M. Spencer Green / AP
Chicago Mayor Rahm Emanuel speaks during a news conference at Tarkington School of Excellence in Chicago, Tuesday, Sept. 11, 2012 as Vincent Iturralde, right, principal at at Tarkington listens.
Chicago Mayor Rahm Emanuel said yesterday that he believes the two key issues in the Chicago Teachers Union strike are legally "non-strikeable," the Chicago Sun-Times reported on Tuesday. Of teacher evaluations and the rehiring of fired teachers, he said, "the legal answer is, they’re not allowed to be strikeable on it. Those are the two final issues that we’re dealing with of significance." However, he added he would rather bargain with the union than fight a legal battle against it.
Martin Malin, a professor at Illinois Institute of Technology's Chicago-Kent College of Law, said that such a battle would be "uncharted legal waters." When Lean Forward asked Malin if Emanuel was right and the CTU strike was illegal, he burst out laughing. "There's enough legal ambiguity here to fill a law school final exam," he said. "The answer is maybe. We're dealing with probably uncharted territory here."
"Strikes are legally protected only if they are over mandatory subjects of bargaining," University of Oregon Professor Gordon Lafer, an expert in American labor law, told Lean Forward. Mandatory bargaining subjects vary by state and industry; in Illinois, mandatory bargaining subjects for public school teachers are outlined in the Illinois Educational Labor Relations Act, or IELA. In June of last year, Illinois Governor Pat Quinn approved the law SB7, amending the IELA so that several new bargaining subjects were explicitly labeled "permissive" instead of mandatory.
If certain bargaining subjects are permissive, said Lafer, "they can be part of the negotiations, but one can't strike exclusively over these issues." SB7 made the length of the school day and year permissive [PDF]. Section 4.5 of the IELA stipulates that class size and "[d]ecisions to layoff or reduce in force employees" are also permissive.
"It's important to know that it is very, very common for people to strike over a disagreement that involves more than one issue, where some of the issues are mandatory and some are permissive," said Lafer. "The law says that it is not legal to strike if the strike is only over permissive subjects."
In a terse statement replying to Emanuel, the Chicago Teachers Union said, "The union is not on strike over matters governed exclusively by IELRA Section 4.5 and 12(b)." As previously reported, CTU's demands include stipulations about compensation, benefits, and classroom air conditioning.
"While new Illinois law prohibits us from striking over the recall of laid-off teachers and compensation for a longer school year, we do not intend to sign an agreement until these matters are addressed," said CTU President Karen Lewis in her statement announcing the strike.
Some rank and file CTU members have been open about the fact that their grievances go beyond mandatory bargaining subjects. "The law says we can't negotiate directly on student conditions," Xian Barrett, a Chicago school teacher, told Lean Forward. "But ultimately, to us—not union leadership, they have to comply with those rules—but to us rank and file, that's unconscionable."
In order for Emanuel to take legal action against the union, he would need to file for an unfair labor practice complaint with the Illinois Labor Relations Board. "The labor board would have to decide whether there's enough there to issue a complaint," said Malin. If there is enough for a complaint, the board would then have to decide whether to request an injunction on the union from a circuit court. And even if the circuit court granted the injunction, it wouldn't stop there.
"I would imagine, if a circuit court granted an injunction, the union would immediately file a notice of appeal and an emergency notice to stay the injunction," said Malin.
Ultimately, Malin said, Emanuel would have to consider both the legal and political implications of a court battle. "The mayor is damned if he doesn't, damned if he doesn't," he said. "If he doesn't [file a complaint], he's subject to political attack that he's not doing everything he can to open the schools. If he does, he opens himself to comparisons to the late 19th, early 20th century, when court injunctions were a favored legal tactic to bust unions."
However, Malin thought that the strike could have serious legal implications for the union going beyond just an injunction. "If the current strike turns out to be lengthy and gets messier, I would not be surprised if there's a call for further legislative restrictions on CPS [Chicago Public Schools] employees' right to strike," he said.
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WHY? is Rahm Emanuel, a Democrat, fighting against the teacher unions instead of working with them to solve the problems in some sort of compromise. I know I would not want to be in a classroom of between 22-32 students with no air conditioning-- in no way is that conducive for learning--it's bad for both the teachers AND the students--Parents should fully support and back this.
And, in NO Way is it fair to evaluate teachers based soley on the student's testing scores--there are too many personal and socioeconomic variables relating to home life that impact student abilities and achievement, especially in disadvantaged communities to make this a fair assessment, and doubly of concern in school districts where there are not even enough resources & materials for students to learn, OR where there are not enough social resources such as Social Workers and Counselors in each school to help support the students and teachers when there are personal, family, &/or educational problems identified in the disadvantaged students and communities.
WHAT is wrong with Rahm that he is fighting this instead of working it out for both the teachers AND students?!?
Not only a democrat, but an extreme leftist at that. Maybe the funny thing is that obama has yet to take a position. Why do you suppose that is?
Rahm Emanuel wants to use test scores to determine teacher pay.
That is corrupt because an inferior teacher working in a magnate school with the best teaching supplies will have students that will perform better than a superior teacher working in an impoverished school that has no teaching supplies.
Rahm will come up with a practical approach that isn't corrupt if he wants to end the strike now that he screwed up and gave the union a legal excuse to start one.
"walk on that picket line"
http://www.youtube.com/watch?v=SA9KC8SMu3o
Yesterday's Gone
http://www.youtube.com/watch?v=S0ZJTbuFxjk
kiwani,
Deadfish is playing a little political game with the Teacher's Union and Chicago. You are asking all the right questions. Keep asking them and the truth will come to you. I will give you a few more to ask.
1 Why did Deadfish not ever come to the negotiation table, and sent out of town lawyers in his stead?
2 Why hasn't Slack jawed Obama made a statement on the plight of the Union?
Here is my guess. These two are political heavys. They know the game and they play it well. They know Illinois is SOLID for Obama. There is nothing they could do in the next 6 weeks that would jepardize Illinois for the Democrats. They also know that Scott Walker and Chris Christies stock (popularity) has risen because they have faced and BEATEN the Unions. They beleive that if they can do the same to the Teachers Union, that Obama's popularity will go up in swing states with the folks on the fence. In the end the Teachers Union will loose and Obama and Deadfish will ride to the rescue of the 'Children'.
That's my best guess to your questions. Keep asking them. The truth has no agenda.
Many students in the 60's and 70's were in 30 plus classrooms with no a/c and did quite well. Could it possibly have been the lack of diversity?
Nope it was when the GOP decided to fix a problem that didn't exist that education started falling apart in the US. Not to mention the school system you are talking about were training students for industrial work which changed when Reagan put the US on a service economy.
No these were college bound students. none of this stuff we taxpayers keep throwing money toward today. Kids with initiative and parents who cared. I can predict or would love to see a movie titled, "The Day the EBT Card Stopped Working".
"If the machine of government is of such a nature that it requires you to be the agent of injustice to another, then, I say, break the law."
Henry David Thoreau
You must be carefully about who and what you vote for as leaders. Be extra carefully about the company you keep because they may be out to do you hurt. This crack down at the capital is a prime example. The Chinese government are notorious for this action because it limits the people power
Teachers in the 60s and 70s didn't have to deal with clowns that want to use student test scores to determine teachers pay.
That is discriminatory because the same test will be used to determine teacher pay in magnate schools with the best teaching supplies AND in impoverished schools with no teaching supplies.
The fact that nobody has figured out a fair way to use test scores to determine teacher pay is the reason school districts still use seniority to determine pay.
Bill(Smartee)3: Do you have air conditioning in your place of work? Have you ever been in a small classroom with 22-30 young kids who have been out running around on the playground for 30-45 min, and then they all come back in hot & sweaty with no air circulating??? I have. And I would not want to be required to do that, smell that, suffer that every single school day...and then then littler ones go out a couple times/day to-boot......yuk.
Besides, how can a teacher be expected to concentrate on kids learning when s/he is sweating to death, dripping all over everyone in a small box room [sometimes, many of the windows do not even open very far]....I'd like to know that?? It's different than it was 30yrs ago when we were in school--it's not the same, and no one should be expected to work under those conditions. And, since most teachers are females, what if that teacher also happens to be going through menopause, hhmm? Hot flashes are bad enough alone, let alone with no air! Get Real.
Where is Big Eddie's response. Is'nt he for the "working" people? Why is'nt he broadcasting his show from Chicago? Standing tall with the Teachers Unions If Rham E had a (R) behind his name, all of the MSNBC line up would be in Chicago standing up for the "American People"
Big Eddie is a coward and a hyprocrit. He is not for the working people. He is about ratings. Where is his call for Obama to step in and solve this crisis. What about the kids? All of those minority children not being educated. THe mothers can't go to work? Where is Al Sharpton and Jesse Jackson?
This strike scenerio is what the Dems lives for if the leader was a Republican. They all should make you puke.
He was too embaressed by Wisconsin.
And before I'm corrected...it is embarassed.
http://www.prwatch.org/node/11738
News
Wisconsin Lawmakers Exploit Loophole to Hide ALEC Ties
by Brendan Fischer — September 5, 2012 - 8:00am
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Wisconsin state legislators are routinely deleting emails concerning their involvement with the controversial American Legislative Exchange Council (ALEC), exploiting a loophole that exempts the Legislature from records retention rules that apply to all other state and local government officials.
For more than a year, we at the Center for Media and Democracy (CMD), a nonpartisan watchdog and reporting group, have been tracking ALEC, which lets private corporations and think tanks vote with state legislators to approve "model" legislation for introduction in statehouses across the country.
ALEC's influence on Wisconsin politics is profound. At least 49 current Wisconsin legislators are known ALEC members, and at least 32 bills or budget provisions introduced in Wisconsin's 2011-2012 session include language from ALEC.
But some legislators would prefer that Wisconsinites not see documents revealing the extent to which they are working hand-in-hand with ALEC.
Last December, the CMD submitted requests under the state's open records law to ALEC member legislators seeking emails and other records related to the group. Their responses revealed that legislators are either not complying with the records law or are actively deleting ALEC-related records.
Rep. Scott Suder, R-Abbotsford, a longtime ALEC member and the group's state chair for Wisconsin, denied having a single ALEC-related record in his entire office or email system. But records released by other legislators show that Suder was a recipient of emails sent from ALEC to members of the Wisconsin Legislature.
Sen. Scott Fitzgerald, R-Juneau, issued this reply to a more recent records request from Common Cause: "If we did receive materials (from ALEC), either electronically or via mail, those materials were discarded upon receipt."
Deleting public records may appear deceptive, but under Wisconsin law, it is permissible. The Legislature has specifically exempted itself from the requirement that public officials preserve official records. That means lawmakers -- but not any other state or local official -- can destroy emails that might be embarrassing or incriminating, as long as there is not a pending records request.
Sen. Jim Holperin, D-Conover, introduced SB 428 last fall to close this loophole and make legislators subject to the same retention rules that apply to all other public servants. But despite having some bipartisan support, the bill died in committee.
What do Wisconsin legislators have to hide?
Information that has been released through open records requests show corporations making earmarked donations to fund flights and hotel rooms for Wisconsin legislators who attend ALEC meetings. CMD believes this may violate state ethics laws and has filed a complaint with the Government Accountability Board.
Evidence uncovered through other requests prompted a former IRS official, Marcus Owens, to file a complaint with the IRS charging that ALEC has violated its charitable status
Perhaps because "sunlight is the best disinfectant," ALEC is apparently trying to sidestep transparency laws. In recent months, it has stopped sending legislators proposed model bills and meeting agendas via email. ALEC is now sending its members a link, which expires within 72 hours, to an Internet drop box where they can access the relevant documents, potentially concealing these documents from open records requests.
Wisconsin's open records law unambiguously states "that a representative government is dependent upon an informed electorate" and that "all persons are entitled to the greatest possible information regarding the affairs of government and the official acts of those officers and employees who represent them."
These efforts to destroy and disguise records about ALEC's lobbying, gifts and influence defy our state's proud history of clean and open government.
He very well may go right to Chicago to be with the teachers who are striking. That is the type of thing Ed Schultz does to support the average workers, the middle class workers in this country. Ed fights for them. Teachers have every right to count on decent retirement plans and being fairly evaluated. Fairness is what most Americans want.
I generally support teachers, but the Chicago school system is failing kids. They aren't graduating with the necessary skills. There is something wrong with a system that says you have to hire teachers who aren't the best choice. Not all people make good teachers. Our kids deserve to get the best, especially since Chicago pays teachers well compared to rest of nation. The evaluations based on kids results isn't exclusive. The evaluation includes some basis of kids improvements. that's not completely bad. it's just difficult. Teachers have so many judges and you want to protect the good ones from irrational criticisms. But there are teachers who are stuck on the rolls who don't teach well and keep doing so for years and years. Needs to be fixed.
Pink Floyd - Another Brick In The Wall (HQ)
http://www.youtube.com/watch?v=YR5ApYxkU-U
Schools out
http://www.youtube.com/watch?v=qga5eONXU_4
The Voice
http://www.youtube.com/watch?v=-umqM9R8cnI
My Old School
http://www.youtube.com/watch?v=Sq8OU-7JDFA
School Days
http://www.youtube.com/watch?v=DHG5-GxI_Es
http://www.msnbc.msn.com/id/45755822/vp/48996008#VpFlash
Raum Emanuel has his tit caught in the wringer, this guy is a republican in democratic clothing, get a job. Hey Emanuel get your ticket straight next time alright??
Good Morning Little School Girl
http://www.youtube.com/watch?v=Zj293l5w2MU
Rahm is headed for the same fate as Mayors Byrne and Bilandic..the road won't be as smooth next time he runs,
Hey Little Schoolgirl
http://www.youtube.com/watch?v=5ctMcd7om58
Ed Schultz did his best in Wisconsin and the best news was that Democrats took the Senate by one vote so that now it won't be a rubberstamping assault on workers unions and fair and just policies any longer for that Koch backed Governor Walker. He has been stopped and we sure aren't hearing much from there now that he does not have the Senate.
Andrew Klavan: Behold! Your Public Sector Unions at Work.
http://www.youtube.com/watch?v=su4PwZCWUdg
The Senate's next meeting is after the election in Wisconsin, so that seat meant nothing.
How bad is Wisconsin compared to the rest of the country?
Of the lowest unemployment rates of the top 25 states Wisconsin is #17. There are 15 Republican governors in the top 25 lowest unemployment and 9 Democrat governors in the top 25 lowest unemployment.
There are 28 Republican governors and 21 Democrat governors.
Of the highest unemployment rates of the bottom 25 states there are 13 Republican governors and 11 Democrat governors. Rhode Island is the only state that is
Independent and it is #50 in unemployment. The District of Columbia is of Democratic Affiliation and is #48. I guess that gives the Democrats 13 places that are in the bottom 25 states. Pretty clear to me, but I'm working off of facts and common sense.
Republican governors comprise 60 percent of the top 25 states that have the lowest unemployment.
Democrat governors comprise 36 percent of the top 25 states that have the lowest unemployment.
Republican governors comprise 52 percent of the bottom 25 states that have the highest unemployment.
Democrat governors comprise 44 percent of the bottom 25 states that have the highest unemployment.
Republican governor comprise 56 percent of the governors in the USA.
Democrat governors comprise 42 percent of the governors in the USA.
http://www.bls.gov/web/laus/laumstrk.htm
http://www.statehealthfacts.org/comparemaptable.jsp?ind=943&cat=1
Wisconsin's unemployment rate was 7.6 percent March 2011 and it 6.8 percent March 2012.
http://www.bls.gov/news.release/laus.nr0.htm
Wisconsin's unemployment rate is 6.8%. My state with a Democratic Governor is at 9.7%. 6.8% looks pretty good to me compared to our unemployment. I think you better round up your union thugs, you're going to need them. And stop that crying.
Teacher unions need accountability, I'm with Rahm on this one!
The disgrace in all this is that teachers have to right to strike in the first place. The way I see it, police, fire, air traffic controllers and teachers DO NOT THE RIGHT TO STRIKE. Of the 4 only police and fire should even have unions. Teachers salaries are based on taxes of the school districts / counties. Every county/district takes in taxes to cover education, police, fire, and other first responders. If people want teachers to make more money taxes have to go up. I am sympathetic to teachers as my wife is one of them. However, I am not sympathetic to these teachers who make ON AVERAGE $70K. If my wife made $70k in MD we would be over $20K richer. Come on people, this is just another example of public sector union raping the tax payers. Lastly, if Chicago could afford these salaries with out having to get money from the rest of Illinois I wouldnt have a problem with it, but Chicago just like NYC gets money from the rest of the state just to pay its bills. NOT JUSTICE, and this is an example of UNFAIRNESS.
Darn that Union that keeps trying to make sure that teachers don't die in poverty and darn those pesky teachers for having the unmitigated gall to demand better working conditions and a decent wage! 70k is the average, my friend. Most of the teachers who make that much have been doing it for 25 plus years. Is it unreasonable for them to make a decent wage during the later part of their career after they spent the first half of it making far less than many other professionals? It might help to keep in mind that we require a fairly high level of education along with it's accompanying high level of financial outlay for someone to become a "rich" public school teacher. So, what do you consider to be a fair wage for people who most often starts their career with anywhere from 30k-80k in debt (for the degrees that are required to be a teacher) and work anywhere from 50-70 hours per week? Where should we cut them off?
Sighhhhhh--If I (a CPS teacher) made $70K, I'd be $30K richer...don't believe the hype, we don't make that much. CPS included principals and assistant principals in that figure...besides, it's not about the money...we all knew that we wouldn't be making that much when we went into this field in the first place...this is about the fact that our appointed school board and mayor de-funding our neighborhood schools, and funding privately run charter schools (who politely ask students to find somewhere else to learn if they can't make the grade)
this is the story of my little sister. Obama never mentioned her like he did Travon..can anyone tell me why. i really need to know why???
Evil rich guys paid off Chicago Union leaders to strike now to make Obama look bad. consciousmc.blogspot.com
I wish MHP and guests would have made the connection between reduction in REAL education -- largely the result as well as the goal of "teaching to the test" -- and reduction in unionization. A whole generation of people have been raised, now, who have no idea of the history of our nation and economics of wealth distribution. I learned this in school, but I'm 57.
Your students are lucky to have you, as are your viewers. I'm always pleased when I can catch part of your, and mr. Chris's shows. Y'all's topics, guests and conversations are always interesting and enlightening.
I have been a teacher in public schools, and have a few thoughts to share on the subject, if I may.
Giving the youth of America an education with a corporate mentality is an accident waiting to happen. The process of educating young minds to Think, and Think critically, should have less to do with the bottom dollar and corporate driven national tests and educational systems, and more with giving students the tools and knowledge from a vast array of bright, devoted and creative minds, in order to better deal with and shape the world as a whole.
The relationship a child develops with a knowledgeable, inventive and caring teacher is far more important than their being able to effectively regurgitate information on some multi-million dollar corporation's 'national or state test'. In this situation who is giving what to whom, and what for?
Education is not just about teaching students to get a job. It is about guiding them to become Enlightened Citizens for the future. Citizens who care about and knowledgably understand their neighbors, their government, and the world at large. Citizens who aspire toward noble ideals and standards within their conduct and the conduct of others. Citizens, who through hard work, perseverance and due diligence strive toward their dreams while enriching and considering the dreams of others.
Such Citizens are created through loving and disciplined parents, loving and disciplined teachers, loving and disciplined mentors, loving and disciplined bosses, loving and disciplined social structures, loving and disciplined relationships. Relationships in which everyone recognizes that each child and young adult develops differently and at different times. Social structures that common sense acknowledges as a fact of nature and circumstance and create environments which harness such potentialities. As humans, we are organic, sentient beings, not coldly metallic cogs for corporate machinery.
Citizens who realize that difference and being different is a scientific rule of nature and is important. It is important that no teacher is alike; that no teacher teaches the same materials alike. Difference creates variety and vitality and variety and vitality create questioning innovation and stimulated thought processes. Multi-million dollar corporate testing diminishes the student/teacher relationship. Taking the power of teachers out of the classrooms and giving it to distant, governmentally rule laden bureaucrats diminishes the student/teacher relationship.
Life is a collection of educational moments involving various modalities of learning and thinking. The totality of a person’s Value is not locked into just one rubric measurement or event in Time. One national or state Standardized Test given on one day in a person’s Life.
Life is experiential. Art is experiential and applies lessons in geometry, chemistry, philosophies, history, technologies, applications and perspective. Music is experiential and applies lessons in math, listening and instrumental skills, history, technologies, writing skills, applications and perspective. Physical Education is experiential and helps human beings maintain basic good health and fitness. Physical Education also teaches team work and cooperation toward a specific goal. And a fit body is necessary for a healthy and fit mind. So why are we eliminating these vital sources of personal and interpersonal education from our schools ?
Education is Alchemical in nature. It takes all of the elements of Science, Math, Reading, Writing, Art, Music, Physical Fitness with varied individual and group activities to create a well rounded and inspired Student.
Teachers need to get their classrooms back. The bureaucrats need to their hands out of the classroom in order to validate their jobs, and find other areas to focus upon within administrative duties, and let the teachers be the heads of their classrooms once again.
The administrations need to stop being so afraid of law suits that they refuse to back to back their teachers when difficulties arrive.
Parents need to be more supportive of their children’s studies and educational activities, and of their children’s teachers. Discipline is key. Discipline needs to be returned to the teachers and administrators, and supported by the parents. And that only comes with trust. A trust that is built upon actual personal relationships between the teachers, parents and children.
School systems operating on corporate precepts and concepts that see parents and students as consumers and not as cooperative participants and learners ultimately diminish the functionality and fundamentals of education as a whole. These present seemingly innocuous truths diminish our collective future.
Education is something that you must be able to get your Hands onto, and your Mind, into.
Like Socrates, take any one person under a tree with a book in the hands of an inspired, knowledgeable and caring teacher and the pathways to new worlds and ways of thinking and experiencing life will emerge, blossom and bear fruit within the present and the future. Teaching is an inspired and inspiring vocation; not an occupation; not a tool for the gradual diminishment of our culture.
There are a lot of relevant points being made about how to make schools better, but one seems scarcely made. Funding and staffing for schools should be better for the poorer, less functional neighborhoods; not the other way around.
Why is school funding ignored or so obtusely discussed when it should be one of the easiest to solve. Don't tell me there is no money available. The fact that Illinois has a flat income tax tells me one thing which is that there is more money.
Even more fundamental than that is tragedy-of-the-commons character of the situation that allows good education only in more affluent neighborhoods, which comes with a housing premium of its own, or if by paying extra tuition dollars at a private school.