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Thursday, November 26, 2015

Teacher Evaluations Are Still a Mess; VAM is DEAD

Teacher evaluations are still in danger of being unfair as long as the authority to "evaluate" is given to people who do not know anything about teaching and performance (Field Supervisors, peer validators, etc.). In fact, why is the UFT allowing these people to evaluate a teacher at all?

There are no facts in observations, said the NY State Supreme Court in Elentuck v Green. Read these posts!!! How do peer validators and field supervisors know what is going on in the classroom if they observe you three times over the course of a year and do not know anything about the students or your background?

Absurd.

Betsy Combier

New York State Governor Andrew Cuomo

VAM is Dead: New York State Political Leadership Wheels and Deals to Claim Credit and Avert Blame

“Rarely do we find men who willingly engage in hard, solid thinking. There is an almost universal quest for easy answers and half-baked solutions. Nothing pains some people more than having to think.”
– Martin Luther King Jr.
A year ago Andrew Cuomo was rolling….
The governor shoved aside a pesky Fordham law professor in the Democratic primary and defeated Rob Astorino, the Westchester County Executive in November. Not the landslide that might have pushed him into the national limelight; however, a victory is a victory.  The worm in the apple was education; teachers were hostile, the state poured endless billions into schools, and the new Common Core tests scores were appalling: an opportunity to blame the poor scores on teachers (and their union) and satisfy his charter school buddies.
On December 18th Jim Malatras, the Cuomo Chief of Operations sent a blazing letter  to Chancellor Merryl Tisch, an accusatory letter demanding responses to a list of questions.
Think Martin Luther nailing the 95 Theses  on the church door at Wittenberg Castle or Emile Zola’s J’Accuse letter  … excuse the references, I’m a history teacher.
The Malatras letter lists twelve questions, demands answers, and implies that since we have no confidence in the ability of the Board of Regents to resolve any of these questions/concerns we will use the budgetary process to impose our solutions.  And, to rub salt in the wounds one of the questions asks the chancellor to choose her method of execution.
“As you know, the appointment and selection of the Board of Regents is unique in that unlike other agencies selection and appointments are made by the Legislature. Would you make changes to the selection and appointment process, and, if so, what are they?”
On December 31 the chancellor responded with a 20-page letter , humble, respectful, and, meaningless.
True to his threats the governor packed the budget bill with education initiatives, the same that were included in his December 18th letter.
The teacher probationary period was increased from three to four years, struggling schools could be placed in receivership, an idea borrowed from Massachusetts, a complex plan backed by $75 million in state dollars: turn the schools over to outside “receivers,” who run the school independent of the school district, with powers to amend the teacher contract, and yet another teacher evaluation plan, again, borrowed from Massachusetts, usually referred to as the “matrix,” that embeds student growth scores (Value Added Modeling, aka, VAM) in a teacher rating.
Read about receivership here  and the “matrix” teacher evaluation plan here
The May to September romance did not end well.
The Legislature had no intention of giving away the power to appoint members of the Board of Regents; in fact, they filled the four vacancies with independents who immediately challenged the governor.
Over 200,000 parents, one in five, opted out of the state tests, and, the movement was growing. Grassroots parents, not tied to a political party, were sprouting all over the state, and, the culprit, the governor.
On the national scene the once ballyhooed Common Core was under attack.
The signature 2002 No Child Left Behind law that required annual testing and granted sweeping authority to the feds, was being reauthorized, with sharply reduced federal authority, and, teacher assessment was nowhere to be seen.
The governor scrambled to respond, at arm’s length; he resuscitated the 2012 Cuomo Commission, reduced and streamlined the membership, renamed the Task Force, with a new agenda.
See the Task Force web site here .
The Task Force set up “listening sessions” around the state, not webcast.
The agenda was simple, how the hell do we mollify these opt out parents and stop the teachers union from pummeling us across the state.
In a quiet move the governor selected yet another education adviser; instead of someone from the reform-y side the guv actually selected a state superintendent, one who has been a sharp critic of the state testing agenda.
The Task Force report is due the first week in December and the spin masters are bobbing and weaving.
In a New York Times article, titled, “Cuomo, in Shift, Is Said to Back Reducing Test Scores’ Role in Teacher Reviews,”  Kate Taylor, recounts the “politics,”
And according to two people involved in making state education policy, Mr. Cuomo has been quietly pushing for a reduction, even to zero. That would represent an about-face from January, when the governor called for test scores to determine 50 percent of a teacher’s evaluation.
With a straight face, Jim Malatras said, “There is no position of this administration with respect to this issue.”
The position of the administration is to distance themselves from any negative fallout and at the same time defuse a ticking time bomb.
Commissioner Elia proposed reducing the impact of VAM to 20%, and withdrew the proposal when the Cuomo side pushed back, perhaps a moratorium on the impact of students test scores until 2019, by pure chance, the year after the next gubernatorial election.
Should the governor take credit for the  changes? If so, he risks the ire of his new-found charter school, deep-pocketed allies. The Long Island Republicans would love to take credit for changes and win over the opt-outs, and the Democrats, who appoint the Board members also want a slice of the pie. The Regents and the commissioner could be tasked with making the changes; they can be blamed for failures.
The use of student growth scores, VAM, is dead; the assassins are haggling over who stands over the warm corpse holding the still beating VAM heart over their head screaming victory.

Tuesday, November 24, 2015

Case of a Student Publicly Humiliated By a Teacher as a "Joke"

The case below was heard by the NY State Commissioner of Education and not a Judge.

Betsy Combier

Appeal of ROBERT BASIL, on behalf of MARK BASIL, from action of the Board of Education of the Hunter-Tannersville Central School District regarding the conduct of a teacher.
Decision No. 13,929
(May 4, 1998)
Hogan & Sarzynski, LLP, attorneys for respondent, Edward
Sarzynski, Esq., of counsel

MILLS, Commissioner.--Petitioner appeals the refusal of the Board of Education of the Hunter-Tannersville Central School District ("respondent") to direct a classroom teacher to apologize to his son, Mark, for statements that she made about him. The appeal must be dismissed.

According to the petition, on May 2, 1996, Mark, then a high school senior in respondent’s district, traveled with his senior class to Disneyworld in Florida. Prior to departure, respondent’s staff searched the students’ luggage for contraband. No illicit drugs were found.

Later that day, art teacher, Ritamary Vining, informed a senior in her ceramics class that, following the search of his luggage, Mark was arrested for smuggling illegal drugs. She reportedly repeated that information to several other students in her 9th grade studio art class.

On June 23, 1996, petitioner reported the incident to James Gaudette, the high school principal, and, at the request of the principal, identified the students to whom the statements had been made in subsequent correspondence. Petitioner met with Principal Gaudette in August 1996. Three months later, after failing to receive notice that any remedial actions had been taken on his complaint, petitioner requested to meet with the principal and respondent board. Ostensibly in preparation for that meeting, Principal Gaudette requested permission to share petitioner’s letters with Ms. Vining. Petitioner denied his request, citing possible reprisals against the students named in the letters.

Petitioner met with respondent on December 19, 1996, and with respondent’s superintendent on January 12, 1997 and January 20, 1997 concerning an apology by Ms. Vining. Following those meetings, Superintendent Pezak promised that he would attempt to convince Ms. Vining to issue a written apology. On February 12, 1997, Superintendent Pezak notified petitioner that Ms. Vining had refused to apologize. Thereafter, petitioner wrote to respondent and requested that it direct Ms. Vining to apologize to Mark and to recant her statements. On March 6, 1997, respondent informed petitioner, by telephone, that his request was denied.

Petitioner commenced this appeal on March 14, 1997. The petition requests only that I order the Board to direct Ms. Vining to issue the requested apology and recantation. The petition, however, does not name Ms. Vining as a respondent.

Respondent submits a comprehensive response to the petition, detailing the district’s investigation of the matter and efforts to resolve the issues raised in petitioner’s complaint. According to respondent, on July 12, 1996, Principal Gaudette spoke with the senior named in petitioner’s letter. The student substantially confirmed the incident, but added that the matter had been a practical joke, which Ms. Vining had initiated. In addition, Principal Gaudette met with Ms. Vining and the Union President on September 3, 1996. Ms. Vining admitted that she had made the statement, but noted that she had done so in jest. At that meeting, Principal Gaudette informed Ms. Vining that she had demonstrated a lack of professional judgment and cautioned her against repeating such conduct.

Moreover, following petitioner’s appearance before the board, respondent offered to organize a meeting between Mark and Ms. Vining, at which Superintendent Pezak would mediate. Petitioner declined the offer. Later, Superintendent Pezak requested that Ms. Vining consider apologizing to Mark, but she declined to do so upon the advice of the Union and her attorney.

Respondent contends that its investigation was adequate and that it acted appropriately in admonishing the teacher. Respondent further contends that the appeal should be dismissed as untimely and for failure to name a necessary party. In addition, respondent maintains that I lack the authority to direct an apology.
Respondent maintains that petitioner’s appeal is untimely inasmuch as "[t]he action complained of involving the teacher occurred on May 2, 1996, the complaint was not made to the district until June 23, 1996, and the board meeting occurred on December 19, 1996." An appeal to the Commissioner of Education, pursuant to Education Law "310, must be commenced within thirty days from the making of the decision appealed or the performance of the act complained of, unless excused by the Commissioner for good cause shown (8 NYCRR "275.16). The time to commence an appeal runs from the date of the decision under review (Appeal ofRagot, 35 Ed Dept Rep 299; Appeal of Keen, 32 id. 299; Appeal of Magee, 30 id. 479). Here, while petitioner met in executive session with the board on December 19, 1996, respondent did not rule on petitioner’s request for an apology until March 6, 1997, when the superintendent notified petitioner that the board would not direct Ms. Vining to apologize. Thus, the time to appeal respondent’s refusal to direct an apology began to run on March 6, 1997, and this appeal, commenced on March 14, 1997, is timely.

The appeal must be dismissed, however, for failure to join Ms. Vining as a necessary party. The relief requested by petitioner is directed at Ms. Vining, who engaged in the alleged inappropriate behavior. The rights of this teacher, therefore, would be adversely affected by a determination in petitioner’s favor regarding the relief he seeks. Accordingly, she is a necessary party to this appeal and should have been served with a copy of the notice and petition. Inasmuch as petitioner failed to join her as such, the appeal must be dismissed (Appeal of Catherine B., 37 Ed Dept Rep 34; Appeal of Smith, 34 id. 346; Appeal of Sanfilippo, 33 id. 500).

The appeal must also be dismissed on the merits. Petitioner asks only that I direct respondent to order Ms. Vining to apologize and retract her statements about Mark. There is no legal basis for demanding such relief (Appeal of Ingraham, 32 Ed Dept Rep 191). Moreover, to the extent that petitioner seeks my intervention in obtaining an apology from Ms. Vining, petitioner, in effect, is asking that I engage in some form of discipline against the teacher. I have previously held that it is the board of education which has the authority to take such disciplinary action, not the Commissioner. Moreover, the board has broad discretion to determine whether disciplinary action against an employee is warranted (Appeal of Catherine B., supra; Appeal of Cardinal, 34 Ed Dept Rep 76; Appeal of Allert, 32 id. 538), and, where it decides that disciplinary action is not warranted, the board must have a reasonable basis to support its conclusion (Appeal of Cardinal, supra; Appeal of Allert, supra; Appeal of Kantor, 31 Ed Dept Rep 319).

The record before me demonstrates that respondent promptly investigated petitioner’s allegations, met with petitioner on more than one occasion, sought an opportunity to mediate a meeting between Mark and Ms. Vining, cautioned the teacher that further incidents of this nature would not be tolerated and attempted to obtain the apology which petitioner seeks. Therefore, I conclude that respondent’s actions were reasonable and constituted an appropriate response to petitioner’s complaint and request (see, e.g., Appeal of Sanfilippo, supra).

Nevertheless, respondent should be aware that the public humiliation of a student is not acceptable conduct for a teacher (see, Appeal of Ingraham, 32 Ed Dept Rep 191; Appeal of Board of Educ. Of Hoosick Valley Central School Dist., 28 id. 429). The role of the educator regarding the social and emotional development of school age children is as important as the teacher’s role in achieving the academic goals of education. The teacher is responsible for providing academic instruction to children while fostering in them a positive self-image and self-confidence. Here, the teacher admittedly made the disparaging remark about the student. Such action should not be tolerated (see, Appeal of Board of Educ. Of the Hoosick Valley Central School Dist., supra).


THE APPEAL IS DISMISSED.

Sunday, November 22, 2015

Annie Seifullah, Former Sex Goddess and Principal at Robert Wagner Secondary School of Arts and Technology in Long Island City, Runs Out of Automotive HS When Students Find Out About Her Past

Annie Seifullah
Susan Edelman's story in today's New York Post has a much wider sad tale behind it than the hiding of Annie Schmutz Seifullah at Automotive High School in Greenpoint, Brooklyn. Sue Edelman's follow up on this story is to be highly praised. Annie evidently had sex with a security guard, an assistant principal, a parent, and a student while he was attending the school.

Meanwhile, Annie got rid of any teacher who may have seen her doing anything that could be considered wrong. I met with a paraprofessional who is now penniless. She was discontinued soon after she saw Annie walking arm in arm with a male student very early in the morning. Seifullah had his backpack, and evidently tried to look like a student. Another teacher, Hannah Kim, was given a pre-observation and observation by Seifullah the same day, rated ineffective, and terminated by Arbitrator Stephen O'Beirne, who gave every bit of credibility to Principal Seifullah, even to the extent of dismissing the articles in the Post as possibly untrue:

"In this arbitration, the Department seeks to discharge Respondent, contending she is incompetent and incapable of providing a meaningful learning experience for students in her charge. The Department relies on witness testimony; observation reports; disciplinary letters to file; professional development logs; and other documentary evidence to prove its case.

I found all four (4) Department witnesses to be credible and competent...None of them have any reason to testify falsely against Respondent."

and, in a footnote,

"2 As requested by Respondent, I take arbitral notice of the newspaper articles submitted. But those articles do not establish sexual or professional misconduct, only allegations of same. Even if l go further and accept for the purpose of this decision that the allegations are true, I am not convinced the Principal' s misconduct in any way affected Respondent 's ability to meet with her. There is not one email, memorandum or handwritten note to suggest Respondent tried alternate means to communicate with the Principal after unsuccessfully trying to locate her in the school building over the course of nearly five (5) months. And there is nothing in the record to show Respondent tried to schedule inter-visitations or any other type of professional development, either with the help of other administrators or on her own. Moreover, the Principal was removed from her position during the school year after Respondent received an unsatisfactory annual rating at the school."

Kim's Attorney was NYSUT's Maria Elena Gonzalez Lichten; the DOE was Represented by Attorney Jennifer Hard, who, I've heard, is now in Washington DC training to be an FBI Agent.

I wrote about Seifullah previously, see:
Annie Schmutz Seifullah

Principals and Sex in NYC Public Schools - The DOE Must Fire Anne Seifullah

Principal Anne Seifullah changes her image so that she can keep her job amidst sexting and trysts in the school, Robert Wagner Secondary School of Arts and Technology in Long Island City. Take a look at the new picture published in the POST, the second picture below.

In order to keep to their standards of zero tolerance for this kind of activity, the NYC DOE must fire her. The nexus to her job is that she is a role model for all the people in her building, and she decided to have sexual relations, using her power to "influence" other principals, employees and even a parent to do her whatever.

Here is the article in today's Post:

Ex-principal banned for sex scandal back in the classroom


An ex-principal banned from working with students after her involvement in a sex scandal was nonetheless assigned to teach at one of New York City’s worst schools, The Post found.
Annie Schmutz Seifullah, 36, was teaching English at Automotive HS in Greenpoint, Brooklyn — a long-struggling school with 98 percent boys — despite a Department of Education probe into accusations of misconduct after her alleged affair with a parent.
 “It’s like sending a cougar into the cub’s den,” a shocked insider said.
After an inquiry by The Post, DOE officials admitted Seifullah was supposed to be “reassigned away from students” — and that her placement in Automotive HS classrooms this fall “was an error.”
Seifullah “ran out of the building” in distress last Monday when students confronted her about her scandalous history and racy photos allegedly found on her DOE computer.
 “They were harassing her because they found out about her,” said ninth-grader Muhammad Choudhary. “They searched her up, found her on the Internet and told everybody else.”
The DOE said it is now seeking to fire Seifullah, a year after her ouster as principal from Robert Wagner Secondary School of Arts and Technology in Long Island City, Queens.
While Seifullah helmed the school, her ex-lover, the father of a student, accused the married mom of cheating on him with a school security guard and an assistant principal. The dad turned over DOE computers with photos of Seifullah posing in black lingerie and engaged in sex acts and sexually explicit texts on her DOE cellphone.
“Her behavior was unacceptable and inappropriate as an employee of the DOE,” said spokeswoman Devora Kaye. A DOE probe found she misused DOE “technology” and “committed theft of service.”
On May 1, Seifullah was demoted from principal to teacher, and her salary slashed from $142,890 to $66,326. She has tenure as a teacher but not as a principal.
Kaye did not explain how Seifullah wound up teaching at Automotive HS, which is under the gun to improve this year or face a state takeover. A special hiring committee led by Principal Caterina
Lafergola had to review and approve all teachers brought into the school this year.
Mayor de Blasio held a press conference at Automotive to tout his “Renewal program” to pour hundreds of millions into 94 failing schools.
Renewal executive superintendent Aimee Horowitz had to know about the hiring of Seifullah, an insider charged.
“Principal Lafergola would not go to the bathroom without checking with Aimee Horowitz,” the source said. “This was not an error. This was cronyism pure and simple — at the highest level.”
Students said Seifullah came to Automotive to replace a substitute for a teacher who had moved. It didn’t take long for kids to Google their instructor and discover a Post article and photos published after her ouster.
Seifullah has claimed the accusing dad threatened her after she broke up with him and stopped paying his child-support bills. She referred a reporter to her lawyer, Pete Gleason, who declined to comment.

 And then on Google+ we see that Annie has in her circles a man named Justin Stark, the new "ATR Supervisor" from Hell:

Justin Stark
Justin Stark
Phone
(718)935-2000
Anonymous said…I wasn’t emailed anything and I am an atr. But the disgusting and gross and incompetent field supervisor Justin Stark delivered my first u rating ever to me in person. I have been teaching twice as long as him and he gave mea a u. He has made this year so miserable for me – I can’t wait to leave – I am a good teacher and a good person and I will be leaving sooner rather than later because I can’t work for an organization that treats good people so badly and lets scum like Stark rule the world. Where is my email?
Anonymous said…
perfect blog! right on – we must get rid of this travesty – the ATR field supervisors are beyond horrendous and terrible – they are terrible people who do terrible things to good people and they should all be put in a padded room to rate each other. the union needs to do something fast – Stark is ruining people’s lives.
Anonymous said…
Justin Stark is a the terrible field supervisor that is making people miserable and jeopardizing our careers and our health from the stress that he is causing us.
**********************************************
Just askin': is Mr. Stark the reason, or a player in this production, where Annie Schmultz Seifullah got a job at Automotive High School without the NYC Department of Education knowing?
**********************************************
I also spoke with the dad who had an affair with Annie, and he told me that Peter Gleason told him that Annie will be coming to his custody trial to testify against him.
Of course she is.
On May 8, 2015 I filed a Freedom of Information request for the OSI report on Ms. Seifullah, and have never received any response from the NYC DOE FOIL Director, Joe Baranello:
Betsy Combier, Editor / Reporter 
NYC RUBBER ROOM REPORTER
                                                                                                                                                                                                                                                                       
May 8, 2015

Mr. Joseph A. Baranello
Central Records Access Officer
Office of the General Counsel
New York City Department of Education
52 Chambers Street
New YorkNY 10007
 
JBaranello3@schools.nyc.gov
FOIL@schools.nyc.gov

Dear Mr. Baranello:

Under the provisions of the New York Freedom of Information Law, Article 6 of the Public Officers Law, I hereby request to receive E-mail copies of:

1) any and all documents, letters, emails, videos, tapes, or pictures relating to the investigation of Principal Annie Schmutz Seifullah of Robert Wagner Secondary School of Arts and Technology in Long Island City.

2) The complete investigation with all notes and recommendations  that relate to OSI case #14-03690X.

3)  Any and all disciplinary decisions, comments or other documents with the name "Annie Seifullah" mentioned in any way.

If the records have been removed from their original locations, please cause a diligent search to be conducted of all appropriate file rooms and storage facilities.

If any record has been redacted, please identify which categories of information have been redacted, and cite the relevant statutory exemption(s).

If you have any questions relating to the specific record(s) or portion(s) being sought, please phone so that we may discuss them.


RELEVANT ADVISORY OPINIONSwww.dos.state.ny.us/coog/ftext/f13952.htm

www.dos.state.ny.us/coog/ftext/f14287.htm 

RELEVANT LOCAL LAW

As you know, the Freedom of Information Law requires that an agency respond to a request within five business days of receipt of a request.  Therefore, I would appreciate a response as soon as possible and look forward to hearing from you shortly.  If for any reason any portion of my request is denied, please inform me of the reasons for the denial in writing and provide the name and address of the person or body to whom an appeal should be directed.

                                                                   Sincerely,


                                                                   Betsy Combier

Are you hiding something from the public, again, Joe?

Wednesday, November 18, 2015

Friedrichs v California Teacher's Association Could Affect All Public-Employee Unions


This Supreme Court Case Could Significantly Weaken Teachers Unions

Here’s a crash course in the case.Posted: 10/23/2015 02:37 PM EDT


This piece comes to us courtesy of EdSource, where it was originally published.
Teacher Ken Tray, right, holds a sign at a Prop. 30 rally in San Francisco, Calif. on Saturday, Oct. 20, 2012. The California Teachers Association, one of the state's most influential political players, joins Gov. Jerry Brown for a weekend of rallies throughout the state in support of his November tax initiative and to oppose a separate initiative
that would undercut union clout. (AP Photo/Mathew Sumner)
Sometime in early 2016, the U.S. Supreme Court will hear arguments in Friedrichs v. the California Teachers Association et al., a closely watched California-based lawsuit with major implications for the state’s teachers unions and potentially all public-employee unions. The lawsuit challenges the authority of the CTA and other public-employee unions to collect mandatory fees, a main source of their income and, by extension, their power. Here’s a crash course in the case.

WHAT IS FRIEDRICHS V. CALIFORNIA TEACHERS ASSOCIATION?

Friedrichs is a lawsuit brought by 10 California teachers and a teachers group, Christian Educators Association International, that the U.S. Supreme Court has agreed to hear. The plaintiffs want the court to overturn a four-decades-old court decision in Abood v. Detroit Board of Education. That ruling said states could require all employees represented exclusively by a public-employee union to pay “fair-share” or “agency” fees  an equal portion of the bargaining costs related to wages, benefits and working conditions. Even employees who aren’t members must pay these fees, although if the plaintiffs prevail, dues and fees for members and non-members would no longer be mandatory. Dues that union members pay include an additional, voluntary amount that covers the union’s costs of campaigning for candidates who back the union and lobbying for issues that a majority of members view as important.

WHO WOULD IT AFFECT?

Half of the states, including California, have adopted laws establishing mandatory “fair share” or “agency” fees employees pay to unions. The remaining 25 “right to work” states either prohibit collective bargaining by public workers or ban mandatory dues. Although the case directly involves the CTA, and, though not a defendant, the smaller California Federation of Teachers, a decision could affect all unions representing public workers, depending how narrowly or broadly the Supreme Court rules.

WHO IS FRIEDRICHS?

Rebecca Friedrichs is the lead plaintiff, an outspoken opponent of her teachers union who agreed to let her name become identified with the case. Friedrichs has taught elementary school for 28 years, mostly in the Savanna School District in Anaheim.You can listen to her discuss the case here, read a Q&A with her here,and read a commentary by her in the Orange County Register here.

WHY IS FRIEDRICHS SUCH A BIG DEAL?

A victory by the teachers who filed the suit could significantly sap the financial strength and undermine the bargaining and political clout of the CTA and other public-employee unions by making all union dues voluntary. Unions would have to persuade employees to voluntarily pay hundreds of dollars to a union that is legally obligated to represent both members and non-members.
About 29,000 teachers – slightly less than 10 percent of the CTA’s members – pay fair-share fees. If many of the remaining 90 percent of teachers stopped paying dues, the loss would jeopardize CTA’s ability to adequately serve its members as well as the tens of millions of dollars the CTA and other powerful unions spend campaigning for union-friendly school board members and legislators. Two years after legislators rescinded Wisconsin’s mandatory fees statute, in 2011, a third of that state’s teachers had stopped paying dues.

HOW MUCH OF DUES GOES TO POLITICKING?

For California teachers, about $600 of their average $1,000 annual dues goes toward their fair-share fees; it is divided among their local union, the California Teachers Association and the National Education Association for their expertise and representation. The remaining money pays for lobbying and campaigning at the local, state and federal levels. Public-employee unions have been a key supporter of the Democratic Party in California and nationwide.

WHO IS UNDERWRITING THE CASE?

The Center for Individual Rights, a Washington, D.C.-based public interest law firm whose mission is “the defense of individual liberties against the increasingly aggressive and unchecked authority of federal and state governments.” It has pursued lawsuits seeking to ban affirmative action and racial and gender preferences, including California’s Proposition 209. 

WHAT ARE THE ARGUMENTS FOR OVERTURNING MANDATORY FEES?

Friedrichs and the other plaintiffs argue that agency fees violate their First Amendment rights, because bargaining with the state is no different from lobbying; it’s all “inherently political.” They say that the CTA doesn’t represent their interests on bargaining issues covered by fair-share fees. Therefore, the state shouldn’t force them to financially underwrite a union they disagree with. “Whether the union is negotiating for specific class sizes or pressing a local government to spend tax dollars on teacher pensions rather than on building parks, the union’s negotiating positions embody political choices that are often controversial,” states the Center for Individual Rights,which is representing the plaintiffs.

WHAT ARE THE ARGUMENTS OF THE DEFENDANTS, THE CTA AND THE STATE OF CALIFORNIA?

They say the court struck the right balance in Abood, in concluding that the state as an employer is well served when there is a stable and orderly system to convey the views of workers. Since unions must represent members and non-members, it’s appropriate to require all who benefit from negotiations to share the costs. The loss of money from “free-riders” – those who benefit without paying – would threaten a union’s ability to effectively represent employees.
Unions also argue that they represent the views of the majority and those who disagree have the ability to make their views known. The plaintiffs “are simply wrong in declaring that it ‘does not make a First Amendment difference’ whether speech is part of lobbying the Legislature to enact a law or of negotiating a contract with the public employer,” the CTA said in a brief to the Supreme Court.

WHEN WILL THE CASE BE HEARD?

The Supreme Court has not yet set a date for oral arguments, which means probably early next year with a decision no later than the end of June. Organizations and individuals supporting the plaintiffs have already filed two dozen amicus briefs.

WHO MIGHT BE THE DECIDING VOTE?

In this case, it’s not Justice Anthony Kennedy, who usually is the swing vote in 5-4 cases, but conservative Justice Antonin Scalia. In a related 1991 Supreme Court decision, he wrote that mandatory fees were a permissible solution to the problem of free-ridership. “Where the state imposes upon the union a duty to deliver services, it may permit the union to demand reimbursement for them; or, looked at from the other end, where the state creates in the nonmembers a legal entitlement from the union, it may compel them to pay the cost,” he wrote. Circumstances and the arguments haven’t changed much in the past 25 years, so Court watchers are wondering how Scalia would justify reversing his position.
Justice Antonin Scalia


HOW DO CALIFORNIANS VIEW THE ISSUE?

Voters defeated an initiative to turn California into a right-to-work state in 1958, the last time they voted directly on the issue. However, like a seven-year itch, individuals and business groups seeking to reduce the political power of unions have unsuccessfully funded “paycheck protection” initiatives – in 1998, 2005 and 2012. They would have banned automatic dues deductions for political purposes, and in the 2012 version, prohibited businesses and unions from making any campaign contributions to candidates. Friedrichs would go further by banning mandatory dues deductions for any purpose.  

OTHER THAN OVERTURN ABOOD, WHAT ELSE MIGHT THE COURT DO?

Every fall, California teachers who don’t want to join the union must fill out a form stating that; otherwise, the union automatically deducts the full union dues from their paychecks. Attorneys for the teachers argue the onus should be on the union to ask them to belong, and so, as a fallback position, have asked the court to require that unions ask employees to affirmatively opt in every year to pay agency fees, instead of having to opt out of automatic dues collection.

HOW DID LOWER COURTS DECIDE?

They didn’t, really. Lawyers for the plaintiffs acknowledged that their lawsuit hinged on having the Supreme Court reverse its prior Abood decision and so asked lower courts to expedite their rulings so they could quickly appeal to the Supreme Court. The federal district and 9th Circuit Court of Appeal did, without hearing full evidence and oral arguments. California Attorney General Kamala Harris argued the lack of a record showing the teachers were harmed was one reason the Supreme Court should not have taken the case.