Education Policy Institute Offers Solution
for Bargaining Dilemma in California Charter Schools
Washington, DC (December 23) - New legislation approved
in October by Governor Gray Davis threatens the way charter
schools have been conducting business in California. After
their legislative proposal to require collective bargaining
in charter schools failed, California teacher unions
successfully lobbied for Assembly Bill 631, a compromise
almost as egregious. A.B. 631 affects new and existing
charter schools.
The Education Policy Institute contends that charter
school employees could benefit from an organization that
could craft a working agreement with the charter boards, in
keeping with the spirit of independence and collaboration
that make charter schools unique. Furthermore, a new
organization should avoid the political baggage the other
public employee unions now carry. Finally, membership dues
could be reduced significantly. Dues should be sufficient to
provide quality representation in contract negotiations and
administration, adequate liability insurance coverage,
access to legal services, and other services for charter
school employees, but need not fund a state or national
union.
Although the California Network of Educational Charters
(CANEC), the Charter School Development Center, and several
other organizations, are providing advice on how to proceed,
what the charter school employees really need are more
choices.
As it currently stands, before new applications to
operate as a charter school will be approved, the charter
board must decide whether 1) to be an independent public
employer, or 2) to be subject to the district's collective
bargaining negotiations with the incumbent employee unions.
With well over 250,000 members, the teacher union likely to
capture the most additional members will be the California
Teachers Association &endash; the National Education
Association affiliate.
Similarly, California's 264 existing charter school
boards must choose one of these options by March 31, 2000.
By becoming part of the charter school's sponsoring
district, the charter school employees will be governed by
whatever collective bargaining situations exist in the
district. The California public employee unions (CTA, CFT,
CSEA, SEIU, etc.) are already trying to convince charter
school boards to select this option. For many charter school
boards and employees, unionization will diminish the
flexibility the charter school has that is not permitted in
teacher union/school district contracts.
Under A.B. 631, a charter board could declare itself to
be an independent public employer. In this case, its charter
school employees could decide whether or not to engage in
collective bargaining. Either option presents difficult
problems.
By declaring itself independent from the chartering
school district's collective bargaining process, the charter
board and its employees face a host of questions. How will
the board and its employees resist the constant pressure
from the established unions to accept unionization? Who will
pay for the opposition to unionize? Will the CTA bargain for
provisions that will penalize veteran teachers now teaching
in charter schools? How will affiliation with the CTA (or
the California Federation of Teachers or other public
employee unions) negate the collaborative employer/employee
arrangements of charter schools? How much time and
distraction will these disputes cause for teachers and the
113,000 students in charter schools in the state?
There are no easy answers, and the consequences are
likely to have long-term effects. Certainly, the CTA's 150
political operatives (UniServ directors) will pressure the
charter school employees to pay the $523 state and national
dues, plus local dues, as CTA/NEA members do. Virtually no
one doubts that acceptance of conventional unionization will
adversely affect the employment relationships within the
charter school communities.
A.B. 631 is another piece of legislation protecting the
teacher unions by stifling innovation in charter schools.
Although the bill allegedly protects the employees in
charter schools, California's huge school district unions,
not its charter school employees, lobbied intensively for
it. The impact of A.B. 631 on the education of children was
not part of the debate.
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