Illinois, New Jersey and Michigan Taking the Pension Fight to the Courts

Teachers and education support professionals are no different than other working Americans: they sacrifice and save to be able to retire with modest, secure benefits. But as some politicians increasingly try to balance budget shortfalls by withholding or cutting payments to the pensions of educators and other public employees, educators and other workers are turning to the courts to prevent lawmakers from walking away from their legal obligations.

The most recent examples come from New Jersey, Illinois and Michigan.

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In New Jersey, educators last week said they “will pursue every legal avenue” to stop Gov. Chris Christie from taking $2.43 billion meant for the state’s pension system. Elsewhere, the Michigan Supreme Court announced last week it will review whether Gov. Rick Snyder and state legislators violated contracts between the teachers’ unions and the state’s teacher retirement plan. And in Illinois a state judge ordered that the implementation of a new law be blocked while the courts review the law’s constitutionality.

Contrary to the perception promoted by ALEC, extremist politicians and other anti-public sector groups, teachers, police officers, firefighters, nurses and public employees do not receive gold-plated pensions. The median public pension benefit in 2007 was $20,947. Workers contribute a fixed percentage of their salary into their pension funds. Historically, almost 75 cents of every dollar paid in pensions come from investment returns, not tax dollars. In those states with underfunded pension funds, typically politicians have for years shorted or skipped the employer contributions required by law.

New Jersey public school employees say Christie’s plan to take money budgeted for the pension fund is particularly offensive in light of an overhaul signed by Christie in 2011 that shifted more pension costs to public workers, raised their retirement age to 65, and froze yearly cost-of-living adjustments. Christie has ruled out raising taxes on the wealthy to balance the state’s budget.

New Jersey Education Association President Wendell Steinhauer called Christie’s maneuver an “illegal, irresponsible and reckless proposal.

“As a candidate, he pledged to educators that ‘nothing about your pension is going to change when I am governor,’” Steinhauer said in a statement.

In a one-sentence order, the Michigan Supreme Court last Wednesday granted an appeal of a lower court ruling. Retired teachers contend that changes to state law disregard promises made by the state in pamphlets, brochures and other documents regarding the retirement system.

In Illinois Sangamon County Circuit Court Judge John Belz issued a temporary restraining order two weeks ago blocking a new law, which affects most elementary and secondary school teachers and state employees outside of Chicago. The lawsuit is one of five that maintain the law unconstitutionally deprives workers of retirement benefits they have earned. According to the lawsuits, the law violates the provision in the Illinois Constitution that states that membership in a public pension system is an enforceable contractual relationship, “the benefits of which may not be diminished or impaired.”

High school teacher and Illinois Education Association President Cinda Klicka said, “We had a victory today in being granted this stay. Now we’ll wait to see what the court says about the entire case.”

Getting Educated: Clerical Services Professionals

Action GuideSecretarial, Clerical and Administrative Services; Office Assistants, Bookkeeper, Accounting and Financial Assistants; Statistics, Payroll, General Office Assistants; Registration and Records Attendants; Telephone Operators; Nonmanagerial Supervisors

“I was everywhere and into everything, kind of like a ‘Chief Information Officer’ at a big corporation.” – Karen Mahurin, Former school secretary in Alaska and Oregon, former President of National Council for ESP

Who Are We?

Karen Mahurin, President of NEA’s National Council for Education Support Professionals, served as a school secretary in Alaska for 22 years before moving south to Oregon.

In those 22 years, she saw first hand how America’s changing society has impacted public schools. “As a school secretary, I saw more and more students and families with financial and emotional challenges, as well as special circumstances,” she says. “They needed extra attention and as a secretary and someone they knew and trusted, I was there to give it.”

In the last two decades, the workload for school secretaries and other clerical staff has increased dramatically. Some of the factors include an increase in student mobility, the growing documentation needed to keep track of special education students, a surge in children who require verification of school enrollment in order to receive public assistance, and the current nursing shortage.

“I originally joined the Association for the liability insurance,” Mahurin admits, “because nine days out of ten, I was the one giving students their daily medications for asthma, Attention Deficit Disorder, and more.”

Because public schools mirror their communities, new issues are arising yearly for public school staff and especially clerical services professionals.

For example, the increasing numbers of foreign-born students are bringing new language challenges into the schools. Secretaries must gather and maintain information for all students, including those who are not native English speakers.

Increased standardized testing for students has also created a whole new area of recordkeeping and information gathering for secretaries and other clerical workers.

Another big challenge is the growing number of students who are also parents. Clerical services members are often very involved with student parents — arranging appropriate school schedules, setting up appointments with medical personnel, and sometimes even making arrangements for babysitters.

WHO ARE CLERICAL SERVICES PROFESSIONALS?

  • We comprise 17 percent of NEA ESP members more than 56,000 people
  • 91 percent of us work full time
  • 73 percent of us do not have an advanced degree, but 17 percent of us plan to earn one within the next four years
  • 81 percent of us have attended professional development training in the past two years
  • 5 percent of us are currently attending school or college
  • 25 percent of us work with special education students
  • 53 percent of us are paid on an hourly basis, with an average wage of $12.77 per hour
  • Our average annual salary is $26,985
    *Source: 2002 Status of NEA K-12 ESP Membership Study

3 MYTHS ABOUT CLERICAL SERVICES PROFESSIONALS

Myth #1: “Secretaries sit in the central office all day and do busy work.”

Karen laughs at the thought of sitting in an office all day but says she knows it is a common misperception about the role of clerical staff.

“I was everywhere and into everything, kind of like a ‘Chief Information Officer’ at a big corporation,” she explains. “I was the absolute front line of public relations with parents and the community, yet still had to balance the mountain of paperwork the school had to process.”

She refers to a famous quote by Robert Reich, Secretary of Labor under former President Bill Clinton. “He once said that anyone who has been in the military, and in the Navy in particular, understands the meaning of the expression: ‘The chief runs the navy,'” she explains. “Reich said, ‘As it is in the Navy, so it is in a public school district. The secretaries keep the school running.'”

Saundra Roberson, secretary to the principal at Booker T. Washington High School in Shreveport, Louisiana, agrees.

“I produce programs and brochures for all school functions and various departments, fulfill material and supply requests from teachers, train students and staff on software programs, and help coordinate reproduction of school publications,” she says. “I also organize homecoming and all of our football activities.”

Myth #2: “Computers have made it easy for clerical workers.”

While an outsider might think computers have made jobs easier for clerical workers by decreasing paperwork, the computer age has actually increased information collection and storage. The many gaps in training with new computers and software also make it difficult for clerical services personnel to meet their ever-changing job requirements. “We are required to work smarter with all this technology, but since many districts don’t invest in our professional development needs to teach us how to work smarter, we go out and learn it ourselves.”

Like Mahurin, Louisiana’s Saundra Roberson paid for her own professional development — earning a computer training and certificate from a reputable consulting company. She then used the knowledge to lead workshops and teach school staff how to use software programs — such as Microsoft Word — more effectively and efficiently.

Karen says most clerical ESP members she talks with have indeed paid for training out of their own pockets.

“I’ve ‘trained myself,’ or ‘I’ve learned on the job’ are big phrases among clerical staff,” she says. “I also know of numerous clerical services employees who have devised their own training programs based on immediate need and then instituted these programs within their own circle of co-workers, completely independent of any supervisor assistance or even knowledge.”

Ohio’s Debbie Szalkowski, secretary for Special Pupil Services at Maple Heights City Schools, is one of them. When her colleagues expressed an interest in getting help to manage extra tasks, she applied for a grant from National Foundation for the Improvement in Education (NFIE) to study strategies for project and time management, and then held district-wide training sessions to share the techniques.

Christine Koyish, a Secretary in Michigan’s Ionia High School’s Guidance Department, attended a series of technology seminars to become an “expert” in the school’s software. With the help of her colleagues, Koyish then wrote a manual for employees and began hosting workshops for teachers and student staff aides.

“Computer training, time management training, communications training… we would benefit from all of it,” Mahurin adds.

Myth #3: “Secretaries have little impact on student achievement.”

“Because so many of us live in the districts we work in, we care deeply about our students — as if they were our own kids,” explains Oregon’s Mahurin.

Ohio’s Debbie Szalkowski agrees. When she noticed that many Maple Heights students were going straight from high school to the workforce, she started freely passing on her prioritizing strategies to them. “I’m touching students in a meaningful way,” she says. “ESP staff has a really important role to play in supporting student achievement.” When Louisiana’s Saundra Roberson realized not many students had access to a home computer, sheMYTH #3 began working with them after school with research on the computer for reports and other assignments on her own time.

Colorado’s Joann Falk, a Human Resources Secretary for Pueblo School District 70, helped design a new program for substitute teachers, start a beautification project for several of the district’s schools and create an elementary school media center all in addition to her “daily” roles.

Says this NEA 2002 Support Professional of the Year: “We must work as teams to improve education for all of our students, no matter what we do for a living.”

Creating Learning Opportunities

Pennsylvania school secretary Darryl Rowland helped chart a “change of course” at Abington Junior High School when in the late 1990s, she wrote for and received a grant from NEA’s National Foundation for the Improvement of Education (NFIE).

Her idea? To bring together several groups of school stakeholders — including members from the Abington Secretaries/Aides Association and Abington Education Association, along with district leaders and Parent Teacher Organization members — to build community understanding and support for the use of high-end technologies.

Proposed by support professionals, the team worked to implement a computer training and mentoring program that was eventually adopted by the entire school district.

“We believe that all school employees have a role in supporting student learning by modeling the successful use of technology,” says Sheila Shapiro, coordinator of curriculum and instruction at Abington Junior High School.

“When I first heard that we were all going to get training on computers,” remembers Dolores Hannum, a secretary at the junior high, “I was very excited because it was a wonderful opportunity to have classes available that would help us better ourselves and help us do our jobs better.”

Dolores, along with secretaries Josephine Haviland and Bonnie Kash, wrote a training manual codifying the word processing and database management activities for which support staff is responsible, while teacher Bob Heine and computer lab aide Megan Maule organized a team of student technology coaches who, in the first three months alone, provided 62 hours of assistance to Abington staff.

“Not only was our computer training worthwhile and fun, but we felt that everyone was made more of a team,” says Josephine. “Support staff was looked at as equals and as a valuable part of the district.”

Teacher Janine Sack agrees: “There was no line between teachers and support staff when it came to technology,” she says. “We were all learning together, as colleagues, and we had never done that before.”

For more about NFIE: http://www.nfie.org/

Why You Should Pay Attention To Politics

The Koch Brothers, ALEC and their secretive network of interconnected boardrooms and front groups have plotted for years to strip teachers, education support professionals, health care employees and other public sector workers of their rights in the workplace. That explains why, at the moment, they have their eyes fixed on the U.S. Supreme Court, which is expected as early as next week to issue a ruling that could undermine the rights and protections of all workers.

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The case in dispute is Harris v. Quinn. Originating in Illinois, the lawsuit was brought by the National Right to Work Legal Defense Foundation, which has two staff attorneys who are identified on the group’s website as “Koch Associates.” The billionaire Koch Brothers in 2012 alone spent $122 million on politics to benefit their business interests at the expense of working families.

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The Koch’s’ main political organization, Americans for Prosperity, has waged a war against increasing the minimum wage. The group has also put its massive budget toward supporting tax cuts for the wealthy, weakening Medicare and workplace safety rules, opposing unemployment insurance and bankrolling the Tea Party.

The central issue driving Harris v. Quinn is the principle of “fair share,” a mechanism by which all workers equitably share the cost of maintaining union-negotiated protections and benefits. The Koch Brothers, ALEC and their allies have long claimed, contrary to established law, that fair share fees are used for political activities.

Labor scholars and analysts say the legal challenges to fair share are aimed at amassing political power.

John Logan, director of San Francisco State University’s labor studies program, in response to a fair share lawsuit in California (Friedrichs v. California Teachers Association), told the Huffington Post:

The purpose of the legal challenge is not to protect the rights of individual employees. The real purpose is to diminish the political voice of public-sector unions.

For its part, ALEC, or the American Legislative Exchange Council, often pursues a parallel track with the Koch Brothers in seeking to silence the voice of workers. A “bill mill” that pairs corporate lobbyists with politicians to vote behind closed doors on model bills, ALEC, funded in part by Charles and David Koch, has helped the Kochs pass anti-worker and school privatization legislation in state after state. According to the Center for Media and Democracy,  the “Kochs’ mistrust of public education can be traced to their father, Fred, who ranted and raved that the National Education Association was a communist group and public school books were filled with ‘communist propaganda.’ ”

Through model legislation, ALEC helps the Koch Brothers and like-minded corporations limit the rights of teachers, firefighters, police and other public workers through “right to work” legislation and the elimination of fair share.

Harris v. Quinn involves a challenge to an Illinois statute that allows a union selected by home-care workers to collect a fair share fee from all the workers in the union.

IT’S Time To Get Politically Active

GPA MISSION STATEMENT
The purpose of the GPA program is to educate, organize and recruit member activists to
accomplish the goals of IEA-IPACE through grassroots political action and policy advocacy
efforts.

GPA EXPECTATIONS
Organizing Expectations
• Maintain ongoing recruitment efforts to ensure at least 10 members are available to
assist with various grassroots activities
• Build, update and maintain a list of members interested in legislative and political action
• Communicate regularly with GO-Team and region

IEA Internal Activities
• Attend region council meetings to provide a report
• Submit report if unavailable to attend

IEA Legislative Activities
• Build a legislative contact program in collaboration with Government Relations (GR)
• Initiate contact with State Senator(s) and State Representative(s)
• Meet with a legislator at least two times per year
• Attend at least one legislative reception/event (per IPACE/IEA lobbyist invite)
• Commit to act on all IEA Calls to Action
• Conduct a school tour with a legislator

IEA Political Activities
• Attend IPACE Candidate Recommendation meetings (when applicable)
• Assist lobbyist with attendance at IPACE Candidate Recommendation meetings
• Participate in election activities during the campaign season (as determined by GR)
• Conduct at least one school board training

NEA Activities
• Sign up as a NEA Cyber Lobbyist
• Conduct at least one NEA Cyber Lobby sign-up event
• Conduct at least one NEA Fund Drive event

GPA ACCOUNTABILITY
The GPA will submit three reports detailing his or her activities and provide an update on
additional GO-Team members. Reports will be submitted to his or her Region Chair, UniServ
Director, lobbyist and GPA program staff.

• Report #1 – Activities and recruits from September to January – due February 1, 2015
• Report #2 – Activities and recruits from February to May – due June 1, 2015
• Report #3 – Activities and recruits from June to August – due September 1, 2015

1
2014-2015 EXPECTATIONS
GPA TRAINING
A mandatory webinar will be provided to GPAs explaining the nuts and bolts of the program,
specifically focusing on expenses and stipends.

We encourage attendance at training opportunities offered throughout the year. These
trainings provide the skills GPAs need to be effective and meet expectations. All trainings
will be held in Springfield, IL unless otherwise noted. Training dates are listed below.

• August 1 & 2, 2014 – GPA Organizing Training
• September 19 & 20, 2015 – GPA Political Action Training
• January 23 & 24, 2015 – GPA Mini-Convention/Legislative Training

For more information contact John Piechocinski at jpattr@yahoo.com

Congrats to those retiring from PASS

PASS Retirees
Name DAC Position
Renee Biernacki BM SETA
Michelle Burnette MV Custodian
Arlene Cammack Transportation District Transportation Secretary
Elaine Clark PNHS TA assigned to Media Center
Jeanne Cremer PHSCC TA assigned to Media Center
Jeanette Erickson TJ Head Custodian
Anthony Fremarek PSHS Custodian
Cynthia Gallick LF Registered Nurse
Kristine Garfinkle PSHS General Office Secretary
Judith Havlicek PEHS Office Clerk assigned to the Attendance Office
Barbara Hobson BM SETA
Deborah Hurd PHSCC Campus Monitor
Raymond Lopez PSHS Campus Monitor
Edward Mittelstaedt PNHS Custodian
Janice Morrie HG SETA
Cynthia Moudry LF SETA
Kathleen Myers BM SETA
Diane Perschnick IT Media Clerk
Elizabeth Phillipp WE Lunch Supv/TAAM/TAPM
Thomas Ras Facilities OMT Custodian
Connie Rivera TR SETA
Cynthia Sarnowski PSHS Campus Monitor
Kathleen Sullivan PSHS Secretary for Special Ed