The recent Michigan Court of Appeals ruling against a citizen’s request to review publicly-funded e-mails between the Howell Education Association and its teachers is a smack in the face for the state’s taxpayers.

     The court ruled yesterday that DeWitt resident Chetly Zarco’s 2007 Freedom of Information Act request for roughly 5,500 e-mails between HEA leaders and teachers were exempt from the public disclosure laws, even though the messages were sent through school computers.

     The e-mails occurred during heated teachers contract negotiations, and Zarco suspected the messages would reveal that HEA lobbied at taxpayers’ expense. The appeals ruling reversed a Livingston Circuit Court decision that required disclosure.

     To say the court’s ruling is ridiculous would be a vast understatement. Are we to believe that Michigan taxpayers are required to fund union efforts to fight against local school boards with no right to review what’s going on? It’s preposterous.

     Frankly, we’re surprised the union even took the case to court, especially since Howell schools’ own e-mail policy explicitly states that e-mails sent on its server are not private and may be reposted. 

     Zarco has now enlisted the help of the National Right to Work Foundation to fund his appeal filed today with the Michigan Supreme Court. 

     We believe NRWF’s Legal Information Director Patrick Semmens sums the situation up best.

     “Public resources should not be spent on the shadowy and self-serving political activities of union bosses,” Semmens said on the NRWF Web site. “Howell Education Association union officials should be subject to the same public disclosure requirements as everyone else who uses taxpayer funds.”

    We at EAG have long suspected that there’s a major disconnect between the MEA leadership team in East Lansing and the union’s rank-and-file members across the state.

    This week we received another reminder of how right we are.

    Teachers in Huron County’s Bad Axe school district recently approved a new two-year collective bargaining agreement that dumps MESSA health insurance coverage. The contract was approved despite the opposition of regional and state MEA officials, according to Bad Axe Superintendent James Wencel.

    “They did everything they could to stop this from happening,” Wencel said, regarding high-level union leaders.

    The new private  health insurance program will go into effect March 1, saving the district approximately $150,000 for the rest of this school year, and at least $300,000 per year for the rest of the contract, according to Wencel.

    In exchange for the switch to private insurance, teachers will receive a one percent raise next year and will no longer be responsible for prescription co-pays. The move also prompted administrators to cancel several staff layoffs planned for this winter, and to promise to avoid as many layoffs as possible next year.

    What’s this? Union members expressing concern about the fate of younger union members? Perhaps that would happen more frequently if the MEA leadership left local teachers alone to cut their own deals with school boards.

   Wencel said he has a bunch of good teachers in Bad Axe, and said there are many more throughout the state. He said the key to gaining their cooperation in dealing with the current financial crisis is to take their concerns into consideration.

    “If you work with them instead of against them, and try to do what’s mutually beneficial, they’ll work with you,” he said.

    The Wayland school board, facing a $1.3 million deficit, should not be faulted for exploring possible savings through privatization of custodial and groundskeeping services.

    Hiring private companies to manage non-educational services has become common for school boards throughout Michigan, mostly because it’s one of the few ways they can cut costs without the approval of the teachers union.

    The board should be credited for trying to work out a deal to keep their union employees on the payroll, even after considering attractive bids from private companies.

   Then the local union – probably with prompting from state leaders of the Michigan Education Association (MEA) – had the nerve to stick its nose up at the contract it was offered.

    That gives the school board the opportunity to privatize without further discussion. The union had its chance and blew it.

    We empathize with the custodians and groundkeeper from Wayland, to the extent that it’s horrible to see hardworking people lose their jobs. If privatization occurs, we hope those employees get first crack at the non-union jobs.

    We also appreciate those folks who turned out at a recent school board meeting to support their school employees.

    But public schools exist primarily to educate children, not to provide high-paying jobs for members of the community. There once was a time when both were affordable, but that time has passed.

     We do not empathize with MEA leaders, who are the crown princes of hypocrisy when it comes to privatization.

     We don’t suppose union officials mentioned to Wayland residents that the MEA hires private contractors, rather than union employees, to clean and maintain its state headquarters in East Lansing. That’s probably because the MEA is deeply in debt and can’t afford union employees – just like the Wayland school district.

    A few weeks ago we were happy to report that the teachers union in Portage voted overwhelmingly to accept a two percent salary cut, as well as several other temporary concessions, to help their district avoid layoffs and overcome its financial challenges.

    We were hoping it was a sign that teachers unions in other Michigan districts would be reasonable and follow suit.

    But we weren’t too surpised when the Michigan Education Association quickly stepped in and squashed this movement before it could gain any momentum.

    In a memo published on the union’s website in late December, the MEA tells its local representatives that they are not to accept any proposals for renegotiation of labor contracts without the approval of union headquarters in East Lansing.

    “No MEA affiliated local. . .shall consider or hold a vote to amend or replace any existing master agreeement for the purposes of negotiating cost-saving measures without specific authorization of the MEA.”

    The memo went on to dictate a narrow process for the consideration of renegotiation requests. First the local union must get the district’s request in writing, then pass it along to the appropriate MEA Uniserv director. Then the Uniserv director must contact a zone director, who will form a committee to investigate the request and make a recommendation to MEA leaders in Lansing.

    Here’s the catch. The investigation will include “a comprehensive review of the financial, political and/or other relevent aspects of the school district.” That “review” should be enough to sink any district’s hope to renegotiate a teachers contract and find savings in labor costs.

    For months, the MEA has been telling school boards across the state that they should cut “non-educational” items like school sports, bus transportation, computer purchases and fund reserves. MEA leaders have also been trying to convince state lawmakers that a tax increase is necessary to fund our public schools. 

   On the flip side, the union sees no reason for schools to dump expensive MESSA health insurance, privatize support services or suspend “step” salary increases for teachers.

    Given the union’s philosophy, what is the chance that MEA leaders will allow teachers in any district to renegotiate an existing labor contract? We would say zero to none.

    This is just the latest example of the MEA’s passive, self-serving attitude regarding the school financial crisis. The union’s first priority is to salvage as many employee perks as possible, while letting others worry about the financial future of public education.

    The Midland City Education Association’s response to the looming financial crisis in the Midland school district demonstrates a clear disconnect from reality.

     In November, Midland school officials reached out to the union for help in eliminating a projected $5 million deficit for the 2010-11 school year.  Like officials in many other Michigan districts, they would like to find savings by renegotiating the current teachers contract.

     The MCEA’s response? The union developed 15 cynical questions for district administrators and shared the list with the Midland Daily News. The questions implied, among other things, that the district should cut “non education” items like computers and buses, and spend all of its reserve money before the MCEA would sit down at the bargaining table.

     Union leaders even had the audacity to suggest that their parent organization, the Michigan Education Association, be allowed to analyze the district’s budget to determine if union concessions are warranted.

    We’re sure the same MEA money managers that steered the union into a $124 million debt will be able to come up with some dandy solutions for Midland’s financial woes.

     Perhaps the MEA’s financial guru, Arch Lewis, will organize a few bake sales and car washes to help cover the budget shortfall.

     But while the MEA is busy cooking up its own budget ideas, Midland school officials must deal with the hard reality of labor costs, and the pressing need to cut them. In most school districts they typically account for roughly 75 percent of expenses.

     Here’s an idea: Midland schools could save substantial sums by freezing teachers’ automatic, annual salary “step” increases. Let’s face facts. If the MCEA doesn’t compromise during these tough economic times, some teachers likely will lose their jobs. It’s a simple matter of either/or.

    Sadly, as we’ve learned in other districts, the teachers union is all too willing to watch younger colleagues lose their jobs, rather than accept a few concessions for veteran educators.

     In any case, it’s crucial that the MCEA wake up soon and assist the district through this financial crisis. If the union truly cares about the school and the students, it will show up at the bargaining table.

    Education Action Group would like to congratulate and thank Mike Flanagan, Michigan’s superintendent of public instruction, for displaying the courage and bold leadership that was necessary Tuesday to keep the state’s “Race to the Top” effort on track.

    For weeks, leaders of the Michigan Education Association and American Federation of Teachers have been pouting about the state’s RTTT effort, particularly the much-needed education reforms that were enacted by lawmakers as part of the program.

    Despite their unhappiness, state officials still invited the unions to be partners in the RTTT approval process at the local district level. The Michigan Department of Education announced that a local union official had to sign off on a district’s RTTT paperwork before that district could qualify to share in possible federal funding.

     But the unions used that opportunity in an obstructionist manner, asking their local reps around the state to withhold their signatures from necessary documents as the deadline for submitting the paperwork approached.

     That meant countless school districts across the state would have been prevented from enrolling in the RTTT program, and getting in line for desperately needed dollars, due to the lack of a single union signature.

    Flanagan correctly said enough is enough. On Tuesday he announced that the state is moving forward with its RTTT effort without union approval. He informed local school districts that they could return their RTTT paperwork and qualify for grant funding without their local union rep’s signature.

    The unions reacted with predictable anger. We believe the rest of the state will stand up and applaud.

    “The RTTT ship is about to leave port, and virtually everyone, except the unions, is happy to be on board,” said Kyle Olson, vice president of EAG. “Flanagan invited the unions to come along, but he wasn’t willing to let them kill the entire experience for everyone with their childish stall tactics.

    “He displayed a great deal of leadership, and bravely defended the best interests of Michigan schools, students and taxpayers, by taking his bold stand.”

    EAG believes Flanagan’s announcement is a welcome sign that the teachers unions, particularly the MEA, have finally lost their powerful and undeserved influence over education policy in Michigan.

     Under the leadership of President Obama, the citizens of the nation and state have decided to take back their public schools and fix what doesn’t work. The teachers unions aren’t happy with that policy, and in the past might have been able to kill the entire effort.

     But our state’s leaders, both Democratic and Republican, finally refused to give in to an MEA/AFT temper tantrum.

     “The people of Michigan are waking up to the reality that education must be fixed, and we can’t wait around for the bitter defenders of the failed status quo to give their approval,” Olson said. “Superintendent Flanagan took a necessary stand in defense of a historic education reform effort.”

    Now it’s official.

    The leaders of the Michigan Education Association, along with the leaders of the Michigan chapter of the American Federation of Teachers, have admitted that they’re purposefully interfering with the state’s effort to qualify for “Race to the Top” grant dollars.

    The state of Michigan is requiring local school boards to endorse and return “memorandums of understanding” regarding the RTTT program if the want a share of the potential federal grant money. The memos must include the signatures of the school board president, superintendent and a local teachers union representative.

    Last week the MEA admitted that it “advised” its local union reps to withhold their signatures from the memos, at least for the moment. Yesterday officials from the MEA and AFT admitted that they have no plan to change that directive before Jan. 7, which is the deadline for school districts to submit the memos.

    The union strategy is ugly on several different levels.

     If the state eventually receives “Race to the Top” dollars, some districts may be left without a penny because one union representative failed to sign a document. And if the unions manage to force enough districts to the sidelines, federal officials may notice and reject the state’s grant application altogether.

    Of course we know why this is happening. The unions are extremely upset about a series of reforms recently passed by the state legislature, and signed by the governor, designed to improve public education and make the state eligible for RTTT funds.

    The reforms include uncapping the number of charter schools, tying teacher evaluations to student performance, allowing the state to manage and suspend union rules in failing schools, and providing professionals in other fields an easier path to becoming public school teachers.

    The unions tried to kill many of the reforms at the legislative level, but discovered their political clout is not what it once was. Republican and Democratic lawmakers supported the reforms by wide margins, and the Democratic governor signed them into law.

    But the unions may have found a way to get their revenge through the “signature” loophole.

    We sincerely hope the public is watching, and will finally understand that schools and children are not priorities for the teachers unions. They are primarily interested in maintaining their position at the top of the education establishment, protected from accountability by tenure and similar laws.

   The evidence? The unions are willing to keep millions of dollars from local school districts, at a time when the money is desperately needed. We just pray their cynical effort proves unsuccessful.

    We’ll keep you posted as events unfold.    

    It’s never safe to assume victory over the Michigan Education Association.

    The MEA is not accustomed to losing, and does not surrender gracefully, even when it knows that it’s continued efforts may be hurting Michigan schoolchildren.

    Michigan’s “Race to the Top” effort is a perfect example. In recent weeks the state legislature voted on a bipartisan basis to adopt a series of education reforms to help the state qualify for RTTT funds.

    The state House, controlled by Democrats, overwhelmingly adopted the package. The state Senate, controlled by Republicans, did the same. Gov. Jennifer Granholn, a Democrat with close ties to the teachers union, pledged to sign the reforms when they reach her desk.

    All the while the MEA fumed about the reforms, particularly those that curb collective bargaining rights in underperforming schools. Even worse for the union was that the legislature’s actions clearly illustrated its dwindling influence in the state capitol.

    But the MEA did not crawl away and lick its wounds. It found a way to steal victory from the jaws of defeat, and potentially keep a lot of money from cash-strapped Michigan schools in the process.

    Few people realized one important detail of the “Race to the Top” rules. Every school board that wants to participate in the program and share in the potential federal grant dollars must vote to approve a “memorandum of understanding” with the state. 

    The memorandums must also include the signatures of the school board president, superintendent and a local teachers union representative before they can be returned to the state.

    If any of those three signatures are missing, the school will not qualify for grant money.

    So the MEA sends a message to its local reps throughout the state, advising them to withhold their signatures from the documents.

    We at EAG issued a statewide press release yesterday afternoon, calling on the MEA to abandon its devious plot to sabotage our state’s RTTT effort. In response, a union spokesman told the Grand Rapids Press that local reps have been advised to withhold their signatures for now, but not necessarily on a permanent basis.

     Well, the deadline for schools to get on board is Jan. 7. That’s little more than a week away. What do union leaders hope to accomplish in that time that will make the RTTT reforms less offensive to them?

    We know this much. If the union’s strategy costs Michigan an RTTT grant, everyone will know who to blame. If the grant comes through, but certain schools are left out due to the lack of a union signature, the residents of those districts will know who to blame.

    MEA officials are pursuing this negative strategy at their own risk. We want them to know that the staff at EAG will be watching closely, and will blow the whistle if the union manages to destroy this unique opportunity for even one school district.

  Stay tuned. . .

     We at EAG would like to congratulate the teachers of Portage schools for accepting a two percent pay cut and an early retirement package, which will help  the district erase a $2.5 million deficit and save teaching jobs in the process.

    It demonstrated that rank-and-file teachers really do care about their students and their younger colleagues who are threatened with layoffs.

     Most schools throughout the state are experiencing the same type of financial challenges. Rising costs, declining enrollment and the recent cut in state aid have forced school boards to plan painful budget cuts in the middle of the academic year.

      Many districts, like Portage, have asked union employees to accept temporary concessions to avoid layoffs and other spending reductions. Unfortunately the process has not gone smoothly in every district.

     A few days ago we blogged about a group of Wyoming teachers who recently signaled their willingness to drop their expensive MESSA insurance coverage, or accept wage concessions, to help their district eliminate a huge deficit. But their union, the Wyoming Education Association, blocked their effort and refused to reopen contract negotiations with the school board. As a result, 57 school employees are due to lose their jobs in January.

    We hope local teachers unions throughout the state will choose to follow the Portage model, rather than the Wyoming model. Most districts spend about 75 percent of their budgets on labor costs, so union concessions will be necessary to help our schools survive the current financial crisis.

   We know how liberals, particularly those in the education establishment, like to say that Corporate America dictates public policy through campaign contributions.

   A new report, prepared by the Center for Responsive Politics and the National Institute on Money in State Politics, does a good job of dispelling that myth.

   As it turns out, the National Education Association was by far the nation’s biggest political contributor during the 2008 election cycle. The NEA dropped a cool $56.3 million on its list of favored liberal candidates at various levels of government, which was about $12 million more than the runner-up contributor spent.

   The American Federation of Teachers was also busy writing contribution checks, to the tune of $13.8 million. And the two unions joined forces to contribute about $3.3 million to various campaigns in a handful of states.

    What was that again? Our government has been bought and paid for by Corporate America?

    The Education Intelligence Agency summed up the true situation this way: “America’s two teachers unions outspent AT & T, Goldman Sachs, Wal-Mart, Microsoft, General Electric, Chevron, Pfizer, Morgan Stanley, Lockheed Martin, FedEx, Boeing, Merrill Lynch, Exxon Mobil, Lehman Brothers and the Walt Disney Corporation combined.”

    That’s ironic when you consider what the unions got in return for their huge investment. We’re certain they were excited on election night last November, with a Democrat headed to the White House, big Democratic majorities taking over Congress, and Democrats controlling  statehouses across the nation.

     But alas, Democratic officeholders at every level have turned on the unions, despite their generous campaign gifts. The President is demanding Republican-style education reforms through his “Race to the Top” initiative, and state officials across the map are scrambling to cooperate and quality for federal money.

    So I guess we can’t say that the teachers unions are dictating public policy with huge campaign expenditures. They certainly tried, but their pet politicians ate up all the treats, then turned around a bit their master.