A publication of the East Side Teachers' Association
May, 2009
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President’s View By Marisa Hanson
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Were
you Heard? By
Kathy Lair, WCO Having been one of the 80 teachers who received a pink slip before the March 15 deadline, I can assure you that we just wanted someone to hear how we felt; what we had to offer the district; and how unfair we thought the process was. All the paperwork; meetings; emails; and phone calls culminated in two days spent before an Administrative Law Judge. That hearing over those two days – April 29 and 30 – was our attorney’s opportunity to demonstrate that the district had not followed guidelines or our bargaining agreement when they decided who was getting the pink slip and who wouldn’t. Did he convince the judge? We know that some people got that notice rescinded on the spot so for them the answer is a resounding YES. For the rest of us, those two days were an emotional roller coaster where we heard our names called and our fate placed in the hands of people who had never seen us teach. Isn’t that how our process is supposed to work? Being evaluated by people who come into our classrooms and see what we do that sets us apart from everyone else? Isn’t it about our principal seeing how we interact with students, parents, colleagues, classified staff, and administration and then making the decision about keeping us at the school? Instead of an evaluation determining our efficacy in the classroom we were reduced to dates of seniority; points system; tie-breaking issue date of credential; and how many FTE you had. Our attorney spoke passionately and decisively about the injustices of the pink slip process. He demonstrated the inequities in who stays and who goes while the district made a cavalier offer to flip a coin to decide one position. To the district’s attorneys we were just dates and categories on a page – “English –--- tie breaker--Credential issued July 05.” For two days the district board room was transformed into a courtroom. The American judicial system guarantees that all who submit themselves to the process will be heard. Were we heard? I don’t feel like we were because there are 16 administrators who know their fates and they weren’t even there by representation or actual presence – they are going back to the classroom and each one is bumping one of us. There isn’t a final decision for the rest of us yet because we are still awaiting the numbers game to determine our fates. We may be still waiting at graduation because the district is only required to get contracts or offers in place by June 30. That’s an excruciatingly long period of time to wait. The election of May 19 now becomes even more important to all of us. That’s where we all need to step up and BE HEARD – at the polls. Let everyone know how important this is and get out the vote.
About
the Sick Leave Bank
Tricia
Bolster, PHHS
I
bought into the sick leave bank years ago. As all other members who opted in,
I donated 2 days of sick leave at that time. Over the years since, I have also
donated one additional day. I
had occasion to ask for a withdrawal of 2 days a few years into my
membership and after providing documentation & an explanation of why I
was out of sick leave, my request was granted. This past year has been very
difficult. I am teaching a
new prep, and I am also doing drama: teaching 3 classes and directing 2
productions. I came into the
school year with only 10 days of sick leave. My typical school day this year
started at 7 am and went on until 7 pm. On December 3rd,
I literally could not function.
I could not breathe. I
went home sick and then went to the doctor. She told me that I was ill, and
that I had to take off of work for the next 2 weeks. I ended up being out of work for
10 days.
I had already used up all of my sick
leave. I applied for
disability coverage through the union provider and asked for a withdrawal
of 10 days of sick leave from the sick leave bank, in the event that the
disability coverage fell through.
It turns out that there is a 10 day waiting period for the
disability coverage. After I
received this news, I asked about my status with the sick leave bank and
was told that they needed more documentation from my doctor. After providing this, I was told
that the sick leave bank committee felt that my illness was mental in
nature and that they do not cover mental illness. I found this bizarre on many
levels….firstly, my illness was physical in nature, not mental and
secondly; if I had been suffering from a mental disorder, under
The
Americans With Disabilities Act,
refusing me due to a mental disorder would be discriminatory and
illegal. This entire thing
upset me quite a bit. At this
point, I was down by $1,500.00 for the 10 days I missed. I wondered…should I have continued
to work until I dropped dead?
I was not asking for a hand-out,
I
was merely requesting a withdrawal from what I had been paying into: from
a sick leave bank that had ostensibly been set up to help out members in
my very situation. I got sick again, in February. I got bronchitis/walking
pneumonia. I went to the
doctor. She insisted that I
take at least 3 days off of work.
She told me that I had
to, I was contagious. I took
the 3 days off and then went back to work on Thursday, 2-12. I was still sick but I could walk
and function. Again, I
applied for 3 days withdrawal from the sick leave bank. When I made my application, I was
told that I would “probably” get these 3 days, since the SLB board had
approved withdrawals for other members with bronchitis. I was again denied. First I was told that “the
committee believes your application does not meet the criteria of the sick
leave bank.” When I asked if
the committee felt that I was committing fraud or that these were absences
of convenience, and then asked what specific criteria was used in
evaluating my application, I was told, and again, I quote “if the bank
gave out days for every illness, then we would be out of days within a few
months.” Serously?? I was also told in December that the SLB
committee feels that I should not take on extra work, such as doing drama,
if I am going to get so sick.
Wow. How helpful. I will not do drama next year, for
other reasons, but in December I was already in the midst of a commitment
and I do not walk away from my commitments. So…why write Panorama about
this? Well, I could not feel
less supported by my union at this time. I know that we are fighting for
our lives here, but does that mean that we turn on each other? I know that I personally shall not
donate again.
I have no idea what criteria is being
used to award days to sick
members, but clearly reason and common sense, not to mention decency and
compassion have nothing to do with it. It has all been a fascinating
learning experience. I know
that frequently the media demonizes us teachers as people who want
entitlements: the assurance of a job and benefits for the supposedly
“cushy” job that we do: off by 3 pm, summers & school holidays off and
all of that….but when I sit in a union meeting (which I did in January)
and hear member’s concerns dismissively referred to as a “sob story” I
can’t help but wonder where our priorities truly are right now. I was recently notified that the SLB would
grant my last request. The
kindness and reasonable behavior of the E-board does not do away with the
cruelty, lack of feeling, harshness and just general overall
smallness of spirit demonstrated by the original ruling from the SLB
board...I really think we need to shine a light on
these individuals and question their decisions: to honestly and
openly ask upon what criteria their decisions are based. They are
trusted servants who are supposedly representing all members of the sick
leave bank; we are trusting them to be honorable and
humane caretakers: stewards who look out for the best
interests of all members of the sick leave bank.
This is an issue I want to bring to
the attention of entire membership of the union, certainly to those of us
who are members of the sick leave bank. It is a lot to ask of
someone, when he or she is truly very ill, to appeal a decision 2 times:
once to ask the SLB board to reconsider, and then to have to
bring all the documentation to the entire Executive board, which is
the procedure for appeal. That is a lengthy and time-consuming
action that should not have been necessary in my case, at least not from
where I sit. I was honestly too ill, too overworked,
too chagrined and too wounded in spirit to even consider
bringing the first issue (denial of the 10 days) to the Executive
board. At this point (the 3 days), I finally felt well enough to be
able to advocate for myself...not to mention the extremely fatuous
nature of the final reason given for denying my February
claim...yeah...I have issues...
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