Forcing the SRC to Pay for Lost PFT Wages (PART II)

(This entry is the second in a series. If you have not read my previous Forcing the SRC to Pay for Lost PFT Wages then please do so now, seeing as this entry will not make sense without that relevant information.)

Here is the PFT contract negotiating team's response as to why they are not pursuing the legal course of action laid out in my first blog post:

---

Setting the Record Straight: PA Supreme Court Ruling on Act 696, Step Raises and Lane Changes

It appears that there is incorrect information circulating concerning this week’s decision of the Pennsylvania Supreme Court and its impact on step raises and lane changes. The PFT feels that it is harmful to our members to have--and spread--incorrect information, so we want to set the record straight.

The law in Pennsylvania has long-established that a public employer has no obligation to pay step and longevity increases after a contract hiatus, i.e., the period of time after a collective bargaining agreement (CBA) expires, but before the parties reach a new successor agreement. In Fairview School District v. Unemployment Compensation Board of Review, 499 Pa. 539, 454 A.2d 517 (1982), the PA Supreme Court first declared that a public employer’s obligations during the status quo do NOT extend to providing step increases during a contract hiatus.

Similarly, our Commonwealth Court held that public employers have no legal duty to pay longevity increases after a CBA expires. Pennsylvania State Park Officers’ Association v. Pennsylvania Labor Relations Board, 854 A.2d 674 (Pa. Cmwlth. 2004), appeal denied, 582 Pa. 704, 871 A.2d 194 (2005).

Subsequent decisions by our courts have reaffirmed these holdings. See AFSCME District Council 47 v. City of Philadelphia, 53 A.3d 93 (Pa. Cmwlth. 2012); Neshaminy Fed. of Teachers Local Union 1417 v. PLRB, 417 A.2d 837 (Pa. Cmwlth. 2008). In fact, no Pennsylvania court has ever held that step and longevity increases are still required during a contract hiatus. Nor has anyone taken the novel position that the Public School Code requires a public school district to pay step and longevity increases after contract hiatus based on the Public School Code. This is true despite the fact that our appellate courts have repeatedly addressed what are the requirements for public school districts regarding step and longevity increases after a CBA expires.

While the PFT would certainly be thrilled if the Court's decision required the School District to implement the step increases and lane changes, it simply does NOT do that.

---

While I agree that no Pennsylvania court has ever given labor union step and longevity increases during a contract hiatus, public school teachers are in a group all of their own. All labor unions in Pennsylvania must abide by the laws and decisions set forward by the Public Employe Relations Act (1970), or PERA. However, public school employees also have legal recourse under the Pennsylvania School Code.

All of the court cases listed above by the PFT's contract negotiating team are cases that have been decided under the purview of PERA or other laws - BUT NONE HAVE BEEN DECIDED USING THE PA SCHOOL CODE. While the PFT's contract negotiating team claims that my approach is a "novel approach" that has never been taken, I ask, "So what?" 

It is time to test uncharted legal waters.

The most important case cited above in the official PFT response, Fairview School District v. Unemployment Compensation Board of Review, 499 Pa. 539, 454 A.2d 517 (1982) is vital in that it carries the authority of the PA Supreme Court, the highest court in the commonwealth. It states "that the School District's refusal to pay stepped up salaries did not constitute a disruption of the status quo." While that case bases its decision on the Pennsylvania Unemployment Compensation Law (1937), NOT THE PA SCHOOL CODE, it is also important to note that there was a dissenting opinion. Justice Larsen, in going against the majority opinion, stated, "I would hold that teachers working under the extended agreement were entitled to compensation commensurate with their years of service, and that the school district's failure to increase the teachers' salaries to reflect an additional year of service constituted a refusal to maintain the status quo."

Seeing as we just worked so hard as a union to get three Democratic judges elected to the PA Supreme Court - judges who have shown they are friendly to labor and more than likely to agree with that dissenting opinion - isn't it time to bring the matter to the PA Supreme Court's attention once again?

Finally, if the PA Supreme Court's current composition isn't enough to spur our PFT contract negotiating team's legal action in pursuit of our step and degree back pay, THERE IS IN FACT LEGAL PRECEDENT IN USING PA SCHOOL CODE TO OBTAIN BACK PAY. The PA Supreme Court in Mifflinburg Area Education Association v. Mifflinburg Area School District, 555 Pa. 326 724 A.2d 339 (1999) refers to the very same PA School Code section that I referred to in my first blog post entry, Section 11-1142 of the PA School Code. The PA Supreme Court stated in that decision that "the language contained in Section 1142(a) protects professional school district employees from the patent unfairness of disregarding past years of service with the same school district." In fact, Commonwealth Court, the PLRB, and the American Arbitration Association have ALL used the Mifflinburg decision in siding with teachers when it comes to salary placement on step schedules for past experience. 

While, granted, every case is unique - in light of the recent decision eliminating the SRC's power to erase PA School Code, the election of 3 PA Supreme Court justices who are friendly to our cause, and the aforementioned legal precedents of using Section 11-1142 of the PA School Code to obtain salary step adjustments - I believe that it is more than logical to ask the PFT contract negotiating team to instruct our excellent lawyers at Willig, Williams, & Davidson to pursue this course of action in the courts. 

At worst, we lose a court case and are back at square one - frozen salaries for the past four years. 

At best, we make the members of the PFT who have not yet reached Step 11 financially whole. 

Forcing the SRC to Pay for Lost PFT Wages

The decision by the PA Supreme Court to declare null and void any actions taken by the School Reform Commission under Section 696(i)(3) of the PA School Code seems to indicate that PFT members who have gone without a step or degree raise since August 2013 are now entitled to that monetary compensation in full. This is how the state’s highest court instructs the SRC on the final page of its recent ruling:

In summary, we hold that Section 696(i)(3) of the School Code, 24 P.S. §6-696(i)(3), is unconstitutional as it violates the non-delegation rule of Article II, Section 1. Accordingly Respondents’ actions taken pursuant to that provision are null and void, and Respondents are permanently enjoined from taking further action under the authority it confers.

The legality of the “status quo” position that the District has taken in reference to denying PFT members their step and degree increases for the past few years is based on powers granted by Section 696(i)(3) and actions taken by the SRC at their August 15, 2013 meeting. The portion of that meeting that refers to the freezing of the wages of PFT members can be seen below:

RESOLVED, that the School Reform Commission, in order to maintain a thorough and efficient public school system and to provide additional flexibility as a distressed school district of the first class, pursuant to section 6-696(i)(3) of the School Code, hereby suspends the requirements of sections 11-1141 through 11-1153 of the School Code and any applicable regulations, relating to compensation of professional employees with whom the School District has not reached an acceptable collective bargaining agreement, for the period commencing September 1, 2013 through August 31, 2014, with consideration of the need for continued suspension in future school years

The relevant PA School Codes that the SRC suspended in August of 2013 are two: Section 11-1142, referring to mandated annual step increases, and Section 11-1144, referring to mandated compensation for an earned college certificate or Master’s Degree .

Here is the relevant clause (emphasis added) in Section 11-1142 (f) of the PA School Code:

The mandated salaries provided in this section shall be applicable to all professional and temporary professional employes within their respective class. The annual salaries payable under this section for the school year 1968-1969 and each school year thereafter, shall include an annual service increment for service in the school district during the previous school year by advancing the salary of the professional or temporary professional employe at least one full step on the minimum salary schedule or to the step on which he is entitled to be placed by virtue of years of experience within the school district, whichever is higher.

And here is the relevant clause (emphasis added) in Section 11-1144 of the PA School Code:

Any professional employe or temporary professional employe, who, during the term of his employment, shall receive a college certificate or shall earn a Master's Degree, shall, commencing with the next succeeding school term, be entitled to the compensation prescribed for his new status, which shall be at least three hundred dollars ($300) in excess of the annual service increment earned by him during the previous year

Seeing as the powers invoked by the SRC in August 2013 under the authority of Section 696(i)(3) of the PA School Code are now null and void, retroactive step increases and degree raises should be immediately issued to all PFT members as sections 11-1142 and 11-1144 legally come into full force.

However, as any PFT member who has been paying attention is aware, current PFT leadership has consistently stated that, under “status quo” established by case law (notably Neshaminy Federation of Teachers vs. PLRB), we are not entitled to step and degree increases once a contract expires. This FAQ provided by the PFT about lost wages states as much:

Why has the district not honored step raises nor lateral raises (Master’s, Master’s plus 30, etc.)?

Act 46, the State Takeover, permits the SRC to waive sections of the PA School Code.

On August 15, 2013 the SRC voted unanimously (SRC-1 8-15-13 ) to waive sections 11-1141 through 11-1153 of the PA School Code. These sections stipulate minimum salaries, step increments, and additional increments for college certificate or Master’s Degree.

In addition, the PFT contract expired on August 31, 2013. The School District did not agree to extend the contract during negotiations. According to PA state case law, this is known as status quo; whereby the terms of a CBA become frozen during the negotiations process until at which time a new CBA is reached. This has been defined by the courts in many cases such as Coatesville Area School District v. Coatesville Area Teachers' Association and Neshaminy Federation of Teachers vs. PLRB. The Neshaminy case ruled that “…it is now well-established that maintaining the status quo at contract expiration does not include step-up or longevity wage increases.”

It is clear, though, from the aforementioned actions taken by the SRC in August 2013, the authority to forego step and degree wages by the District is due to the SRC’s suspension of PA SCHOOL CODE. The Neshaminy case, which was decided by the lower Commonwealth Court and was never invoked by the SRC, establishes the legality of “status quo” wage freezes under the PUBLIC EMPLOYEE RELATIONS ACT (PERA) but never specifically mentions the authorization of status quo by the PA School Code. In fact, the Commonwealth Court in the Neshaminy decision also mentions other public employees, such as the Pennsylvania State Park Officers, in reaching its decision that public employees are not entitled to annual step increases under status quo. The Commonwealth Court in the Neshaminy decision, however, NEVER MENTIONS THE PA SCHOOL CODE.

In this respect, the Neshaminy union lawyers failed to bring to the lower court’s attention that public school unions are different from other public sector unions in that they have another set of rules that also apply to them – the PA School Code. The School District of Philadelphia’s lawyers, on the other hand, seem to have been more than aware of this fact when they advised the SRC to bypass step and degree wage increases by using Section 696(i)(3) of the PA School Code instead of the PERA legal precedent established in the Neshaminy case.

In light of the recent decision made by the PA Supreme Court, a new path seems to have opened for all PFT members to demand step and degree wages owed. The PFT’s legal team should immediately invoke Sections 11-1142 and 11-1144 of the PA School Code and demand that the union’s members be made financially whole once again.

A Miracle on North Broad Street

Here is my Christmas testimony to the SRC from December 17, 2015.

If it gets you into the giving mood of the holidays, please consider donating some money to the campaign efforts of the Caucus of Working Educators in the upcoming internal Philadelphia Federation of Teachers election. You can also join our organization as a supporting member.

Thank you, and enjoy the Holiday Season!




‘Twas the night before Christmas, when all through the city
The SRC was busy pondering things not so pretty.
Something was stirring from this unelected creature
Like canceling the contract of each and every teacher!
Shared sacrifice is what we heard from dear old Bill Hite
But he got a $30,000 raise and new contract in the middle of the night.
Assistant superintendents were nestled snug in their beds
With visions of $10,000 bonuses dancing in their heads.

Meanwhile, principals searched for substitutes from far and near
While children went to buildings with no nurses nor cheer.
School closures had become the disturbing new norm
With no counselors or libraries to weather the storm.

When out on 440 there arose such a clatter
The PFT sprang to see what’s the matter.
Two Mayoral appointees and from the Governor three,
I knew in a moment it must be the SRC!

Now, Farrah! Now, Jiminez! With Charter School gain
To her husband’s law firm, she’s forced to abstain.

Now, Sylvia! Now, Simms! Comcast pays for her bills
But yelling at “failing school children” is what gives her her thrills.

Now, Bill! Now, Green! The most condescending to bother
Demoted by Wolf, Do you still dream of being Mayor like your father?

Now, Feather! Now, Houstoun! By Corbett appointed
With no clear credentials, why was she anointed?

Now, Marjorie! Now, Neff! Perhaps the most able
So cancel the lawyers and get back to the negotiating table!

Unelected and resented for fifteen years did they work
Filled with Eli Broad’s nonsense, often turned with a jerk.
And so, in 2015, as Huey, Cooke, and Wister awaited their fate
Something magical happened on that cold December date...

That Christmas, the SRC did themselves vote to dissolve!!!
As the community, parents, and teachers cheered with resolve
Filling 440 with warmth from their hearts to their toes
They grabbed Dr. Hite and up the chimney they rose.
As they sprang to their sleigh and soon gave a whistle
Away they all flew like an unwelcome missile.
The SRC did exclaim as they disappeared out of sight—
“Happy Christmas to all, and to Philadelphia a good night!”

Democracy in Philadelphia's Schools

Last month, numerous PFT members in the Caucus of Working Educators decided to speak truth to power at the School Reform Commission meeting held by the School District of Philadelphia. The unelected and undemocratic SRC has held the teachers, students, and city of Philadelphia hostage for the past 15 years. Inspired by my fellow union sisters and brothers, I decided to address the SRC as well.

For those who are one of the 11,000 members in the Philadelphia Federation of Teachers:
Please be aware that there will soon be an internal PFT election. Ballots will be mailed to your house sometime in February. You must vote by completing the ballot, then mail it back in the self-addressed envelope. Familiarize yourself with the entire WE slate (I am running as Legislative Representative) and our platform. The incumbent CB slate (currently led by PFT President Jerry Jordan, who hasn't been in the classroom since 1987) has held power since 1983 and not seen a credible challenge to their position in all of those years. I humbly ask that you vote for the WE slate but, whoever you vote for...

PLEASE VOTE AND MAKE YOUR VOICES HEARD!

For those of you who are friends, parents, community members, or teachers:

Please consider donating to the election efforts of the Caucus of Working Educators. It will take a lot of time, effort, and supplies to bring change to the largest union in Philadelphia but, with your help, we can bring an end to the status quo unionism of the past three decades!

Thank you.

George Bezanis SRC testimony - October 15, 2015 from Ken Derstine on Vimeo.

Ladies and Gentlemen of the SRC,

My name is George Bezanis. I am a History teacher at Central High School, a proud member of the Philadelphia Federation of Teachers, the PFT’s Caucus of Working Educators, and a Philadelphia public school parent. 

I have also been democratically elected by my fellow citizens as a Committeeperson in the 63rd Ward, the PFT Building Representative at Central High School, and the President of the Fox Chase Homeowners Association.

Democracy.
That is the one word that seems to terrify this body the most. Not one of you has been placed in this position of power through the process that this nation has been built upon. You refuse to use democratic methods when determining what to do with schools that have been starved of resources. You refuse to listen to the voices of the parents, community members, and teachers you are meant to be representing. And finally, you mock the democratic citizens of this city by using Independence Hall in the School Reform Commission’s logo. Guantanamo Bay would have been a better choice.

Democracy.
Last year when, for the first time, this body finally decided to ask parents at Muñoz-Marin and Steele Elementary what they wanted, the democratic process showed that they had clearly rejected two of the fastest growing charter providers in this city, ASPIRA and Mastery. And so, what did Superintendent Hite and this body decide to do with this newest round of school closures? Parents are no longer allowed to vote because, God forbid, they may not vote the way you tell them to. You’ve had enough. It’s time to back off from the dreaded D-word.

Democracy.
In case you haven’t figured it out yet, we’ve had enough of you. Three of you were appointed to this position by Tom Corbett - a Governor so unpopular that, for the first time in modern Pennsylvania history, he was unable to win re-election. He left. You stayed. Governor Wolf was elected last November on a platform that specifically called for your disbandment. You stayed. The citizens of this city voted, by an incredible 96% majority referendum, to get rid of you in May. You stayed. Members of the School Reform Commission: You’re like bad dinner party guests who just won’t leave. Your food has been served, you’ve had your fill, you’ve spilled a few drinks, so go away already.


Democracy.
I want you to think about that word for a second and, for once, act like an American, not as a member of the SRC, or a political appointee. This isn’t North Korea or Saudi Arabia. This is Philadelphia. The United States of America. It’s time for you to return control of these schools to 
WE THE PEOPLE.


It’s time for you to vote to dissolve this sham of a school board.

  George Bezanis

gbezanis@gmail.com

Letter to the PFT Contract Negotiating Team

The following letter was drafted and signed by the Philadelphia Federation of Teachers Building Committee at Central High School in early June 2015. Addressed to the PFT's Negotiating Team and signed by a majority of the PFT members in the school, these are words of resolve and encouragement as we continue to demand a fair contract.

UPDATE: Today we received Jerry's response.

Losing My Virginity to the SRC

Today, the School Reform Commission of the School District of Philadelphia decided to honor the A.S.A.P. Debate League with an award. As the Debate Coach at Central High School and the Site Organizer of the entire league, I was also included in these honors.

Later on in the meeting, I decided to speak to the SRC - the nervous first time I have ever done so - inspired by my many fellow coworkers, colleagues, and friends in the PFT's Caucus of Working Educators who have had the courage to speak out at numerous other SRC Meetings before me.

You are my muses.

Ladies and Gentlemen of the SRC,

I appeared in front of you earlier in this meeting as a teacher, Debate Coach and Site Organizer for the entire A.S.A.P. League matches at Central High School. I posed for a photograph and accepted your award.

I am also a proud member of the Philadelphia Federation of Teachers and the PFT’s Caucus of Working Educators, a public school parent, and a locally elected Democratic committeeperson in the 63rd Ward. These many hats shouldn’t come as a surprise though. We all wear them…

Whether we have never spent a day as a public educator but, instead, run charities for millionaires in the Wyncote Foundation and are appointed by a Republican governor who never dared step foot in a Philadelphia school…

Whether we say we advocate for children, but in the meantime collect a paycheck from Comcast while yelling at students that they “Must attend failing schools!”

Whether we claim to be an objective member of an unelected school board, but must recuse ourselves from every other vote because our husband’s law firm has ties to charter schools throughout the district…

Whether we dream of being mayor like our father, and just see this as another political stepping stone…

Whether we’re the only person on this mockery of a democratic institution who has actually worked in a classroom and, as a result, voted NO on every charter authorization vote. Thank you, Marge!

And finally, whether you are yet another Eli Broad Academy superintendent seeking to “narrow the achievement gap” by shutting down schools. A superintendent who takes a 10% pay cut but then secretly reinstates it one year later.

Do you know how much my pay cut was last year? I didn’t get paid for running the Debate program, but continued to do so (free of charge) because I had to look my students in the eyes – not you. As we approach yet another September without a contract, my total lost step and degree wages are now approaching $15,000.

Meanwhile, this body votes in new charters it can’t afford, continues to hire 6-figure employees, extend contracts to Teach For America, and refuses to lobby for PILOT payments, abatement reform, or “interest rate swap” renegotiation.

Instead, you say that the PFT needs to give back. Don’t pretend to thank teachers like myself by giving them awards at the beginning of an SRC meeting, and then secretly voting to take away my contract.

If you really want to thank teachers like me, forget the cheap photo-op and
 Get back to the negotiating table!

Give us a fair contract! 

Then, hopefully, you can
  Vote to dissolve this sham of a school board!

180 Days of Instruction... Are You Sure?

I am a history teacher at Central High School and methodically pace my classes. Frankly, I have no choice. There’s a lot of material to cover in World History. My curriculum and professional duties call for teaching students everything from the emergence of Homo sapiens in Africa’s Great Rift Valley to the collapse of the Soviet Union and rise of US hegemony – all in one academic year. It’s a daunting task but one that can be accomplished if I follow the rigorous pacing guideline I’ve set for myself during Pennsylvania's legally mandated 180 school days. This year, however, I’ve found myself falling further and further behind and I had no idea why… until I looked at the School District’s academic calendar.

For the 2014-15 academic year, the School District of Philadelphia has set aside an unprecedented 16 professional development half-days for high schools. Elementary school teachers have it worse and are burdened by a whopping 19 half-days. By comparison, in the 2013-14 academic year, high schools had 8 half-days and elementary schools had 11.

The vast majority of these new half-days are meant to roll out the state-of-the-art Harrisburg-mandated teacher improvement system, also known as the “SLO” in teaching circles. Incidentally, according to a recent poll of over 1000 teachers, only 9% believe the SLO process will improve their teaching. Even less, 6%, actually believe that the SLO process respects educators' professional knowledge and skills... but I digress.

The other six half days (9 for elementary schools) are meant to be parent-teacher conference days – during the workday from 12:00 to 3:00pm. (These are in addition to the two parent-teacher evenings we host each academic year.) Needless to say, hardly any parents are able to make it to these afternoon sessions because, wonder of wonders, they actually have to work. These days of even more squandered education end up being nothing more than a building full of teachers who wait for the parents that inevitably never arrive.

In addition to this wasted instructional time, Harrisburg has also mandated that we begin issuing standardized Keystone Exams (at a cost to local taxpayers of $176 million) to all high school students on a yearly basis. Last year, we were required to test students in three subjects, resulting in two more half-days per exam administration, for an additional total of 6. Eventually, Harrisburg has indicated they would like students to be tested in a total of 10 Keystone Exams, likely resulting in 20 more half-days by decade’s end.

Finally, the School District of Philadelphia is so technologically inept that it requires teachers to enter students’ final grades over a week before school is over. They claim that they need time to print report cards, send them to schools, and allow for teachers to hand them out. Every other district in the area either posts grades online or mails out the report card, but I guess Philadelphia needs to save on postage costs in order to pay for Superintendent Hite’s recent $30,000 raise. In 2014-15, this discrepancy between the time the online grading system shuts down (June 10^th) and when students are still legally required to attend school in order to reach that threshold of 180 days (June 17^th) will result in another 5 days of lost instruction.

In total, when one adds up the required SLO half-days, pointless mid-afternoon parent teacher days, mandated 3 Keystone Exam administrations, and lost end of the school year days, I am losing 22 half days and 5 full days of instruction. That is 16 days of lost instruction, or over 3 weeks of classes when students are not learning.

In fact, if the state has its way and instates all 10 Keystone Exams, I will soon be losing 23 days of instruction, or nearly 5 full weeks of precious time with students. An entire month of lost education… and for what?

As the School District’s contract negotiating team continues to demand that the members of the Philadelphia Federation of Teachers teach a longer school year, I have a demand of my own: Stop wasting my time with useless “professional development” half-days, standardized test administration, and bureaucratic incompetence. If not, then instead of analyzing why the Soviet Union collapsed and how the 21^st century was shaped, my students will be left believing that the last major event on the world stage was the assassination of Archduke Franz Ferdinand.