January 19, 2011

CRISIS ACTION

At the December 14th BPS Board Meeting, over 60 teachers, parapros, and secretaries caroled the Board with “unionized” versions of popular holiday songs. Both Steve and Scott spoke on behalf of the members, urging the district to use its “new found” money to settle the contract, to rollback the new initiatives and mandates that are overwhelming our teachers, and to stop taking teachers out of the classroom, away from their students.

Your Crisis Team, under the leadership of Jim Peters, has been motivated to elicit quick and decisive action. Already their sustained efforts have helped to settle contracts for both our paraprofessional and secretary units. Congratulations!

Now the Crisis Team is calling on your support to aid your teacher bargaining team. Please pay close attention to the crisis leaders in your building, as they will be asking you to take critical action soon.

BARGAINING

Your BEA team met with the Board's team for the 35th bargaining session on the evening of January 4th. Unfortunately, the night ended without an agreement. The BEA team believes the Board continues to seek concessions, but refuses to accept a commensurate offer.

Because the parties have been unable to resolve the issues, the BEA requested and the district agreed to the participation of a state mediator. The mediator is working with the parties to resolve outstanding issues. Our next bargaining session is scheduled for January 24th, 4:30pm at the SOMEA office.

The bargaining team would especially like to thank the Crisis Team for organizing food and beverages to help sustain us through long evenings of bargaining. Your support is much appreciated!

BOARD OF EDUCATION

The Board met in regular session on January 18th. Thanks to those Quarton and Bingham staff that attended. Steve spoke once again regarding the lack of collaboration in the district on critical issues to teaching and learning; district administrators are preaching cooperation, but practicing top-down management.

The next BPS Board meeting will be on February 1st at 7:00pm at the Ad Building. Seaholm teachers, secretaries and paraprofessionals will be attending, wearing green and showing their support. We’re hoping for another “standing room only” evening. Channel 17 will simulcast. The board agenda may be downloaded at: https://v3.boardbook.org/Public/PublicHome.aspx?ak=1000454

SICK BANK

Currently there are approximately 140 days in the bank remaining from the initial ½ day contribution made by BEA members. When those days are expended, the contract requires the Board to contribute ½ day for each full time teacher. This will add approximately 250 days to the bank. The bargaining team continues to work toward a permanent solution to this problem.

BEA BUILDING VISITS

At the request of the Crisis Team, Steve, Jim, and Scott have visited numerous buildings across the district to hear concerns and listen to the voices of BEA members. Since early December, we have visited five schools–Greenfield, Seaholm, Groves, Harlan, and Bingham. If we have not come to your school yet, please get with your Reps to select a date and time. During lunch, and before or after school are good times to meet. We want to make sure we visit every building by the end of this month.

TAX WRITE OFF FOR UNION DUES

You can deduct your MEA dues from your taxes! To find the final 2010 payment amount, check the paystub of your last paycheck to the yearly employee contribution column. You can also find this information on the district’s ALIO account. Unfortunately, our Treasure, Jay Smith, will not be able to calculate specific amounts for each member because MEA dues are now calculated on a percentage basis of annual pay, which differs for every employee.

STATE FUNDING AND ANNUAL TEACHER EVALUATIONS

As part of the new Federal Education Jobs Law, passed in 2010, the Michigan Department of Education (MDE) distributed $1.3 billion to school districts, of which Birmingham will receive over $1.3 million.

As a condition of receiving these funds, the new State law requires that districts adopt and implement an annual performance evaluation system for teachers and administrators. By state law, this system is to be developed with teacher and administrator involvement in the process, and include state and local measures of student growth as a significant factor. The law also provides that local districts determine the ways in which the results of these evaluations will be used to inform decisions related to the promotion, retention, development, tenure/certification, removal, and compensation of teachers and administrators.

For school districts like Birmingham, that did not have a collective bargaining agreement before January 2010 for the 2011-12 school year, is mandated to begin implementation in September 2011. The law also stipulates the local teacher’s unions have the right to bargain the procedures and implementation of this “pay for performance” evaluation system. Your BEA leadership fully intends to do so before the beginning of the next school year.

PUBLIC EDUCATION FACES CHALLENGES IN LANSING

The 2010 election has created serious challenges for public education. The new governor and legislature will consider harsh financial cuts to teachers. Among the proposals being considered are a required 5% cut in employee wages, the adoption of a state-wide health care plan, and a requirement that public employees pay 20% of the cost of our health care.

Other proposals being considered threaten the very essence of our right to organize a union. The so-called “right to work” proposal, and changes to teacher tenure would undercut our collective rights and protections. Please stay informed on these issues, and be ready to respond by contacting your congressperson and the governor when called to do so by the BEA or MEA.

RIGHT TO BEA REPRESENTATION

You have the right to union representation through both Individual Reps and your building FAC. In the event that your supervisor is issuing a warning or any type of disciplinary action, he or she is obligated to allow you to have a BEA Representative present.

It is a BPS tradition that professional administrators always respect your right to representation, never discourage members from seeking BEA assistance and frequently call the Association on your behalf.

It is a BEA tradition to work collaboratively to resolve problems, and it is our duty to advocate for our members. Following a consistent practice is the best way both individual and building level issues.

• Any errors or questions in individual assignments, working conditions or other concerns should first be reported to your building supervisor. Please allow your immediate supervisor the opportunity to address your concern first, just as you would expect the same professional courtesy.
• If a concern is not satisfactorily addressed, you should seek assistance through your building representative. Building Reps are elected by you to represent you at the building level. If they cannot intercede, they will refer you on to Scott or Steve.
• All other general building issues and concerns that impact multiple teachers in the building or affect the delivery of educational services should be brought to the attention of building Faculty Advisory Committee. The elected FAC representatives, along with the building administration, are obligated by contract to work collaboratively to resolve issues and concerns. If the issues cannot be agreed upon by the FAC, please do not hesitate to contact Scott or Steve.

The BEA leadership tremendously appreciates the dedication and committement its members show students and one another. Your hard work makes defending you and standing up for your rights much easier. While there is no denying that we have a incredibly difficult road ahead, we can surely carve our own path “together for their future.”

IMPORTANT DATES

November 30, 2010

CRISIS VISITS TO SCHOOLS

Jim Peters, Steve Amberg, and Scott Warrow are visiting schools to meet with teachers, secretaries, and parapros to update buildings on crisis action and to address questions and concerns in each school. The following is a list of buildings and dates when we have scheduled visits. Please check with your Reps to coordinate the best time for us to come to your building. We would like to meet with each staff before the Winter break.

ATTACKS ON TEACHER TENURE AND PAY

The Detroit News has featured three opinion pieces in the last two weeks directly attacking teacher tenure and pay. The editorial rants depict teachers as underworked and overpaid. How misinformed they are. Yet, the paper asserts that the best way to resolve the State budget crunch is to permanently lower the salaries of teachers. The News echoes the calls of two of the Birmingham district's elected officials-- John Papageorge and Chuck Moss-- who have called for a 5% reduction in teacher pay. We strongly encourage members to write letters to the editor to the Detroit News and their elected officials, opposing this blatant scapegoating of teachers. Some BEA teachers already have. Teachers are also meeting with Senator Papageorge and Representative Moss at a roundtable discussion sponsored by the BEA on Friday Dec 3rd, 4:30pm at the BEA Office. Please let me or Scott Craig know if you are interested in participating.

BARGAINING

BEA on State Critical List

Due the deteriorating state of bargaining, The BEA and our fellow Birmingham bargaining units have been put on the Michigan Education Association "critical list." This list is put out monthly by the MEA to alert unions around the state of locals that have reached a critical stage in contract negotiations. The BEA has bargained over a year and has engaged over 30 sessions with the district. The BPS board continues to seek concessions from the teachers despite reinstating a 4% pay increase to the administrators.

SAVE THE DATE

BEA Holiday Party

Keep the afternoon of Friday, December 10th free. We are having our annual holiday party from 3:15pm-7pm at Snookers on Woodward in Royal Oak. The first drink is on our Executive Director, Steve Amberg. (I apologize if this conflicts with other school celebrations; it is the best date we could get.) Stop by and have a break on the BEA. You all deserve it!

IMPORTANT DATES

BEA BARGAINING TEAM

February 01, 2010

BARGAINING - WHY IT MATTERS

Bargaining is a multi-faceted process combining your concerns, economics, politics, and political action to determine your employment relationship with the school district. It is an ever-changing process that brings together disparate interests and results in a collective bargaining agreement. That agreement determines your pay; the health insurance you’ll have – whether you’ll pay for it and how much; the hours you’ll work; calendar; the number of students you’ll teach; the number of classes you’ll be responsible for; whether you’ll be paid when you become ill or have a baby; whether you’ll have a job or lose it because of a reduction in the teaching staff. All these things and many more are determined through the bargaining process – your colleagues sitting across from representatives of the Board of Education determining the environment in which you work as an employee of the Birmingham Public Schools.

As you enter the bargaining process, and remember it is you that is paid the salary and uses the health insurance bargained for you, your Bargaining Team believed that you should know the basics of bargaining.

How it Works

Every contract covers a set number of school years. Your current contract expires June 30, 2010. The parties (BEA & Board of Education) can agree to extend it beyond that date while they bargain. If they do not agree to extend it, the law permits the “mandatory terms”, for example wages and health insurance to be continued until the parties reach a new agreement or impasse. If impasse is reached (a period where meaningful negotiations are no longer occurring) the employer may impose its last, best and final offer that may change the mandatory terms previously negotiated.

Step One - Survey the Membership

The Association files a demand to bargain. We have. The Association submits its survey to the membership asking for input – what issues do you believe we should bring to the bargaining table. We have. Please note there is still time to submit your survey to us. Simply email your concerns, issues and priorities to This email address is being protected from spambots. You need JavaScript enabled to view it.

Step Two - The Team

Your President selects a team. She has. The team is comprised of seven of your colleagues, at least one from each level (elementary, middle and high school).

The team then reviews the surveys to determine the concerns of the members and determines which issues will be brought to the table. Once the issues are selected, language is drafted incorporating the modifications sought in the contract.

During this preparation period, the team seeks information from the district and the resources made available to it by the MEA. Included will be a financial analysis of the district performed by MEA research to determine the true financial circumstances of the district.

Step Three - At the Bargaining Table

The BEA bargaining team operates democratically. The Executive Director is a member of the team and the Chief Negotiator, however, he does not have a vote in determining what issues will be brought to the table; the language that will frame the position to be taken; or whether a tentative agreement on any proposal is acceptable. That right rests with your seven colleagues.

The process begins with the parties exchanging proposals. Each party reviews the issues contained in their proposals. An issue is then mutually selected for bargaining by the parties.

Each issue is vigorously discussed. While the Chief Negotiator leads the discussion for the team, each member participates and may very well lead the discussion where their expertise is required. Proposals will be exchanged back and forth and any particular issue may take hours, several days or longer of bargaining.

The BEA team operates by consensus and will continue with an issue until each of your seven colleagues has accepted a proposal as a tentative agreement (“TA”). When all issues have been addressed or withdrawn, the TAs will be submitted to the entire BEA membership for ratification.

If the parties are unable to resolve issues, they may request the services of a State appointed mediator. The mediator works with the parties to resolve outstanding issues and facilitates the bargaining process.

If mediation is unsuccessful, the parties may request fact-finding. Fact-finding is a quasi-judicial proceeding. A fact-finder is appointed by the State to conduct a hearing to establish the financial circumstances of the district and the appropriateness of the parties’ position on each outstanding issue.

Once the fact-finder has issued his/her report the parties may adopt it or reject it. If rejected by either party, the parties must continue the bargaining process for an additional sixty (60) days. If agreement has not been met, the district may then impose its last, best offer which establishes the terms and conditions of employment until an agreement is reached through continued bargaining.

How You Can Help

Every year we announce that the upcoming bargaining will be difficult. Regrettably, this year will not be different. Thus, we must again call on you to assist your colleagues at the table. Your assistance includes:

1. Maintain your high level of teaching – Our motto “Together For Their Future” reflects the reason we are educators. The education of our students is always our paramount concern.
2. Participate in the activities of the joint Crisis Committee. The committee is comprised of staff from all three bargaining units – teachers, secretaries and paraprofessionals, and every building will have members on the committee. Participation shows the Board and community that we are united and our unity shows strength at each of the three bargaining tables.

Get Involved - NOW

You will be called upon to attend Board meetings, demonstrate and work to establish community support. This may require attending evening meetings, activities before and after school and on the weekends.

We appreciate the burden such participation causes for you and your family. But that’s why you should participate – to protect your family, preserve your workplace and advocate for your students.

How to Stay Informed & Advocate for Students

1. Attend PTSA meetings. While many meetings have been moved into the school day this should not deter you from representing the "T" in PTSA. Parents welcome and value teacher input so be sure to remind your building supervisor that you need to attend PTSA meetings and arrange for class coverage while doing so.
2. The Board of Education Trustees are scheduling "dialogue" sessions with the public an hour before official board meetings. These informal, un-televised meetings start at 6pm on meeting nights. Be there to provide professional input on budget decisions. Members who are also Birmingham residents are strongly encouraged to attend these meetings. As voters and parents your voices need to be heard. Check the district website for correct times as they are subject to change.
3. Electronic communications should be done on home computers via home email - to home email. Workplace communications belong to the workplace - they are subject to FOIA (Freedom of Information Act) and district monitoring. District email is being monitored. Members should not be discouraged from communicating with each other but are reminded to adhere to the district policy on Acceptable Use of Technology in the Workplace.

September 29, 2010

BARGAINING UPDATE

Since March of 2010 the parties have had twenty-five bargaining sessions, many of them all day sessions with one held on a Sunday. We have achieved tentative agreements on an extension of the current contract while we bargain, calendars for 2010/2011 and 2011/2012, and four other language issues.

Most of the time has been spent on economic issues, insurance and the sick bank. These negotiations have been extremely slow, deliberate and impacted by legislative events effecting schools on a state and national level.

Your team, Scott Warrow, Maureen Martin, Robyn Tarnow, Jay Smith, Scott Craig, Amy Denys and Ann Gracy remains dedicated to achieving a fair and equitable resolution for you. However, now we need your help. We shall be calling on you, through the Crisis Committee, to assist us as we continue to bargain.

Sick Bank

With the extension of the contract, the current sick bank provisions (Article XVII [B] pages 39 of the contract) remain in place. The provisions will remain in place unless modified by a ratified successor agreement.

As you know over the last two years the bank has run out of days resulting in members on the bank losing compensation and having to purchase insurance coverage. With approximately 550 members, the bank will only have that number of days available for members who have exhausted their sick days. We are working to find a solution to this problem at the bargaining table.

CRISIS TEAM UPDATE

As with the teachers, negotiations for secretary and para professional contracts are continuing. Like in 2008/2009, we have decided to bring together all three bargaining units to support each other during this difficult time. The Crisis Committee is reforming and preparing to assist your bargaining teams as they represent your interests.

In the coming weeks we will be reorganizing the committee due to the staffing changes that have occurred in the district. Every building needs to have representation on the Crisis Committee. If possible, a representative from each bargaining unit from every building would be ideal.

The Crisis Committee will organize and carry out activities that our teams feel will support them at the table. If you are called on to participate at a building or district level it is imperative that you act. Keep in mind that you will not be asked to do anything that is in violation of your contract. As in the past, strength in numbers will be key. Please make every attempt to support your committee representatives, your union and each other. We will not dissolve our partnership until all three units have ratified a contract. Once your individual unit settles, your job is not done. Please continue to show your support and participate.

If you need information or would like to become a member of the committee please contact Jim Peters, Crisis Committee Chairperson at This email address is being protected from spambots. You need JavaScript enabled to view it.. You can also find crisis committee updates on Facebook; search “Together for Their Future.”

BEA REPRESENTATION

Representative Assembly

The first BEA Representative Assembly was on September 29th at 4:30 at Harlan media center. Thank you Harlan for volunteering. The next meeting will be held at Quarton Elementary on October 27th, at 4:30pm. Please join us; representative assembly meetings are open to all members. Please, let us know if you would like to volunteer your building to hold an Assembly meeting.

Given that we are currently without a new contract and new initiatives are being pushed at both the district and building level, it is critical that we have at least two elected representatives from each building who can attend meetings regularly. One alternate should also be selected to serve in case a representative is unable. The BEA bylaws allow for each building to maintain two reps for every 30 Association members.

Faculty Advisory Committee

FAC is a contractually bargained committee elected at each building, which serves to open the lines of communication between the staff and the administration. Because each school year provides different challenges, this committee allows a venue for on-going conversations, suggestions, and solutions. The committee should consist of a minimum of four BEA staff members, with a President, who sets the agenda for each meeting. Meetings should occur regularly, as needed to address building issues. For the FAC to function most effectively, we recommend that building administrators and non-BEA staff members be an integral part of the committee process.

Executive Board

The Executive Board represents the four executive officers and eleven delegates. It is empowered to make decisions and take such actions as shall be required by the Association during the interim of the Representative Assembly, except for financial matters not specifically budgeted. The Executive Board meets monthly to discuss district-wide issues critical to the membership and maintains regular contact with central office administrators, in its effort to discuss and resolve these issues at the bequest of BEA members. Your current elected Executive Board includes:

August 09, 2010

BARGAINING UPDATE

Your BEA Bargaining Team has been at the bargaining table since March of this year. We have bargained on the following dates:

March 7, 31
April 30
May 6, 14, 20
June 7, 10, 14, 23, 29
July 1, 20, 21, 22, 27, 30

Each bargaining session has run from three to six hours. In addition, we have scheduled four additional dates for August 17, 23, 24, and 27. While your team is working diligently to achieve fair and equitable resolutions of the difficult issues before us, other than calendar and an extension of the current contract while we bargain, we have not been able to achieve a resolution of any of the other issues presented at the table. Nevertheless, we continue in our efforts to achieve a contract for you. A few issues that remain unresolved have immediate impact. They include:

Sick Bank

Unless agreement is reached on an alternative, the provisions in the contract regarding sick bank will resume with the start of the school year. Each of you will contribute one half (1/2) day to the bank and members who qualify will be able to draw days. Further, when the days contributed by staff are exhausted, the Board will be obligated to contribute one half (1/2) day for each full time teacher employed by the Board at that time.

PLEASE REMEMBER given the current usage of days, it is possible that the sick bank will again run out of days prior to the end of the school year. Accordingly, members with an insufficient number of days should consider applying for short term disability (STD). We are working with the district to permit you to enroll for STD during open enrollment.

PLEASE REMEMBER that STD has a prior existing condition provision. You may receive information on STD by contacting the BEA office at (248) 559-4770 or Steve Amberg at This email address is being protected from spambots. You need JavaScript enabled to view it..

Health Insurance

The current MESSA Choices program remains in effect. While we have sought to reduce the co-pay on premiums by modifying certain riders, we have been unable to resolve these issues. Beginning January 1, 2011 (unless the issue is resolved before) the new co-pay on premiums shall be:

Crisis Committee

On August 16th, from 10:00 a.m. to 12:00 p.m. at the SOMEA Office, the Crisis Team, led by Jim Peters, will be holding its first meeting of the new school year. As it appears that we will once again be starting the year without a new contract, Jim feels it is critical to drum up member support for the bargaining teams right away. Representatives interested in helping out should come to the meeting.

The Future

We will keep you informed as events unfold. We ask that you participate in the activities to be developed by the Crisis Committee. A united and fully engaged membership is the best response to difficult bargaining.

Your BEA Bargaining Team

Scott Warrow, President
Maureen Martin, Vice President
Jay Smith, Treasurer and Membership
Robyn Tarnow, Secretary
Scott Craig, Legislative Chair
Ann Gracy, Executive Board
Amy Denys, Executive Board
Steve Amberg, Chief Spokesperson