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Big changes come to Wisconsin

As the new school year begins, teachers in Wisconsin are just now finding out what work life will be like without a contract.

With the start of school approaching on Sept. 1, about two-thirds of Wisconsin's school districts are rushing to finalize employee handbooks to replace now-extinct collective bargaining agreements that for decades outlined duties and salaries for workers.

The passage of the state's new "Act 10" legislation - in effect for all districts that didn't extend a contract with teachers before the passage of the law - gives administrators the ability to make sweeping changes to teachers' pay scales, hours and working conditions without having to negotiate them with unions.

Some sacred cows are disappearing, such as teacher tenure, layoffs based on seniority and the guarantee of 10 years' worth of post-retirement health insurance. Other big and complex changes on the horizon include new salary structures and pay-for-performance plans.

Many teachers, especially those still feeling bruised from divisive union fights and the requirement to pay more for their health insurance and retirement, are concerned about the changes being made unilaterally by management, said Christina Brey, spokeswoman for the Wisconsin Education Association Council, the state's largest teachers union.

Some of the major changes will include

  • Changing health insurance options and reducing post-retirement benefits
  • Ending tenure and layoff decisions based on seniority, now teachers can be on year-to-year contracts, and nonrenewal decisions can be based on performance.
  • Modifying work expectations. Teacher contracts traditionally specify a variety of work-related conditions, from the maximum number of contact hours with students, to the number of prep periods, to the length and number of work days.

The other intended consequence was to reduce the teachers association to a shell, as they announce a 40% reduction in staff

The law strips teachers and most other public employees of rights to collectively bargain over issues like work conditions or vacation time. The extent of their collective bargaining rights are now limited to wages, and workers cannot argue for a salary increase larger than the rate of inflation. It also no longer permits unions to automatically withdraw dues from paychecks.

Similar effects will be felt in Ohio if SB5 survives the November election. It's not hyperbole to suggest that the teaching profession is on the line. And without strong advocates for public education, that too will come under great and greater duress.

Gov Kasich "I'm done talk, talk, talking

How big of an empty promise was the Governor's offer to sit down with labor and discuss a meaningful compromise? ProgressOhio captures his flip-flop on tape.

From the Governor's press conference Wednesday 17th August, 2011

Governor Kasich, "We're inviting them to talk. We think that would be a good thing for all of us to sit down, see if we can reach some agreement."

Governor Kasich, "erm, when I was approached, err, by, by, er, by, the former Speaker Joanne Davidson, about should we sit down and talk, I said are you kiddin' me? Absolutely we should talk."

On February 26th, 2011 the Governor appeared on the Bill Cunningham radio show and told a very different story. Roll the tape.

Bill Cunningham, "Even at this late date in February are you willing to sit in a room with the representatives of the public employment unions, waway from the television and away from the radio and listen to the legitimate concerns of those that..."

Governor Kasich, interupting, "Listen, I've heard their concerns, I mean it's on TV and in the newspapers everyday. I know what their concerns is, they do not want ot give up the right to collectively bargain."

Bill Cunningham, "Meet with them Governor, You've got to get in a room with 'em Governor."

Governor Kasich, "Bill, Bill, let me explain to you. I'm not gonna let you put me in a position to say that I don't listen. I've listened. I've Heard. I've made a decision. It's not like I'm not talkin' to people. But y'know we spend a lot of time in Ohio talk, talk, talk ,talk, talkin'..."

Bill Cunningham, "And the Governor's done talkin', you;re walkin?"

Governor Kasich, "It's time to do some things."

Here's the video

As if to punctuate the insincerity of the offer ot find a compromise, here's Speaker Batchelder quoted in the WSJ regarding the offer to repeal then deal

Republican House Speaker William Batchelder rejected the unions' suggestion to craft a new law. "That dog won't hunt," said Mr. Batchelder

Urge your lawmakers to do the right thing. Call 888-218-5931 and tell your lawmakers NO DEAL until they repeal SB 5.

Update

The Governor, Speak and President sat alone waiting for a meeting they knew was not going to happen. They even went to far as to create silly cardboard name tags. When asked if they would repeal SB5 so negotiations could happen in an atmosphere of trust they said no to repeal first because it's an "ultimatum" and we would "lose leverage".

Three men, sitting alone. That's what is has come to for the proponents of SB5.

SB5 still double digits ahead, but work to do

A new poll from Public Policy Polling has been released

50% of Ohioans say they would vote to reject Senate Bill 5 if the election was today, to 39% who would vote to accept it. Those are encouraging numbers for pro-labor interests but when we last polled the state in May 55% of voters say they were against the bill to only 35% in favor of it. So the trendlines at least are working in favor of the bill remaining as law.

Democrats (69/21) are more in favor of rejecting the bill than Republicans (58/29) are of accepting it. But independents have moved from 52/40 opposition to it in May to 46/44 support for it now.

The odds are still stacked against SB 5 staying enacted but just like we saw in the Wisconsin recalls the anger is not there at the same level it was during the spring, which has to be a slight cause of concern for those working to reject it.

We discussed the liklihood of this tightening some time ago. Repeating our advice from that post

The bottom line -

  • We have to work hard through the summer and fall to talk to voters and convince them that repealing SB5 is the right thing to do
  • In the closing month of the election get as many people to vote early as possible
  • On election day, get as many supporters of repeal to the polls as possible

That's a lot of work. Ready for it?

Below are the polling trends for SB5.

Poll For SB5 Against SB5
PPP Mar 15th 31% 54%
Wenzel Apr 12th 38% 51%
Quinnipiac May 18th 36% 54%
PPP May 25th 35% 55%
Quinnipiac Jul 20th 32% 56%
PPP Aug 18th 39% 50%

SB5 Polling Trend

Ohio's teacher evaluation - Flawed from the start?

The Capacity Committee of the state Board of Education yesterday to further discuss development of teacher evlauations, which as the Dispatch reports “should be a tool to inform employment and dismissal decisions (and) opportunities for advancement” and must complete the recommendations by the end of the year.

Education First has been brought in to help develop the evaluation system, but their comments at the meeting are a little troubling

Katie Cour, another consultant from Education First, stressed that the pilot program put together by the state can’t be expected to work flawlessly from the time it is put into place.

“You’ll never have a perfect system at the beginning of implementation,” she said. Cour told the committee members to think of the plan in the same way software developers thought about their products — there would be an OTES 2.0 and 3.0, which might not look anything like the first plan.

The state plan has a basic four-part system for evaluating teachers: goal setting, teacher performance, professionalism and student growth.

In keeping with the focus on student achievement — and a new state law — student growth will be half of a teacher’s evaluation.

We are apparently in such a rush that we're having to make it up as we go along, openly admitting that we are develpoing a flawed system that will be used in part to determine dismissals and RIF's.

We have obtained the documents used and presented at this meeting, you can read them below (we combined 5 documents into one for simplicity of reading, seperated by a blank page)

Combined Teacher Evaluation Docs

The White flag as seen from around Ohio

We reported on yesterday's surprising news of the Governor finally conceding that SB5 went too far and should be toned down. Here's the news of that white flag being raised, as reported from around the state.

The Cincinatti Enquirer gets a quote from the author of SB5, State Sen. Shannon Jones

The Southwest Ohio legislator who authored Senate Bill 5, state Sen. Shannon Jones, R-Springboro, dismissed suggestions that the GOP leaders’ offer reflects concern that voters might pass Issue 2, the ballot measure aimed at repealing the reform of the state’s 1983 collective bargaining law.

“I don’t think that’s a fair analysis at all,” said Jones, who represents eastern Hamilton County and all of Warren County.

“This is just a reminder that an offer that was there from the start – to sit down and talk, to look for common ideas – is still open,” she told the Enquirer. “If they want to do that, fine. If not, we’ll have an election.”

The Toledo Blade reminds us that it's difficult to change SB5 if the Legislature isn't in session, and won't be until after the August 30th deadline

"These politicians who passed Senate Bill 5 have the ability to come back and repeal the law, and that's what they should do—repeal the entire law," We Are Ohio spokesman Melissa Fazekas said. "Or they can join us and vote ‘no' in November on Issue 2."

Lawmakers, however, are on summer recess and are not scheduled to return before the Aug. 30 deadline.

The Dispatch has this choice quote from the Governor

Kasich said avoiding a fight over state Issue 2 is in "best interest of everyone, including public employee unions." He asked the unions to "set aside political agendas and past offenses."

Some might call that projection.

The Marietta Times has a quote from a teacher, one we've heard expressed many times already too

"But a divisive fight on these issues that could possibly be avoided is in the best interest of everyone, including public employees and people who support public employees," Kasich said.

Marietta resident Sarah Beaver, a 59-year-old retired teacher, isn't buying it.

"Don't trust him farther than I can throw him," she said "He's just afraid (the repeal) is going to pass and this is his way to avoid it."

This is why reapling then dealing is the only way forward.

Finally, in the 3rd of a 3 part series, Plunderbund has what might be the real reason for yesterday's developments

We’ve heard all sorts of crazy rumors shaking out today. Mostly, that Building a Better Ohio’s fundraising has been shockingly poor. We can’t confirm because Building a Better Ohio, by legal design, has organized itself to avoid having to report as regularly and as transparently as We Are Ohio… this from the same campaign that asserts unions oppose public transparency in labor negotiations.

Double digits behind in the polls, no grass roots support, poor fundraising, a record massive 1.3 million signatures collected, and lots of evidence of voter anger over SB5, those are the kinds of conditions that make any politician want to have a do over.