Tuesday, February 20, 2018

WEST VIRGINIA TEACHERS PLANNING "ILLEGAL" STRIKE THURSDAY AND FRIDAY FOR HIGHER PAY AND IMPROVED HEALTHCARE

The notion of a teachers' strike, which seems so 20th Century here in NYS as we have the anti-worker Taylor Law that makes strikes by public sector employees in this state illegal, is not so crazy in West Virginia. Teachers are ready to walk off the job on Thursday and Friday in W.VA. It's illegal in W.VA. for teachers to strike. They don't care.

This is a Republican state where Donald Trump got close to 70% of the vote in 2016. In "progressive" NY, we won't even contemplate the notion of possibly thinking about any kind of job action. Wonder why we are so easily pushed around these days in the Empire State, particularly in NYC?

Here is a summary of the strike situation in W.VA. from In These Times:
Teachers and service personnel across West Virginia are planning to strike on Feb. 22 and 23 in an effort to boost pay and lower their increasing healthcare costs. It will be the first statewide walkout in nearly 30 years.
The strike was announced by the American Federation of Teachers-West Virginia and the West Virginia Education Association (WVEA) during a weekend rally at the state capitol in Charleston that attracted teachers and other public sector employees and supporters. Hundreds also showed up at the capitol on Feb. 2, where they sang “Na, na, na, na, na, na, na, na, hey, hey, goodbye!” while Tim Armstead, Republican Speaker of the W.V. House of Delegates, gave a speech on the House floor. At this past weekend’s rally, WVEA President Dale Lee declared that all 55 of the state’s counties were prepared to stand united. “The entire state of West Virginia will be shut down,” declared Lee, whose union is an affiliate of the National Education Association.
According to a 2017 study that ranked each state’s average teacher salary, West Virginia is the sixth worst in the country. On average, the state’s teachers make $45,477, compared to first-place-ranking Alaska, where teachers make $77,843. W.V. teachers want the state to fund the state’s Public Employee Insurance Agency (PEIA) and increase their salaries. The state’s House of Delegates has voted to give public school teachers 2-percent raises next year and a 1-percent raise over the next three years, while the state’s Senate has approved a 1-percent raise, every year, over the next five years. Union representatives believe these raises are inadequate, especially when considered alongside the rising costs of healthcare.
Kym Randolph, director of communications for the WVEA, tells In These Times that dissatisfaction has been brewing for years. “It’s a number of things,” says Randolph. “PEIA, lack of salary, years of neglect, anti-worker policies … healthcare that’s inadequate.” According to Randolph, lawmakers have become “entrenched” on the issue of teacher salaries and are difficult to persuade.
According to World Socialist Web Site, the West Virginia movement for action came from the ground, not from union leaders:
“This whole movement has been from the bottom up and I’m going to do my best to make sure that we demand actions that will benefit all West Virginia public employees and West Virginia’s children,” Nicole McCormick, a Mercer County teacher, told the World Socialist Web Site.
McCormick, who emphasized that all public employees need a substantial pay raise, continued, “I feel, and many others as well, that now is the time to harness this historic opportunity to demand what will progress and redefine West Virginia.”
Around the state there were reports that teachers were threatening to leave the unions if they failed to call a strike, while others called for broader strike action by public-sector workers who are all affected by the state’s move to increase health expenses.
In 1990, 22,000 teachers defied Democratic Governor Gaston Caperton and the state’s ban on teacher walkouts, striking for 11 days in the state’s only official teachers’ strike. Conditions for educators today are the same, or worse, than they were three decades ago when their pay was 49th in the nation.

Expressing the militant mood, reading teacher Karen Stroup declared, “Without us, the state of West Virginia would shut down,” according to local media coverage of a rally in the eastern panhandle town of Charles Town last Friday. “We’re not out here just for teachers,” Jamie Bowden, an English teacher, was quoted as saying in a report in the Journal. “We’re here for all employees in West Virginia, because what’s going on in the legislature affects all of us.”

On the illegality of the strike, this is from MetroNews:

West Virginia last had a widespread teacher strike in 1990.  The walkout lasted 11 days and shut down schools in 47 of the state’s 55 counties. It ended on March 17th when Governor Gaston Caperton, legislative leaders and union representatives announced a settlement.
It’s worth noting that the 1990 strike was illegal.  Then-Attorney General Roger Tompkins, in an opinion delivered to then-State School Superintendent Hank Marockie, said that “There is no right to strike against the state.  Thus, any strike or concerted work stoppage by public teachers of this state is illegal.”
Tompkins opinion was based on a series of previous rulings by the Attorney General’s Office, as well as court decisions.  He cited a 1970 federal court decision supporting Governor Arch Moore’s decision to fire striking State Road Commission employees.
The court ruled that “to permit a strike by public employees at any level is inconsistent with the orderly process and sovereignty of government.”
Tomkins further found that teachers who strike are failing to fulfill their contract and could face disciplinary action.  “A county board may suspend or dismiss a striking teacher for insubordination or willful neglect of duty” under state law.
During the 1990 strike Governor Caperton threatened action against the teachers, but never followed through.  Lee says teachers today are not worried about possible ramifications of a work stoppage.
“Let’s say you fire 15,000 people… how are you going to replace them?”  Lee asked.  “That’s not really an issue in making the decision we are going to make.”
You see dear readers there is a moral in this story: We have the power if we would just get up and use it.

18 comments:

Anonymous said...

Not with the salaries people in the UFT are making. Apples and oranges.

James Eterno said...

On salary you are mostly correct 1:20. We do not have our raises negotiated statewide.

However, on other issues like testing and teacher evaluations we would have huge support. Until we are ready to build to something real and at least be able to credibly threaten action, we are easy victims of school reformers.

On salary, the high cost of living in NYC has to be taken into account. Comparisons with Yonkers and other municipal employees here in NYC can also be used in making our case for decent raises as can the city surpluses.

Anonymous said...

As a long time NYC teacher, I have no problem at all going on strike here. I am willing to get docked 2 days pay for each day that I strike. I know it is illegal but it would be a form of civil protest. However, if the UFT organized a strike, (Which they will never do), the head honchoes could be thrown in Jail. Mulgrew has too much caviar and champagne at 52 Broadway to enjoy and as such, he is not going to organize a strike. Now, could there be a strike "organized" by individual teachers or a caucus within the UFT? I say yes it is possible but it is a long shot. Newbie teachers would not be willing to loose 2 days par for each day they strike. Plenty of veteran teachers would not be willing to strike for fear of admin retaliation once the strike is over. Any strike or job action for even a day or 2 would throw NYC schools into chaos. But the fact is that chaos might be what is needed to get the change we need. Oh yeah, is MORE still planning on putting out a petition to change our eval system?

Anonymous said...

MORE couldn't care less about evaluations. It is not a social justice issue. It mainly affects teachers.

Anonymous said...

MORE does care about evaluations. They have been pushing the DA with resolutions to get changes to it. I do believe they will put a petition out that would get a shit ton of signatures. This petition is needed now more than ever. We have a chance to get this done at either the sate level for gutting AAPR and or we can get 2 evaluations here in NYC in the next contract. We can't keep our heads in the sand on this. Too many NYC teachers are chatting about paid maternity leave. That is all fine and dandy, be a change to our evaluation system is a hundred times more crucial as it effects every single teacher in our schools.

Anonymous said...

More has no ability to organize the membership or the balls to get anything done. They care "more" about blm than uft members. Jia is a waste. More can't be trusted. A new opposition caucus is needed.

Anonymous said...

Slightly off of the topic, but everyone should read Eliza Shapiro's article. It
is quite interesting and quite frightening. What is the UFT doing to make sure that such an anti-teacher chancellor is appointed in the future?

https://www.politico.com/states/new-york/city-hall/story/2018/02/20/this-is-how-carmen-farina-works-outgoing-chancellor-lead-from-inside-schools-261304

Anonymous said...

I agree with Anon 11:09 that MORE does not seem to understand that this is a union of educators and in these trying times we need to focus on matters that concern and unite our profession, not divisive issues that can weaken our union. That said, in terms of striking how many educatirs do you think would actually go weeks or months without pay? Probably less than 10%. Those strikes in the ‘60’s occurred when most Americans lived in one bread winner households and the system was set up that one person could support a family of four. Not anymore. Many educators live paycheck to paycheck. Many have mortgages, kids in college, auto loans and other family obligations. I’ve been in this union for over 25 years and as a former CL I actually polled my members about a strike years ago and besides myself only one other person was willing to strike if necessary(her husband was a broker on Wall Street) and I had a strong chapter. Times are different and the politicians know it. Any talk about a strike nowadays is pure rubbish, unless they try to take away tenure or cut salaries by 20% or make us pay $8000 medical insurance premiums.

Anonymous said...

We need a teacher justice caucus not a social justice caucus. Bring back ICE! We need true teacher leaders not a semi professional group of protesters. I'm ready to strike and so are all of my friends in the pool. More is a disappointment.

James Eterno said...

Tenure has already been weakened. Health care costs keep rising and we are sitting ducks in many schools at the hands of abusive administrators.

We are totally not prepared for a strike. That buildup would take months, maybe years. However, we have to start somewhere and until we have at least a credible threat of a job action, we will watch our working conditions continue to deteriorate as they have consistently in the 32 years I have been in the system, especially since 2005.

To set the record straight, it was me, not MORE, that introduced two motions at DA on eval. Jan 2017 was for UFT to push for two observations for teachers. Unity said no. Jan 2018 was to scrap entire evaluation system. It was influenced by NYSUT RA resolution that passed unanimously there. Unity voted that down too. I did both independently at DA without MORE approval. I think they would support both but MORE had other priorities. MORE did ask for UFT to push for or two observations for most teachers at Exec Bd.

ICE still exists as this blog shows. We have supported MORE since MORE started but that does not have to be forever if people are so inclined.

Anonymous said...

I agree. Ice represented teachers better than more. Kind of tired of the social justice focus. Whst about teachers. I voted Ice before more. I probably won't vote in the next election. I wish ice was still around.

Anonymous said...

Where are you, MORE, on gun control. It’s getting hard to take you seriously right now. You’ve got plenty of time for stunt proposals 2 years after a movement has fizzled. Bur, what about striking while the iron is hot?

Anonymous said...

Still waiting on that MORE evaluation petition. Anybody out there???

Anonymous said...

The WV citizens should be outraged and legal action with fines and/or dismissal against any teacher participating in this illegal strike. Breach of contract. The State of WV is already strapped for road money after a terrible winter with massive flood damage AND the taxpayers are being ruined by their own health care increases.

Anonymous said...

Hs teachers want to vote for ice. More has betrayed us. We need ice leadership again.

Anonymous said...

I don't give a shit who is charge as long at it is not Unity.

Anonymous said...

Imagine if we had real unions at the state and national level. Instead of always giving back and giving in we just might have a legislative agenda that permits a right to strike. The job action is one of the few weapons we have . We gave that up a long time ago. No one even talks about getting it back. Is it any wonder why we are facing an adverse decision in Janus ?? Members should keep paying dues, Why ?? Oh I forgot it would be so much worse without NYSUT. Maybe I would have to go clean my bosses house on the weekend. Please...

Our Tired Teachers said...

The plight of our teachers in West Virginia is so ludicrous it is depressing. Legal or not, the actions of West Virginia teachers are the only way we are ever going to truly change education and the working condition of teachers.

For those who complain about their strike, think of it this way. How much of your salary are you expected to pay to cover your basic insurance costs such as health and dental? Is it 2%? 10% For teachers in non-union negotiated contracts, the costs are outrageous.