STATEMENT BY GEORGE PARKER

November 24, 2009

FOR IMMEDIATE RELEASE CONTACT:

Monique LeNoir
Director of Communications

Phone: 202/293‐8620

mlenoir@wtulocal6.org

George Jackson, AFT

Phone: 202/494‐8178

STATEMENT BY GEORGE PARKER, PRESIDENT,WASHINGTON TEACHERS’ UNION,ON D.C. SUPERIOR COURT RULING ON PRELIMINARY INJUNCTION

Judge Judith Bartnoff today issued a ruling denying the union’s motion for a preliminary injunction toprohibit the District of Columbia Public Schools (DCPS) from dismissing 266 teachers. The ruling means that DCPS will not be required to reinstate teachers during the ongoing challenge and appeals process.

WASHINGTON—We are disappointed with the court’s decision not to stop the layoffs pending arbitration, and with Judge Bartnoff’s opinion that the chancellor had budgetary justification for the reduction in force (RIF). The Washington Teachers’ Union (WTU) will consult with legal counsel on the issue of whether the RIF is subject to the grievance and arbitration procedure, and will continue to support our members in the pursuit of their individual cases and appeals via the Office of Employee Appeals.

It is equally important to note what the court did not do. In her decision, Judge Bartnoff said the court could not second‐guess whether a RIF is the appropriate way to address a budget shortfall. Nor did the court comment on the Oct. 29 D.C. Council hearing, where DCPS conceded it knew about the budget issues before July 31.

It is the WTU’s responsibility to advocate for the best learning environments for our children. Operating a school system in a manner that disrupts the lives of students by dismissing 266 teachers six weeks into the school year is simply wrong. We intend to work through the appropriate legal, political and educational channels to ensure this doesn’t happen again.

Given the major disruption experienced by the students of DCPS, it is imperative that the WTU, Mayor Fenty, Chancellor Rhee, the city council and all other education stakeholders create aproductive and collaborative relationship that will foster maximum success for our children for the remainder of the school year.

PBS Series - Episode 11 "Tensions Rising"

WTU Members:

The below segment about the recent DCPS Reduction in Force aired on PBS “Learning Matters TV”. To watch the entire segment, click here. Thank you.

Controversy has followed Michelle Rhee every step of the way since she took control of Washington, DC’s schools. But now, two years into her bid to turn the district around, accusations of mismanagement and conspiracy may threaten to derail Rhee’s larger reform effort.

At the center of the storm: over 200 teachers who lost jobs in October. That may not sound like much — but the layoffs follow a national campaign to recruit teachers to DC. Why did Rhee hire 934 new teachers between spring and fall only to make layoffs six weeks into the school year?

One thing is for certain — the temperature is rising in Washington, DC. Contract negotiations with the teachers’ union have ground to a halt. And in the words of one DC councilmember, “We are sitting in a chamber where tensions couldn’t be higher.”

ECE Happy Hour

You're invited to honor AFT's early childhood educators in DC for the 2009 NAEYC Conference

WHEN: Thursday, Nov. 19 from 6:30pm to 9:30pm
WHERE: 4th floor, AFT Headquarters, 555 New Jersey Ave. NW, Washington DC 20001
CELEBRATE WITH:
Antonia Cortese, secretary-treasurer, AFT
George Parker, president, WTU
WTU's Early Childhood Education Task Force

Food, music, and an open bar

Candlelight Vigil for Education

The Washington Teachers' Union is holding a Candlelight Vigil for Education on Tuesday, November 17th, at 6:00 pm at the African American Civil War Memorial. Please join us in taking a stand for our young people.

Transitioning to Kindergarten

“Transitioning to Kindergarten” Session and Toolkit
Special Professional Development with the Co-Developer
Tuesday, November 17, 2009
American Federation of Teachers, 555 New Jersey Avenue, NW
4:30 pm – 6:30 pm


Don't miss the opportunity to attend the upcoming National Association for the Education of Young Children (NAEYC) annual conference for free! Taking place November 18-21, 2009 at the Washington Convention Center, join 20,000 fellow Early Childhood Educators and stakeholders in our nation's capital for the world's largest early childhood conference.

Our national affiliate and parent organization, the American Federation of Teachers is a major sponsor for this conference and is offering the WTU 25 free registrations in exchange for assistance with the AFT booth in the conference Exhibit Hall.

More information on NAEYC, To download the NAEYC conference registration form. Click here: http://www.naeyc.org/.

WTU Reaching Out

Hello and welcome to the DC Teachers' E-Portal (The WTU Flagship Blog).

The WTU represents more than 4,200 DCPS teachers and is committed to the development and implementation of educational best practices that support teachers and high quality education for all students.

This blog has been created to serve as an innovative and reliable source of timely information for our members and other key educational stakeholders. This blog will provide an excellent opportunity for teachers, parents, students, educational policymakers and the community at large to collaborate and exchange ideas and opinions on key educational issues.

We invite you to join us and make the "DC Teachers' E-Portal" your number one source of accurate and reliable information and dialogue on hot topic affecting DC Public Schools.

You are welcome to share your thoughts with us...

90-Day Plan Teachers Reinstated

The WTU is proud to announce that we have successfully reached settlement with DCPS to immediately reinstate 31 teachers who were wrongfully terminated by DCPS this past summer based on improper application and use of 90-day plan. The WTU welcomes back these members and will continue to work on behalf of all teachers who were wrongfully terminated under the 90-day plan.

The Future of DCPS

The Washington, D.C. Branch of the

NAACP Presents A Forum Entitled:

The Future of the District of Columbia Public Schools

The National Association for the Advancement of Colored People (NAACP) has a long tradition of fighting for social justice—especially when it comes to defending education as a civil rights issue. That’s why the local branch of the NAACP is hosting a forum on the future of D.C.Public Schools (DCPS). Don’t miss this opportunity to hear key perspectives on the state and future of education in our public schools from Washington Teachers’ Union President George Parker and DCPS Deputy Chancellor Kaya Henderson.

This forum will focus on how parents, individual citizens and groups can work to make our schools better for the students of our city. The forum is free and open to the public.

WHEN: Thursday, Nov. 127:00 p.m.

WHERE: Israel Baptist Church 1251 Saratoga St., S.E. (At 12th St., N.E. near the Home Depot)

All NAACP Branch meetings are open to the public.

Let’s do what’s good for kids and fair to teachers.

Today's Injunction Hearing

Five witnesses for the Washington Teachers’ Union (WTU) —including a teacher, guidance counselor, PTA president, union representative and WTU president—gave compelling testimony at the Nov. 5 preliminary injunction hearing on the disruption in D.C. public schools and classrooms following the layoffs of 266 DCPS teachers.

D.C. Superior Court Judge Judith Bartnoff will issue a written decision sometime next week on whether to grant an injunction to reinstate teachers while the union arbitrates its class-action mass discharge grievance against D.C. Public Schools (DCPS). The grievance challenges the so-called reduction in force (RIF) as a mass firing of teachers and staff in violation of the collective bargaining agreement.

“We are so proud of our members—especially those who testified—for the way they have come together to stand against this act of disrespect and disregard for our students, our schools and for the democratic values we all hold dear,” says WTU President George Parker. “Regardless of the outcome of this one phase of our fight for justice, we must continue to stand together.”

Testifying at the Nov. 5 hearing were: Maurice Asuquo, a former special education teacher at Sharpe Health; Emyrtle Bennett, a former guidance counselor from Coolidge High School; Gwendolyn Griffin, president of D.C. Congress of PTA; and Mary Collins, WTU field representative. Asuquo, one of the only blind teachers in DCPS, told the judge that his principal assigned him to teach a visual arts class. Bennett, who also had been a counselor at Sidwell Friends and Chicago Latin, testified about her high outstanding record of helping seniors get accepted into college and secure scholarship funds. Collins provided information on how DCPS budgeted for the RIF in a way that suggested school officials knew in advance that more experienced teachers would be fired. Griffin explained why the PTA opposes the RIF and supports reinstating the teachers.

“This hearing represents just one battlefront in our fight to restore respect for education, for students and for teachers,” Parker says. “We are standing for what’s right. We are working for what is best for the students we serve and for what is good and just for teachers.”

WTU Legal Action - RIF Q&A

Questions and Answers

On the WTU response to the reduction in force

Q. What legal steps did the Washington Teachers’Union (WTU) take to protect the interests of teachers and the students we serve following the D.C. Public Schools (DCPS) reduction in force?

A. After 266 teachers were released from their positions, WTU immediately filed a class action grievance contending that DCPS’ actions amount to a massive discharge of teachers – or firing – rather than a RIF. Under the WTU contract, DCPS is required to show just cause, progressive discipline, and follow due process before teachers can be fired.

Q. What court-related actions has the union taken?

A. Attorneys for WTU have filed a motion for a temporary restraining order (TRO), as well as a complaint seeking a preliminary and a permanent injunction asking that teachers be reinstated – or placed back in their positions – while the arbitration is being decided. In addition to reinstatement, WTU also has asked that the arbitration of the grievance on the massive discharge be expedited and moved quickly to lessen the damage to teachers and the
school system.

Q. What happened during the Oct. 28 Status Conference and how does it affect the preliminary injunction hearing?

A. During a Status Conference between the union, DCPS and Judge Judith Bartnoff on Oct. 2, the judge determined that a hearing on the TRO was not necessary prior to the Nov. 5 preliminary injunction hearing. The judge did, however, protect the reinstatement rights of teachers, pending the outcome of the hearing on Nov. 5. Further, Judge Bartnoff stated the Court would not accept arguments from DCPS that reinstatement was impossible simply because the teachers had been removed from the DCPS payroll. In other words, the court stated that it retained authority to reinstate the teachers who have been subject to the RIF, in the event the Court agrees with WTU at the injunction hearing on Nov. 5.

Q. Did the judge refuse to grant a TRO on Oct. 28?

A. No. The judge made no ruling on whether to grant the TRO at the Oct. 28 Status Conference.

Q. What are the possible outcomes for the Nov. 5 preliminary injunction hearing

A. The preliminary injunction hearing is just a first stepand a vehicle to move the union closer to arbitration.

The primary purpose of the hearing is for the judge to uphold the union’s right to move forward on the massive discharge grievance under circumstances where the affected teachers remain on the payroll and the arbitrator will not face arguments from DCPS that these teachers cannot be permanently reinstated because they have been removed from DCPS’ payroll.

The possible outcomes of the Nov. 5 hearing are:

1) The judge could decide to preserve our right to arbitrate the grievance and reinstate teachers through the arbitration process;

2) The judge could rule to expedite the arbitration process;

3) The judge could rule that the grievance is arbitrable, but teachers will not be reinstated through the arbitration process; or

4) The judge could deny the injunction.

Q. What happens if the judge rules against the preliminary injunction?

A. Even if the judge rules against the preliminary injunction, our fight is far from over. The union will continue to pursue arbitration on the massive discharge grievance. DCPS, however, would not be required to reinstate teachers during the grievance process. Regardless of the outcome of the Nov. 5 hearing, the union is committed to protecting the interests of our RIF’ed members to the fullest extent possible.

Working for what’s good for kids and fair to teachers.

Injunction Hearing

WTU Members:

The hearing on the injunction and temporary restraining order as it relates to the recent DCPS Reduction in Force is scheduled for this Thursday, November 5th, at 10:00 am at DC Superior Court. We will keep you updated on the outcomes of this hearing. Thank you.

Monique LeNoir
Director of Communications
The Washington Teachers' Union