Collective bargaining and due process rights under attack!

Dear Colleague,

I know you are busy, but we need members to contact their reps and senators this weekend. See below, this bill will be voted on in the Senate on Monday. Collective Bargaining is at risk! Thanks.

To e-mail legislators, visit: http://www.capwiz.com/nea/ma/issues/alert/?alertid=14330211&type=ST

Collective bargaining and due process rights under attack!

New version of Education Reform bill no better than Education Committee bill.
Please contact your legislators now!

The Senate Ways and Means Committee’s version of legislation that deals with underperforming schools, innovation schools and charter schools was released today (11/13). Unfortunately, it still contains the attacks on collective bargaining and due process that were included in the Education Committee’s bill.

The MTA has drafted amendments that we are asking legislators to support when this comes to the Senate floor on Monday and to the House by or on Wednesday.

The bill as currently drafted severely damages teacher collective bargaining and due process rights in schools designated as underperforming.

· It says that if, after consulting with stakeholders, a school superintendent believes there are provisions in the union contract that stand in the way of bringing about rapid academic achievement in the school, the superintendent may propose changing those provisions.

· If, after a truncated period of time to negotiate with the union, there is no agreement, the superintendent would have the power to unilaterally implement his or her last best offer.

· The superintendent could also dismiss, without “just cause” or “good cause,” the principal and some or all of the faculty in an underperforming school. Specifically, teachers could be required to reapply for their jobs. If they are not rehired or hired to fill another vacancy in the district, they would be terminated, regardless of past performance.

It is urgent that you contact your legislators right away and ask them to support the MTA’s proposed amendments to this legislation.

To e-mail legislators, visit: http://www.capwiz.com/nea/ma/issues/alert/?alertid=14330211&type=ST


Please make the following points:


MTA has proposed reinstating current law, which provides for a “good cause” standard for termination in underperforming schools. Only through such a standard will educators receive fair treatment.

The MTA has proposed that if an agreement cannot be reached between the superintendent and the union concerning changes in the contract, the dispute would go to final and binding arbitration. This would be a rapid mechanism that would not impede turning around an underperforming school and would create a successful and fair process.

Collaboration and respect among all stakeholders are essential for creating good schools. Giving a superintendent the unilateral power to waive provisions in the contract and terminate faculty and staff does nothing to foster trust, respect and collaboration. It would allow high-quality teachers to be forced out and would set the clock back on nepotism and other problems that union contracts have helped address.

Underperforming schools must be able to attract and retain highly qualified teachers. Teachers are going to be unwilling to teach in these schools if they can be fired without cause. This will doom the process to failure and will ill-serve students in underperforming schools.

MTA supports innovative solutions to the problems facing students in underperforming schools. For any innovation to be successful, however, teachers must be included as part of the solution, not treated as part of the problem. Educators in the Commonwealth have helped to make Massachusetts students the best in the nation. Any solution to the problems of underperforming schools must respect and build on what we have accomplished.


Please contact your legislators and urge them to improve this legislation as the MTA proposes.