT will now handle all negotiations as part of a collective bargaining agreement that will decide how employees are hired and fired, how much they are paid and how long they work. In exchange, Opportunity’s teachers would become dues-paying union members.

  • Guest

    that is awful!!!!!!!!!!!!!!!!!!!!!!!!!!! if you want union go work in public schools… these teachers should QUIT or the school should be shut down.  if a charter school is so lousy the teachers want the union… it should be closed.

  • Charter Watcher

    There are only two ways a charter school can close down: 1) Test scores that suck so bad that NYSED will shut it down. 2) There are so many teachers that quit that it is impossible to keep the school running every year. It stands to reason that if you can’t keep a satisfied staff of teachers, your charter school will crumble. These teachers took the step to join the UFT for representation and that means that they are actually willing to make a long term commitment to this charter school. (A rare commitment for charter school teachers)

  • Guest

    a charter school that will be incapable of innovation and reform is useless. it might as well be public.

  • Charter Watcher

    GUEST: Gotta let ya’ know that there are plenty of regular public schools that are innovative but who don’t see 1/2 of their school staff quit every year. Oh yeah, why are we arguing about semantics. Do you not agree that charter schools are “public” schools? (Since they are funded with public taxpayer funds in addition to the hedge fund monies)

  • Drockeducation

    Charter Watcher:

    How many charter schools have been closed down for the two reasons you’ve listed?  Opportunity Charter School (OCS) was not closed down for those two reasons.  This school has had very low test scores and very low graduation rates for years.  They have also had a very high teacher turn over rate, but it hasn’t been shut down.  OCS was also involved in an investigation where there were a number of confirmed cases of staff physically manhandling/hurting their students.  A culture of physical intimidation was allowed by the schools leaders.  They were not shut down.  NYSED may have the ability to close charter schools down, but they are not actually closing them.  Why? 

  • http://twitter.com/ken_hirsh Ken Hirsh

    Two things:

    1. It would be interesting to review the contract negotiation status of the charter schools that have been unionized.  It would also be interesting to post and, possibly, analyze, whatever contracts have been agreed upon.  My understanding (which hasn’t been updated recently) is that some (many? most? all?) of the schools that have been unionized have not reached an agreement as to a contract.  Also, the state law doesn’t require agreement, only negotiation in good faith.  

    2. I think there is a typo in the last paragraph: “hangle” should be “handle”.  

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