Tacoma Contract Negotiations

Jarvis, Miller punish teachers for striking

In Contract News on September 23, 2011 at 5:46 pm

That didn’t take long, but it’s not much of a surprise.

Tacoma School Board President Kurt Miller and Supt. Art Jarvis are trying to punish Tacoma teachers for going on strike by unjustly withholding money from teachers’ next paychecks. Their action is a violation of the agreement they negotiated with the Tacoma Education Association in Gov. Gregoire’s office Wednesday night. Here is the text of a letter TEA President Andy Coons sent to Miller and Jarvis today:

Sept. 23, 2011

Dear Tacoma School Board President Kurt Miller and Supt. Art Jarvis,

Yesterday afternoon, Tacoma Education Association certificated members approved a new collective bargaining agreement with the Tacoma School District by a vote of 99 percent YES.

After our vote, you publicly declared the need for “healing” and emphasized your “respect” for teachers.

Today, as Tacoma students and teachers returned to the classroom, your words ring hollow in an all-too-familiar way.

Within 90 minutes of the TEA ratification of the new collective bargaining agreement with the Tacoma School District, your human resources emailed all certificated employees and informed them their Oct. 5 paychecks would include pay for only two days’ work. Your administration’s email provided no rationale for this decision, nor any explanation regarding future paychecks.

Despite your public rhetoric about the need for “healing,” your unilateral decision to inflict unnecessary financial harm on TEA members is appalling and in violation of the agreement you and I personally negotiated in Gov. Gregoire’s office earlier this week.

That agreement contains language that protects TEA members from retribution or retaliation by district administrators. Through your decision to reduce our Oct. 5 paychecks, you are doing exactly that to Tacoma teachers.

TEA members’ paychecks are pro-rated throughout the school year, providing Tacoma teachers with reliable, consistent income. Many Tacoma teachers have health-care premiums, mortgages and other ongoing payments deducted directly from their bank accounts. Your unilateral decision to reduce their paychecks jeopardizes both the health and well-being of 2,000 certificated TEA members and their families.

There is absolutely no reason for your administration to discontinue that longstanding practice, even for one payday. According to your own accounting staff, whom I spoke with today, the Oct. 5 paychecks have not been cut, despite your administration’s initial claims they had. Your administration’s claim that paying Tacoma teachers fully on Oct. 5 would somehow constitute a “gift of public funds” is absurd; Tacoma teachers will be working the fully number of days required by our collective bargaining agreement.

I call on you to honor past practice, the new collective bargaining agreement and your own rhetoric: Please direct the Tacoma Public Schools payroll department to issue certificated staff the appropriate prorated paychecks based on the entire school year.

Tacoma teachers have ratified a new contract and returned to work. A critical component of that agreement is the no-harm clause in which you agreed not to retaliate or discriminate against teachers for striking, and we agreed not to discriminate or take reprisal against district administrators. We have upheld our end of the bargain. It is time for your administration to do the same.

Sincerely,
Andy Coons, Tacoma teacher and Tacoma Education Association president

  1. Wow! Andy, you are wonderful. Thank you so much for this clear and emphatic response. Jarvis appears to want the teacher’s animosity. I will never understand this sort of revenge and bullying in a public school setting. I can not put words effectively to how proud I am to know you are our president. You have led us through all of this and managed to keep us whole. Truly I appreciate you.

  2. If this had been known 90 minutes before the vote I wonder if the outcome would have been the same. Jarvis is Hitler reincarnated. Did you see the smug look on his face with The Gov.? He is evil and if I had my way, we would all go back out on strike and bury that SOB with public outcry. Is it true non-strikers will get normal pay on Oct. 5th in addition to the extra money they got for showing up and doing nothing? Is double dipping legal? Speaking of work, I’ve seen some really nice scrap book samples that were made on school time as will as personal correspondence and other time filling activities completed by the non-strikers. Will the non-strikers get the benefit of the new contract or will they work under the District proposed plan: which makes sense since they wimped out. If they got extra money, will they have a clear conscience to keep it? Ask them, you know who they are.

  3. This is absurb and totally unacceptable. This should be published in every news media outlet we have. The parents need to know how awful this administration is. Is there anyway we can get Jarvis and Miller a early out? I am not a teacher and this upsets me greatly. Jarvis is not to be trusted. I also wonder if the TEA can send the representatives to court to file with the judge at the unfairness that is being shown to the teachers. Jarvis is trying to union bust for sure. I just wonder how he accomplished forty something years in teaching administration and not be able to work around unions?

    • I agree this is totally unacceptable, yet very predictable. I am one who has contacted their mortgage company trying to delay payment in October. But, I don’t think we should let this go public. There are a lot of parents, because of the TPS media machine, who have the perception that we are “greedy teachers” who “don’t teach their children”. If we made this a public issue, this would be fuel for their arguement. Unfortunately, the media machine at TPS did an EXCELLENT job at letting the public know this was an “illegal strike”. To ask to be paid would cause another demonizing media spin. I’m going to swallow my pride, eat Top Ramen and take it. I will also teach the hell out of my classes, and know that karma catches up with vindictive behavior eventually.

      • I think I have to agree with Mel. Of course Jarvis was going to do this to us. I can’t imagine anyone’s surprised by that. He appears on all counts to be a mean sort. But more than once when people commented that it was easy for us to strike while we were being paid I heard the response” we aren’t being paid!”
        Hopefully we’ll be paid on the 20th. I’d like confirmation on that so I can make plans. And thanks to TEA, the governor, and all of our resolve for end this strike when we did. It could have been a lot worse!

  4. How pathetic. Shows just how small of men these two scumbags really are. Time to replace this entire school board and demand a new superintendant who actually has a personal interest in seeing this community succeed!

  5. TPS New Pay Practice? –Receive Money When Services Rendered

    Yes, we have been notified TPS plans on retaining part of our salary as a result of the recent strike. However, we were not notified when these services will be paid. Is it never? Or perhaps it is when services are rendered.

    The latter being the more reasonable explanation, I would like to point out that monies received in July and August are from services already rendered September through June.
    We need to advise TPS immediately that according to their new pay practice, all certificated staff paychecks were short in September by 1/10 of summer wages. After all, not paying teachers until the summer for monies earned during the school year is a ‘gift’ of personal funds we can no longer afford to trust in the hands of those who are dishonest and deliberately intend to harm us and our families.

    Governor Gregoire stated she was going to be looking to see how this new contract was implemented and predicted it could be a model others would look to for guidance. Are you watching Governor Gregoire? I think Dr. Jarvis and the school board need another trip to the Governor’s office.

  6. Vote of no confidence?

  7. You have got to be kidding me. You want healing? Maybe you should start by apoligizing to all of the non-teacher district employees that were locked out during your strike. Why should you get a full pay check when we aren’t? We have bills too! “Your unilateral decision to reduce their paychecks jeopardizes both the health and well-being of 2,000 certificated TEA members and their families.” You should get paid for those days when you make them up just like the rest of us that had no choice in the matter.
    Sincerely,
    Julia Graves
    Nutrition Services Worker
    PSE Union Member

  8. Wow I, well I expected that! The cowards!!! I haven’t liked him since I met him two years ago at my son’s school where all the parents were chastized for not being more involved in the school!

  9. I don’t understand why there is such an outcry to be paid for days that weren’t worked. When you don’t work, you don’t get paid. Why are TEA teachers expecting to be paid for time you chose to spend out of the classrooms? In what other industry to workers get paid by the employer for striking? Shouldn’t the union be handing out checks?

    Oh…and, Steven Stanley. Did you seriously just pull out Hitler? Grow up, man.

    • Jason,
      Just so you know, Tacoma teachers get paid on salary per 182 days worked. We don’t get paid hourly for teaching so this makes no sense. If you were paid salary, then then you would understand how that works. Google it, I’m sure you can get some explanation there.

    • Jason:Frustration causes people to pull stuff out of their behind. Sorry about that. I should have taken a higher road and said this. Teachers are supposed to see 24 equal payments based on the pro-rated approach to time worked. Since a contract is in place, it is common practice to keep the normal pay schedule. The argument Jarvis is using is mean spirited and premeditated. It does not foster healing and it is a form of retaliation. It also goes against his word and promise made in the Governor’s office. All of this just makes frustration elevate to a higher level.

      • Steven, thanks for the follow up. I understand frustrations.

        Also…thanks to everyone that explained the 182 days thing. That makes sense. Essentually, if you received strike pay and then later received your pay for working the made up days, you would be double dipping. I get it, now.

  10. Certain questions arise as to what was discussed in the meeting with the Governor. Our President by his comments and this letter tend to reflect that the matter was not discussed. Yet in the district email link that has been revised not once but twice by administration the information tends to say it was discussed. It appears there is either misleading and deceptive tactics that fly in the face of the amnesty clause or there are just plain fools running both sides. I lean towards the former. Question: Why is it ok to be paid on the 20th for work not yet performed but not ok on the 5th? Question: If this is a breach of the contract amnesty clause can a court injunction be put in place on behalf of the union? Question: Should I hold onto my picket sign for good measure? TEA executive board please respond.

  11. More lies from these two! You are asking them to “honor” an agreement, when they don’t know the true meaning of the word! What lessons are they teaching the students?

  12. Unbelievable!

    You accept a proposal that the District had basically offered days before and then try to spin it as a huge victory for the teachers.

    You get all upset about not being paid for days that you didn’t actually work in spite of a judge’s direct and unambiguous instruction to end your illegal strike and get back into the classroom,

    You continue to spew misleading and inflammatory rhetoric intended to villify the District who are actually the representatives of the taxpayers who’s support you are trying to enlist.

    In the end your goal was to avoid a tiny pay reduction in spite of the fact that the taxpayers who pay for your services have taken a big pay cut, demand class size reductions that have been repeatedly proven to have ZERO effect on the quality of education but are desireable to the union so they can collect more dues, and protect teachers based on seniority alone with no consideration as to the quality of that teacher.

    Bravo! Is it any wonder that public opinion is running against the teachers and their union at a ratio of about 3 to 1? Is it really possible that teachers can be led like sheep by a union that uses them to achieve goals that are good for the union while destroying the teacher’s image in the community?

    This is exactly why the political leaders for the first 170 odd years of America’s existence, regardless of party, felt public sector unions should without a doubt be illegal. Wake up teachers – you were protesting against the TAXPAYERS of WASHINGTON by making it as uncomfortable as possible for the TAXPAYERS of WASHINGON while calling on the TAXPAYERS of WASHINGTON to support you.

    Contracts by their very nature are a legal exchange of VALUE for VALUE. You not only didn’t provide any VALUE for the money you want to be payed, you actually cost the District money tht it would not have otherwise lost by engaging in an illegal strike. The District is absolutely right from a legal point of view. To pay you would be a gifting of value in exchange for nothing which I would think is not only illegal according to State law but would also not teach you any lessons about what you lose when you go on strike. Paying you would be “enabling” and encourage bad behavior in the future.

    • It would not matter to me. I would strike again in similar circumstances. And, I would have paid fines, if ordered to do so by the court; and, I would have gone to jail if ordered to do so by the court; and so on. I will not submit to stupidity; no matter the source.

    • Hey you, who didn’t sign your name: Teachers are Taxpayers of Washington also. You don’t get it and your statistics are totally wrong and you are obviously not in touch with any school or staff. Whichever way teachers get paid, the missed days will be made up in the school year. Yes, this is unique to teaching only, but let’s calculate the hours teachers spend off the clock correcting papers, phoning parents and planning lessons. Seems like turning the paychecks upside down will cost the taxpayers more money when payroll staff has spend more time figuring it out, correcting mistakes and programming computers to rearrange pay schedules. You’re just an angry person who wants to spout off anonymously.

  13. Come on teachers you are crazy. You get paid in the summer because the district puts in reserve each pay period hours YOU HAVE ALREADY WORKED in order for you to get a pay check in the summer. You have not worked those hours yet so there are none in reserve. You do not deserve to be paid for days you did not work. Should there be no consequences for your actions? Do you think any other union member gets paid for hours they do not work. That is like someone going to their employer and saying, “hey I’m going to work next year I would like to be paid for it now.” They would be laughed out of their employers office.

  14. If we are not paid for the 8 striking days, are we correct to assume we are not expected to make those 8 school days up? That would be working for free.
    Andy, please send your letter to the Governator. Everybody else call her.
    “When a person shows you they really are, believe them the FIRST time.” – Oprah

  15. You will be paid after you do the work. Take look at the comments in the news story, this is a battle that the public will not support you on. The agree that the district should not pay you for the days you didn’t work until you have earned the pay.

    • Actually, I just read the most recent comments (about 10 different contributors) and most were positive. There were a couple that went against the teacher’s request, but overall those who posted on the article in the last few hours expressed their feeling that a salary is simply divided over the period of the contract and payment does not necessarily reflect actual hours worked per pay period.

  16. Sorry to disagree Marie. Our pay is divided in to 12 equal months. The district is holding our paychecks hostage. PS- I don’t believe anything in the TNT. It may as well be a tabloid magazine.

  17. Didn’t they give Charlie M. a rather large gift of public funds for work not completed? Lazy J

  18. After reading, investigating, and talking with my principal, I have to agree that the whole withholding pay for a paycheck is indeed a punishment because of inconsistencies and the email from the district. The inconsistencies come from our snow day practices. When we don’t work during snow days, those days are not deducted from our pay and made up after we’ve worked them…our pay remains the same. Thus, the logic of withholding pay until we work the days is not consistent and appears to be a veiled punishment through the gifted funds law (which I’m not sure exactly what that is nor how it applies now and not with snow days).

    As for the email from the district, the email we received had no explanation of the gifted law; it simply stated that those who went on strike would be paid for two days and those that worked during the strike would receive their regular pay and receive extra pay for the make up days. From a leadership lens and in the spirit of healing and unity, that email perpetuates distrust and division.

    How can the actions from Tacoma Public School’s leadership be anything but punishment based on those facts?

  19. Teachers get pay for a total of numbers of days that the school year last, that pay gets prorated for 12 months ( a calendar year), so if they missed 8 days of school they will make up those days at the end of the school year, I work 10 months and my pay check gets prorated for 12 months, so if I work 80 hours per paycheck, I don’t get pay for the 80 hours I worked I get pay for 73 hours only so I can get pay for the months of July and August. I’m a secretary for one of the High School. What the school district is trying to do is violating the contract, that’s wrong!

  20. Okay, a colleague just explained the snow day deal to me….it’s because we have banked those days in time, so it doesn’t affect anything. I am willing to suspend my thinking and see how this plays out…it may only appear as a punishment based on my viewpoint and all the hurt that occurred over the past two weeks.

  21. Linda, there are many people who believe you held the District and kids hostage with an illegal strike. Keep that in mind when you are complaining that you aren’t getting paid for days you didn’t work. Unlike most people who engage in strikes, you know you will make up the strike days, and will in turn recoup your whole pay. It will just take a little longer. Surely you knew this was a risk when you decided to strike. If not, shame on the TEA and WEA for not warning you. Here is an idea, ask the WEA to do loans to Tacoma teachers out of thier strike fund until October 20. Also, keep in mind that you truely held some people’s paychecks hostage: the paras who won’t get paid because they couldn’t work. That is on teachers. It is absolutely unfair for paras to bear the burden of your choice to strike while you don’t face the reasonable consquence for not working.

  22. Has a copy of your letter been sent to the governor, Andy? It certainly should be! I can understand how people could see this as correct- that teachers shouldn’t get paid for days on strike- IF we were only paid Sept through June. Then it would make sense to pay us in June for the days we made up. But since we are paid in 24 equal payments, to withhold money from one check and then add it into the next check is ludicrous!

    On a different note: The picket captains had great purple hats with “We Teach Tacoma” on them. Is there a way that we could have a tee shirt made that is the same purple and that says “We Teach Tacoma?” We have established such solidarity, and if shirts were available for purchase by staff, it would be an outward sign and reminder that we stand together. If we can’t have them made available through TEA, where were the hats made so I can have a shirt made for myself?

  23. TTH wrote On a different note: The picket captains had great purple hats with “We Teach Tacoma” on them.

    Isn’t it a bit embarrassing to be sporting “We Teach Tacoma” paraphernalia when you are on a picket line and not in class teaching the students?

    • Not one bit, CC- We had no choice but to take our time from Teaching to resolve issues that were competely demeaning, rude and dissrespectful to Tacoma Teachers. I have taught for 23 years and I do not know one Teacher that who wanted to strike- we simply had no choice. This can be confirmed by the current childish reaction of art and the board re: attempted punishment by paying us on a differnt schedule than our contract reads. We are contracted to work the same number of days per year by the State- not art. How could anyone NOT see this as punishment for “them” not getting their way re: “strike outcome”? I don’t expect you to agree, rather, to simply state facts as they are. Jon

    • CC, I still don’t think you understand the reasons for the strike. Money was one of the issues, but (for me, at least) not the most important one. The issue of class sizes was a huge concern. When you hear stories from teachers who don’t teach in Tacoma and have 32 or 36 or more students in their classrooms, remember that they did NOT do what we did, which was to stand together and say , “NO!” I teach first grade. First graders cannot work independently. They must be guided through every moment of the school day. Also, I have so many students with significant behavior issues stemming from unstable home lives, violence in their families, incarcerated parents, drug issues, hunger, and parents who simply choose not to parent, that I have to fill the role of the parent, not to mention teach the children appropriate behavior parameters. This takes up a huge part of my day. When I began teaching 18 years ago, having a child with severe behavior issues was the exception. Now it is the norm. I can count on having not one or two, but six or seven students who may be violent, are most certainly oppositional, and whose academic skills are amazingly low because their parents do not provide any support for school work. If I had 36 students, I would have to spend so much time on discipline and trauma issues that teaching would be secondary. Children can’t learn when they are hungry or frightened or traumatized or don’t know where they will sleep that night. I would have no time for individual help for those who are struggling. This happens every single day. If I have 24 students, I still have to spend time on behavior issues, but not as much time. I can spend some one-to-one time with those who are struggling. I have more time to teach and more time to listen and get to know my students. Wouldn’t you rather have your child in a class of 23 than a class of 36? The district wanted to raise class sizes. If we had not said, “NO!”, we would soon have huge classes. That’s not what I want because it is so frustrating to know what my students need, but to have no time to teach it. For me, that is worth going on strike.

      • TTH-I hear your frustration and I appreciate your compassion for the children. I understand all the things you are talking about. I’m a teacher who has watched this unfold over decades (I’m over 50). Sadly, the govt education system is a tangled mess and cannot be improved to the degree that teachers desire. I’m not being pessimistic–just realistic.

        Of course you can’t properly teach a class of 36…23 is even ridiculous, but the whole paradigm is based on “teaching the herd” as efficiently as possible. Our family homeschools and, in my teaching, I accomplish so much more in much less time b/c I don’t have the timewasters that you mention, I can tailor my instruction and curriculum to the individual student and we have the fourth “R” in our schooling–Relationship.

        In the public school setting (often private as well), it’s just not possible to give each child an education that serves their individual strengths and weaknesses. Because of the size of the classes and nature of the system, it’s set up to teach to the average. Those who are lagging will become discouraged; those who are ahead will become frustrated and bored. There is only so much time and individual attention you can give and some good teachers burn out from trying. Not surprisingly, I have seen many school districts create special (choice) schools by applying the homeschool template. It’s apparent that they see the things that are working well in the homeschool environment and they are bringing those ideas into the public sector (private does this too). However, this can only go so far as eventually you run out of other people’s money (as Margaret Thatcher said) and parents are upset when their child isn’t one of the chosen few.

        Of course there are students who come out of the ps system successfully. Those who are self-motivated will thrive in whatever their setting b/c they don’t require a lot of hand-holding from their teacher. Other students will do well b/c they have involved, committed parents. Sometimes you have a very dedicated teacher who clicks with a student and impacts their motivation. At the end of the day, we have to admit that the setting itself is not conducive to quality learning.

        You sound like you care and I think your passion would be better served in a private education setting.

    • Not one bit embarassing. We teach proudly. We also fought proudly for a fair contract and got it!

  24. I’m mad at you guys because I didn’t get my way. I’m taking my ball and go home.

  25. My grandfather was one of the of the original Principals of Tacoma School District. His golfing partner was Trig Blix. My dad was a 32 year Principal in Tacoma. I’m starting my 39 year as Tacoma school teacher. These drive-by ad min folks are like a flea on an elephants butt. Stay strong-they will vanish soon and we will remain committed to our students. Smile knowing we are right and they will be gone soon.

  26. Does anyone else have trouble understanding why no pay on the 5th because “we can’t give them taxpayer money they have not yet earned – that would be a violation of state law” BUT the strike days will be paid on the 20th?!?!?! How could the state law change in 15 days?!?!?! It does not make any sense what so ever!!! It just shows someone is not telling the truth and apparently think people are too stupid to not realize it. I was so hoping that the district would really show good faith and work towards healing. This is the kind of crazy double talk that held the negotiations hostage for so long. They have just reinvigorated all the ignorant haters and recreated divisiveness with this act of revenge. They purposely did it to make the teachers look bad when we, rightfully, objected to their vindictiveness. Oh, if only all the parties involved had Andy’s integrity! That man is a model citizen and human being. Thank you, Andy! I was hoping you could have some peace, but it is hard when you get a knife stabbed in your back.

  27. Mr. Coons, that was a wonderful response to Jarvis! Concise and to the point, I just cant believe how small and vindictive his actions have become. He knows we have to teach 180 days and we signed the tentative agreement trusting both parties will work together. This is not working together. This is small, vindictive behavior from the boss.

  28. A punishment?? HA!! You want your pay for work performed, when you did not perform any services. That is like getting an oil change and all the guy does is top off the wiper fluid, and he expects to be paid for doing an oil change. Are you nuts!! Andy you just want your union members to get paid, so they can continue to pay ” union dues”, so you can go out and fund political attack ads on the school board. So Andy you expect them to get paid and get strike pay on top of that, whicb by the way people in the case of a strike, unions pay employees strike pay, so they want their regular pay on top of strike pay. Give me a break

    • Actually, we do not get strike pay in teacher’s unions because we are contracted for 182 days which we are required by state law to complete. When a strike occurs we must make up each day of school missed. In this case we will use both snow days, two days of the winter break, and add 5 days onto the end of the school year. Only in unions where workers can not make up the days does strike pay come into play.

      • You may not get strike pay, but as you just said you are contracted for 182 days, no matter what you will get paid for time lost, most likely as you make up the 8 days you chose to strike. It may not be now because you guys chose the picket line, defying a judges order, and refused to return to your jobs, this means you want to be paid, when you were not working now?? Sounds absurd. I say you guys take it now, not being paid that is. Would you rather them not pay you, or just eliminate your position all together because they do not have the funds to pay you all?? Would you rather have a job, or be in the unemployment line which is well about 9 percent. Teachers are replaceable.

  29. Some clarification for everyone who’s argument is “no work – no pay” . . . I’m certain then that each of you would also favor a “more work – more pay” philosophy for those teachers that come in early and stay late beyond the contracted hours . . . because I’m certain you would want to be fair in your convictions.

    Also – please note that Jarvis’ argument about gifting public funds doesn’t hold water. The first pay check of the year was for 5 days worked (9/1 – 9/8) – - – yet each teacher was paid for 56.25 hours . . . hmmm.

    Regardless of where you stand on this issue, the fact still remains that Jarvis has been dishonest about the legal standing behind his decision. Including a meeting with principals where he told them that Gregoire instructed he and the bargainers that this was law. Wasn’t Andy in that same room? I’m feel confident that Andy would have remembered the instructions.

  30. It’s clear to me that Jarvis wants his legacy to be the one who broke the union. Well Jarvis it didn’t work . The teachers stood strong and i’m proud of each and every one of them. Don’t embarass your self further by trying to not pay the teachers their full October pay. Unions are necessary for all working people. Our voices are srong and will not be silenced..

  31. Let us look at the big picture. The reason we resisted the subjective evaluation criteria is because we know of at least 6-8 Principals whe cannot garnor respect from their staff because they are idiots. The district knows who these folks are and are taking steps to alleviate the problem. Until they accomplish this we we will contine to strike and work for our students. Quiet sign 1. AB

  32. Our principals are usually trained from within the district. Now that you know that, make up your own mind about why teachers feel insecure.

    • I thought it was because of the test scores. If the Teachers train the principals will the scores improve?

  33. Are you all proud to congratulate yourself and write your ‘statements’ in a locations filled with other people of the same opinion? That takes some balls….

    I know one of the few people who did not strike and followed the court order to return to work. NOW THEY ARE BEING BULLIED BY PEERS.

    YOU are simple minded if you believe that the EVIL school administration is aggressor.

    Respect goes both ways. Stop patting yourselves on the back and show some to people who may not agree with you.

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