ROEA REPORTER

ROEA PREPARES FOR BARGAINING

We are preparing for bargaining in earnest! The following members have graciously committed their time to the effort.

The MEA, via Curt, plays a large role in our collective bargaining. But as you can see, our members are the heart of the matter. The union is all of us. We have a lot of work to do and lots to accomplish, but I have great faith in the ability of members to hammer out a new collective bargaining agreement with stronger rights for teachers. On behalf of the Executive Board, I want to thank all of our committee members. Please take the time from your busy schedule to do the same.

In Solidarity,
Sid

CONTRACT FEATURE

SENIORITY

Contract seniority is the cornerstone of job security and professional growth. In terms of job security, the more time accumulated as a member of the ROEA, the greater your job security since lay-offs occur in inverse seniority order-members with the least amount of time in the bargaining unit (provided that others are qualified to do the available work) are laid off first in the event of a reduction in staff. In terms of professional growth, seniority is a means to obtain available positions within the district. However, even though this is the dual intent of contract seniority, our administration has consistently violated the contract in these areas. This is especially so in the area of obtaining an available position which is newly created or vacant. Article IX on page 22 of the contract discusses seniority.

In seniority based transfers, the administration has consistently interfered with our rights to transfers to other positions for which a teacher is qualified. This limits our opportunities for professional growth. Our administrators have asserted directly that when they hire an individual for a particular job, they can retain that teacher in that position. If you were hired as a lower elementary teacher, for example, our administrators feel that they can always keep you in that position regardless of other vacancies in the district. To do so, however, is a violation of the contract which specifies that available vacancies are to be posted and all teachers have an opportunity to apply for those positions. The contract further states that members of the bargaining unit who are qualified for the position have preference over non bargaining unit members. And, seniority prevails in the event that the qualifications of candidates are equal. If a teacher retires or resigns, that job should be posted. In violation of the contract, the district doesn't always post these positions. This is the first obstacle to obtaining these positions. The next obstacle to equal opportunity is the district's narrow and contractually incompliant definition of "qualified." Going back to our example, if the vacant position is an upper elementary position the district may claim that a lower elementary teacher is not qualified for the job. However, there is no real distinction between lower and upper elementary teachers in terms of their Michigan teaching credentials; the distinction is merely an administrative construct designed to deny seniority transfers. Under our contract, and in terms of state and NCA standards, the lower elementary teacher and upper elementary teacher are both K-8 certified and therefore equally qualified. Both teachers are professionally suited to teach elementary students. The denial of transfer rights based on arbitrary distinctions made by the district interferes with our opportunities for a new assignment and professional growth.

We currently have a transfer grievance. A high school teacher was not offered a full time position at the high school (the teacher currently has a dual assignment between high school and another school) even though a full time position in the teacher's major was vacated this year. The full time English position that was available due to one of our teachers transferring to the other high school was not posted as such. Rather, it was parceled out to three other people, two of whom were non-bargaining unit members last year. In effect, the full time position was gerrymandered by administration with what I believe to be the intention of avoiding the contractual rights of a qualified teacher to a full time position. What other conclusion can be reached when administrators state that they can keep teachers in any position that the administrator chooses?

The transfer language is on page 22 of the contract. Qualifications as used in the language mean our state endorsements. Management would like to interpret qualifications narrowly enough to avoid seniority claims altogether and place whomever they choose in any position. A narrowly constructed definition such as a distinction between lower and upper elementary serves this end. (Where is the dividing line - especially with split classes?) This practice denies equal opportunity and the chance of professional growth to all of us.

If we do not fight to preserve our transfer rights, a restrictive administrative interpretation of qualifications will jeopardize our seniority based job security. Suppose the distinction between lower and upper elementary teachers is not challenged by the union? In the event of lay-offs, which seem likely, administration may attempt to retain teachers with lower seniority based on the administrative definition of qualified. In our example, an upper elementary teacher may be out of a position if only lower elementary work is available (and vice versa) and their legitimate qualifications (the K-8 endorsement) are intentionally not considered to constitute equal qualifications. In administration's desire to direct teachers as they see fit, ignoring contractual rights and state qualifications, this is a realistic and professionally harmful possibility.

How do we fight such a basic assault on our job security and ability to expand our teaching practice? There are several ways. First, the grievance procedure protects our contractual rights. Our Executive Board has authorized the high school transfer grievance to be submitted to arbitration. Being in the position of grievant is a difficult one. I have great respect for the courage that our high school teacher has shown in persevering in this fight. If we are able to protect the seniority rights of one of us, we are able to secure this right for all of us. Second, in negotiations we must persevere in strengthening the seniority language. If you look at page 26, for example, you'll see a distinction between teachers with 4 years of seniority and teachers with 7 years of seniority. A teacher's ability to work in another position in the district in a lay-off situation is optimal at the 7 year point. I believe that all tenured teachers should have the same ability to utilize their professional skills in other areas in which they are qualified. The third and most meaningful basis of the fight is your support. Without your support we are representing ideas. With your support we are representing ideas that secure what our members want and need. We are stronger when pursuing your interests with your strong support.

Finally, I believe that all change starts within ourselves. When we change our ideas and convictions we are then able to begin to influence others. We must ask ourselves if we believe that we are qualified to do the available job. If you are an upper elementary teacher, are you able to teach younger students or are you willing to accept the administration's decision about your professional abilities? Do you have the ability to teach in another school if a position opens, or are you content to have an administrator and a building principal define your abilities for you? Do you have the ability to teach in your minor, if necessary? (Some teachers presently do - at administrative behest.) Teachers need to step forward with one voice and loudly proclaim to the administration and board that we are prepared by professional training and demeanor, personal integrity, and contract seniority to do the jobs available and do them well. Now go and find a member of your bargaining team and start haranguing them about what we need!

Sid

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