vol. xl, number one february 2007 negotiations

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CSU, CMSD Aim for New Contract by June 2007 VOL. XL, NUMBER ONE FEBRUARY 2007 The Official Publication of the Cleveland Teachers Union Negotiations WHAT’S INSIDE the Critique UNION NEWS ER&D . . . . . . . . . . . . . . . . . . . 2 3-Minute Walk-Through . . . . . . 3 Alternate Assessment . . . . . 10 RoR vs. Office Referral . . . . . 11 Professional Issues . . . . . . . . 11 It’s Tax Time . . . . . . . . . . . . . 13 Community Tips . . . . . . . . . . 13 PHOTO STORIES Social Committee Rocks!. . . 8-9 SPO Luncheon . . . . . . . . . . . 12 PRESIDENTS REPORT Urban Myth Dispelled . . . . . 15 NCLB Fifth Anniversary.......... 10 Highly Qualified Paras . . . . . 11 Union and District Negotiating Teams meet Mondays through Thursdays at the law offices of Squire, Sanders and Dempsey, using the Compressed Interest-Based Bargaining process to craft a new contract that supports teaching and learning. January 29, 2007 was The Day, the date negotiations dis- cussions formally began at the law offices of Squire, Sanders and Dempsey in downtown Cleveland. CMSD and CTU nego- tiators, with help from Federal Mediators Jack Buettner and Mike Franczak, will meet every Monday through Thursday from 8:00 a.m. until afternoon or evening, or later as needed. Fridays will be a “debriefing” day for both teams. Even the three February “snow days” when schools were closed due to extremely cold temperatures were work days for the members of the two Negotiating Teams, who continued to meet at the regularly scheduled times. CTU’s Negotiating Team consists of ten members: Mary Lou Prescott, Director of Negotiations and 3rd Vice President, Senior High and Special Schools; Joanne DeMarco, CTU President; MaryAnn Fredrick, 1st Vice President; David Quolke, 2nd Vice President; Sandra Green, 3rd Vice President, Elementary; Kurt Richards, 3rd Vice President, Middle Schools; Beverly Smith, Ele- mentary Member-at-Large; Michelle Rzucidlo-Rupright, Secretary; Cher- ylane Jones-Williams, Paraprofes- sional Chapter Chair; and Susan- nah Muskovitz, CTU’s attorney. The CMSD Team consists of Craig Cotner, Chief Academic Officer; Cindy Kline, Deputy Chief of State, Federal, Foundation and Special Education Programming; Gayle Stephens, Supervisor of Literacy, Secondary Education; and James Larson-Shidler, Deputy Chief Financial Officer. New Bargaining Process Used Negotiators will be using a bar- gaining approach called Com- pressed Interest-Based Bargaining (CIBB), recommended by Mediator Jack Buettner. This is different from traditional bargaining, but Mr. Beuttner felt this was “the right time” for both sides to try the new method. Both Negotiating Teams and several possible Resource Persons (people from both the CTU Health Care Issues Dominate by David Quolke Director of Political Action As the CTU and CMSD begin negotiations, health care ben- efits remain a top priority. Health care and its related costs, in fact, are major issues across America, for workers and employers, poor and middle class, young Americans, baby boomers, retired and elderly alike — the health care crisis in our country is affecting all Americans in some way. Good News about Mandatory Statewide Health Plan for School Employees Last year in Ohio’s legislature, House Bill 66 (the state’s two-year budget bill) included, as a way to control the cost of Ohio's public edu- cation system, a newly-established School Employees Health Care Board, which was given the job of establishing a mandatory state- wide pool for health insurance for teachers and other employees of the state's public school districts. Educators opposed the mandatory plan, and rightfully so, as an attack on their collective bargaining rights. The “Hands Off Our Health Care” campaign began, and legislators heard from their unhappy con- continued on page 3 continued on page 4

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Page 1: VOL. XL, NUMBER ONE FEBRUARY 2007 Negotiations

CSU, CMSD Aim for New Contract by June 2007

The Official Publication of the Cleveland Teachers Union

VOL. XL, NUMBER ONE FEBRUARY 2007

The Official Publication of the Cleveland Teachers Union

Negotiations

WHAT’S INSIDEthe Critique

UNION NEWS

ER&D . . . . . . . . . . . . . . . . . . . 23-Minute Walk-Through . . . . . . 3Alternate Assessment . . . . . 10RoR vs. Office Referral . . . . . 11Professional Issues . . . . . . . . 11It’s Tax Time . . . . . . . . . . . . . 13Community Tips . . . . . . . . . . 13

PHOTO STORIES

Social Committee Rocks!. . . 8-9SPO Luncheon . . . . . . . . . . . 12

PRESIDENT’S REPORT

Urban Myth Dispelled . . . . . 15

NCLBFifth Anniversary. . . . . . . . . . 10Highly Qualified Paras . . . . . 11

UUnniioonn aanndd DDiissttrriicctt NNeeggoottiiaattiinngg TTeeaammss mmeeeett MMoonnddaayyss tthhrroouugghh TThhuurrssddaayyss aatt tthhee llaaww ooffffiicceess ooff SSqquuiirree,, SSaannddeerrss aannddDDeemmppsseeyy,, uussiinngg tthhee CCoommpprreesssseedd IInntteerreesstt--BBaasseedd BBaarrggaaiinniinngg pprroocceessss ttoo ccrraafftt aa nneeww ccoonnttrraacctt tthhaatt ssuuppppoorrttss tteeaacchhiinnggaanndd lleeaarrnniinngg..

JJaannuuaarryy 2299,, 22000077 wwaass TThhee DDaayy,, tthhee ddaattee nneeggoottiiaattiioonnss ddiiss--ccuussssiioonnss ffoorrmmaallllyy bbeeggaann aatt tthhee llaaww ooffffiicceess ooff SSqquuiirree,, SSaannddeerrssaanndd DDeemmppsseeyy iinn ddoowwnnttoowwnn CClleevveellaanndd.. CCMMSSDD aanndd CCTTUU nneeggoo--ttiiaattoorrss,, wwiitthh hheellpp ffrroomm FFeeddeerraall MMeeddiiaattoorrss JJaacckk BBuueettttnneerr aannddMMiikkee FFrraanncczzaakk,, wwiillll mmeeeett eevveerryy MMoonnddaayy tthhrroouugghh TThhuurrssddaayyffrroomm 88::0000 aa..mm.. uunnttiill aafftteerrnnoooonn oorr eevveenniinngg,, oorr llaatteerr aass nneeeeddeedd..FFrriiddaayyss wwiillll bbee aa ““ddeebbrriieeffiinngg”” ddaayy ffoorr bbootthh tteeaammss..

Even the three February “snowdays” when schools were closed dueto extremely cold temperatureswere work days for the members ofthe two Negotiating Teams, whocontinued to meet at the regularlyscheduled times.

CTU’s Negotiating Team consistsof ten members: Mary Lou Prescott,Director of Negotiations and 3rdVice President, Senior High andSpecial Schools; Joanne DeMarco,CTU President; MaryAnn Fredrick,

1st Vice President; David Quolke,2nd Vice President; Sandra Green,3rd Vice President, Elementary;Kurt Richards, 3rd Vice President,Middle Schools; Beverly Smith, Ele-mentary Member-at-Large; MichelleRzucidlo-Rupright, Secretary; Cher-ylane Jones-Williams, Paraprofes-sional Chapter Chair; and Susan-nah Muskovitz, CTU’s attorney.

The CMSD Team consists ofCraig Cotner, Chief AcademicOfficer; Cindy Kline, Deputy Chief

of State, Federal, Foundation andSpecial Education Programming;Gayle Stephens, Supervisor ofLiteracy, Secondary Education; andJames Larson-Shidler, Deputy ChiefFinancial Officer.

NNeeww BBaarrggaaiinniinngg PPrroocceessss UUsseeddNegotiators will be using a bar-

gaining approach called Com-pressed Interest-Based Bargaining(CIBB), recommended by MediatorJack Buettner. This is differentfrom traditional bargaining, but Mr.Beuttner felt this was “the righttime” for both sides to try the newmethod. Both Negotiating Teamsand several possible ResourcePersons (people from both the CTU

Health Care Issues Dominateby David QuolkeDirector of Political Action

AAss tthhee CCTTUU aanndd CCMMSSDD bbeeggiinn nneeggoottiiaattiioonnss,, hheeaalltthh ccaarree bbeenn--eeffiittss rreemmaaiinn aa ttoopp pprriioorriittyy.. HHeeaalltthh ccaarree aanndd iittss rreellaatteedd ccoossttss,,iinn ffaacctt,, aarree mmaajjoorr iissssuueess aaccrroossss AAmmeerriiccaa,, ffoorr wwoorrkkeerrss aannddeemmppllooyyeerrss,, ppoooorr aanndd mmiiddddllee ccllaassss,, yyoouunngg AAmmeerriiccaannss,, bbaabbyybboooommeerrss,, rreettiirreedd aanndd eellddeerrllyy aalliikkee —— tthhee hheeaalltthh ccaarree ccrriissiiss iinnoouurr ccoouunnttrryy iiss aaffffeeccttiinngg aallll AAmmeerriiccaannss iinn ssoommee wwaayy..

GGoooodd NNeewwss aabboouutt MMaannddaattoorryySSttaatteewwiiddee HHeeaalltthh PPllaann ffoorrSScchhooooll EEmmppllooyyeeeess

Last year in Ohio’s legislature,

House Bill 66 (the state’s two-yearbudget bill) included, as a way tocontrol the cost of Ohio's public edu-cation system, a newly-established

School Employees Health CareBoard, which was given the job ofestablishing a mandatory state-wide pool for health insurance for teachers and other employees ofthe state's public school districts.Educators opposed the mandatoryplan, and rightfully so, as an attackon their collective bargaining rights.The “Hands Off Our Health Care”campaign began, and legislatorsheard from their unhappy con-

n continued on page 3

n continued on page 4

Page 2: VOL. XL, NUMBER ONE FEBRUARY 2007 Negotiations

Page 2 THE CRITIQUE February 2007

TTHHUUMMBBSS UUPP to both the CCTTUU aannddCCMMSSDD NNeeggoottiiaattiinngg TTeeaammss, who havethe monumental task of crafting a new

contract that supports educational success forCleveland students, while appropriately and ade-quately recognizing and rewarding the educa-tional professionals represented by the CTU.

TTHHUUMMBBSS UUPP AALLSSOO to FFeeddeerraallMMeeddiiaattoorrss JJaacckk BBuueettttnneerr and MMiikkeeFFrraanncczzaakk, whose efforts in the

Compressed Interest-Based Bargaining processwill hopefully lead not just to a successful negoti-ations, but to an ongoing spirit of cooperationand collaboration between labor and manage-ment, whose main beneficiaries will be the chil-dren of Cleveland.

TTHHUUMMBBSS DDOOWWNN to those principalswho still believe, misguidedly, that“keeping a lid on” disruptive students

by not reporting all student assaults, and notdealing seriously with them regardless of thestudent’s age, is the way to help the image of dis-cipline in their buildings. This inaction under-mines the whole educational process, and costsprincipals the trust and confidence of the staffand students who are there for teaching andlearning. School staffs, the community, localpoliticians, serious students and their familiesare calling for an end to this practice. It’s timeto make every school serious about safety anddiscipline.

TTHHUUMMBBSS UUPP to MMiicchhaaeell KKuullccssaarr,CTU Treasurer and Bargaining UnitDirector, who has been handling your

phone calls to the CTU office while most of thestaff and officers are at negotiations. Keep up

the good work, Michael, and just in case, hisextension is 224.

TTHHUUMMBBSS DDOOWWNN to the ccoonnttiinnuuiinnggnneeeedd ffoorr tteexxttbbooookkss aanndd tteeaacchheerr eeddii--ttiioonnss in some of our schools. There are

still teachers requesting enough books for theirclasses, and teachers’ editions for themselves.This is a continuing need that must be addressedif we are to become a premier school district.

TTHHUUMMBBSS UUPP to the oonnggooiinngg ccaallll--bbaacckkss of laid-off CTU members, andthe continuously shrinking Recall List.

Many of our 1,400 laid-off members have beenrecalled, although we still have names on thelist, especially in English, Social Studies, CareerTech, and Social Workers.

TTHHUUMMBBSS UUPP to the CMSD financialexperts who found the calculationserror resulting in an overpayment to

STRS. When corrected, it resulted in an addi-tional $6,000,000 for CMSD. You get an A+ inyour math calculations!

TTHHUUMMBBSS DDOOWWNN to the principal (wewon’t name names this time) who triedto use student benchmark assessment

results as part of the teacher evaluations in thatschool, and to any principal who used the 3-Minute Walk-Throughs as part of evaluations.There is a clearly-defined process for teacherevaluations in our contract. And thank you tothe CTU members who alerted us to these con-tractual issues, and the downtown administra-tors who set the record straight and honored thecontract on these issues.

TTHHUUMMBBSS UUPP to tthhee DDiissttrriicctt for pro-viding CTU building chairs with theblue customer service cards. At the

November Delegate Assembly, Dr. Sanders wasasked why only principals received those cards.In response, he sent hundreds to the CTU office,who forwarded them to CTU chairs. If you havea customer service comment, you can get a cardfrom your building chair, not just from the princi-pal.

TTHHUUMMBBSS UUPP to the newly openedCMSD charter school, PPrroommiisseeAAccaaddeemmyy. By creating a school to

serve the needs of a specific student population,CMSD and CTU have collaboratively begun toaddress the charter school problem in Cleveland.If we can’t beat them, we’ll join them — andthen beat them at their own game by providingbetter educational services for these students.

TTHHUUMMBBSS UUPP to CChheerryyllaannee JJoonneess--WWiilllliiaammss and SSaannddrraa BBeennnneetttt,Paraprofessional Chapter Chair and

Assistant Chair, and the CMSD administratorswho work with the paras, for their continuingefforts to get all CMSD paras Highly Qualified.This NCLB requirement has placed extra hoopsfor paras to jump through to keep their jobs, butthanks to Cherylane and Sandra, with the coop-eration of the CTU and CMSD, they have beensuccessful. Only a handful of the 700+ parasnever achieved HQ status, but the CTU andCMSD provided dozens of opportunities andextra assistance. And there is a current griev-ance awaiting resolution, regarding CMSD’sinterpretation of NCLB’s HQ requirement forparas.

ER&D Classes for New CMSD Teachersby Mark BaumgartnerER&D Coordinator

CMSD and the CTU are onceagain offering EducationalResearch and Dissemination

(ER&D) classes for entry-yearteachers. As stated in the agree-ment between the District and theCTU, all entry-year teachers musttake ten hours of District profes-sional development and ten hoursof ER&D. The trainers for ER&Dare CTU members who have gonethough extensive training on thelatest research in effective teach-ing. Once their training is fin-ished, they are able to train teach-ers in the Cleveland schools.

Last spring, the CTU trainedover 400 teachers in effectiveteaching methods through ER&D.Although this training is for entry-year teachers only, the district isplanning on providing paid train-ing in ER&D for all members whowould like it.

On another note, the ClevelandER&D program is expanding.Four CTU members who weretrained in “Making Data Work forYou” in October have been sent for

additional training at the nationallevel. The AFT is starting this newclass because of the great amountof data that teachers are asked todigest and use.

President Joanne DeMarco has

been an advocate of the ER&D pro-gram and is looking to constantlyexpand quality, research-based pro-fessional development that wouldbest serve the members of the CTUand the students of the Clevelandschools.

MMaarrkk BBaauummggaarrttnneerr

Check Your License Status OnlineThe ODE website lets you check your license status and history

online. Go to www.ode.state.oh.us and click on the SAFE AccountSign In menu at the bottom of the left side menu. Follow theprompts to set up your account.

Once you have an account, signin and select ODE.COREEducator Profile from the appli-cations list on the home page.

For more information, sendyour questions [email protected].

Page 3: VOL. XL, NUMBER ONE FEBRUARY 2007 Negotiations

February 2007 THE CRITIQUE Page 3

Health Care Issues Dominate Negotiationsn continued from page 1

paying an additional .5% per yearfor five years. This change in STRSwould require action and approvalof the state legislature.

This plan offers an opportunityfor STRS members to be proactivein providing for their future healthcare needs in retirement. It willalso provide a dignified, more finan-cially secure retirement for currentretirees, who are now watchingtheir monthly pensions be con-sumed by rising health care coststhey could not have anticipated.

You will be hearing more discus-sion about this critical topic. UntilAmerica as a nationdoes something tohelp curb the rise of

SSTTRRSS HHooppeess ttoo GGuuaarraanntteeeeHHeeaalltthh CCaarree FFuunnddss

In another area of health care,STRS is trying to provide guaran-teed funds for retirees’ health care.

Instead, the final report includesrecommendations for improving pro-curement processes and cost con-tainment by setting “best practicestandards,” goals that each district’splan would strive for to improve

stituents in public education.Thankfully, the November 2006elections brought new leadership toOhio, and hopefully will result inchanges to the mandatory proposedplan.

The board’s first order of businesswas to reject a previously existingconsulting contract; the consultantwas supposed to be hired by theboard, but had been hired by anoth-er state agency before the boardmembers had even been named.

The board delivered its finalreport January 31, 2007, asrequired by law. OFT spokespersonLisa Zellner said the report was “ayear and a half after and milesaway from the original intent of HB66.”

The final report rejects mandato-ry pooling of any kind with stronglanguage in support of preservingcollective bargaining, a completereversal of the intent of the lan-guage of HB 66, and the directresult of the board’s research andstudy of union-management willing-ness to seek ways to improve healthcare in a collaborative way.

“This is all clearly a victory [forteacher unions] and a direct resultof our member mobilization andpersistence in this effort,” saidZellner, citing the thousands ofpostcards, emails, letters and phonecalls from Union members to statelegislators.

“This is all clearly a victory [for teacherunions] and a direct result of our membermobilization and persistence in this effort.”

— OFT SPOKESPERSON LISA ZELLNER

efficiency. Some specifics includerequiring transparency from bro-kers, and focusing on wellness pro-grams to improve overall health andreduce costs.

The OFT and CTU strongly sup-port the final recommendations ofthe Health Care Board, but the nextstep is up to the state legislature.Those lawmakers who wanted totake away our rights to collectivelybargain for our health care willprobably not be as pleased with theboard’s recommendations as we are.We need to continue to be vocal andactive on this issue. This time, wewant to encourage lawmakers tosupport the board’s recommenda-tions, which have been painstaking-ly researched and studied.

Stay tuned for news on whataction the legislature takes with thefinal report.

In the past, STRS has providedhealth insurance benefits for retiredteachers, but this was not a guaran-teed retiree benefit. As health carecosts have skyrocketed, the retire-ment system has not been financial-ly able to provide the same level ofbenefits to its retirees.

STRS is not alone in this situa-tion. The high (and rising) costs ofhealth care have caused significantproblems for most retirement andpension systems in all employmentareas.

STRS wants to be proactive inproviding some guaranteed fundsfor its retirees’ health care. A pro-posal is currently being discussedthat would add 5% over five years,to be used only for retirees’ healthcare benefits. The 5% increase inSTRS payments would be phased inover 5 years, at 1% per year, withthe employer and employee each

health care costs, we must planahead for ourselves and our fami-lies.

3-Minute Walk-Throughs Definedby Fred Bickerstaff

Principals and administrators have beeninstructed to use 3-Minute Walk-Throughs tohelp improve instruction in their buildings.However, some questions arose about usingthese for evaluation purposes.

President Joanne DeMarco contactedCMSD Chief of Staff Pamela E. Smith for aclarification. According to a January 4,2007 memo, Ms. Smith said theWalk-Throughs are “brief,focused visits to classrooms forpurposes of observing instruc-tion.” They are to “inform theprincipal of the instruction andcurriculum being taught, todevelop a common language, toestablish consistent expecta-tions, to promote dialogue aboutbest practices, and to share feed-back.”

Ms. Smith said that the visitsare supposed to show the princi-pal’s commitment to teachersand students, and to reachingcontinuous improvement.

She clearly stated that thevisits are nnoott ttoo bbee uusseedd ffoorreevvaalluuaattiioonn ppuurrppoosseess. If yourprincipal uses these walk-throughsfor evaluation purposes, please let theCTU know. There is a process in the con-tract for teacher evaluations that must be fol-lowed. Anything else is a violation of the contract.

One More Time: IPDP’s and Continuing Contractsby Mary Lou Prescott

Just in case you haven’t heard itenough times, be sure you have anupdated IPDP when you take any class-es that you plan to use for your license.All classes that will count for licensingmust be pre-approved as part of yourapproved Individual ProfessionalDevelopment Plan (IPDP). If the class-es are not part of an approved IPDP,you may be taking them just for funand not for credit towards your licens-ing requirements. Don’t be caught inthis position. You can access yourIPDP and update it online. Save your-self a lot of problems and headaches;update your IPDP early. Don’t waituntil the last minute, and don’t becaught with classes you have takenthat won’t count towards your license.

On another important topic, anyonewho qualifies for a Continuing Contract(tenure) is urged to apply. The deadlineis March 1, and continuing contractstatus begins the next school year(2007-8). If you meet all the otherrequirements but your principal refusesto sign off, submit the application any-way. The CTU is currently in arbitra-tion over this issue. Although we arenot expecting layoffs, continuing con-tract status is a kind of job security. Itis well worth your time to apply, if youqualify.

Page 4: VOL. XL, NUMBER ONE FEBRUARY 2007 Negotiations

Page 4 THE CRITIQUE February 2007

NEGOTIATIONS: CTU, CMSn continued from page 1

and administration who may becalled for additional informationduring the negotiating process)have been trained in CIBB.

In Interest-Based Bargaining,negotiators 1) start with an issue orproblem — the what; 2) determinethe interests that underlie the prob-lem (concerns, needs, desires, fears)— the why; 3) formulate options tosolve the problem — the how; 4)evaluate the options using a 3-step“FBA” factor analysis: is it feasible,beneficial, and acceptable; and 5)arrive at possible solutions: theoptions that met the FBA test.

In CIBB, issues are limited to aspecific number, about 10-15.Issues are exchanged in the form ofrealistic proposals along with theinterests/rationale regarding theproposals. Team members meet toclarify the proposals, determinewhat additional information isneeded, and assign individuals fromboth teams to jointly get the neces-sary information; this makes theinformation more reliable to bothsides since both sides obtained theinformation, not just one team.Bargaining occurs within an estab-lished time frame.

With regard to salary, proposalsare not initially presented. Instead,there is a general discussion aboutfinancial information and the inter-ests of both sides. Concept propos-

als are shared by the teams afterthe discussion.

CIBB is consensus-based, time-efficient, minimizes the number ofissues to essential problems (nogiveaways or horse-trading), andincludes rationale as well as propos-als. Its success requires willing-ness, desire, commitment and cer-tain behavioral expectations of the

Mediator Franczak answeredthose questions in the CIBB train-ing, and the reasons are whyMediator Buettner recommendedCTU and CMSD try this method forthese negotiations. First, CIBBallows for more creative solutionsthat benefit the whole organization,labor and management. Second,CIBB provides more durable solu-

mutually important issues andproblems.

CCoommmmuunniiccaattiioonn IIss KKeeyyAlong with the bargaining strate-

gies and steps, the CIBB trainingincluded skills which will help theCTU and CMSD leaders in theirworking relationship after negotia-tions as well. The training included

CCMMSSDD NNeeggoottiiaattoorrss GGaayyllee SStteepphheennss,, CCiinnddyy KKlliinnee aanndd CCrraaiigg CCoottnneerr ddiissccuussss iissssuueess wwiitthh mmeemmbbeerrss ooff CCTTUU’’ss TTeeaamm..

BARGAINING APPROACHESTraditional

Start with positions

Withhold information and strategies

Make gradual adjustments or moves

Defer to power or trade ****

CIBBStart with limited number of realistic proposalsDisclose/share and jointly acquire information

Use definitive timeframe for bargaining

Seek options that meet interests of both sides****

During the training, participants were asked to rate what percentageof a total of 100% of our communication is a) words alone; b) voice,tone and inflection; and c) body language such as facial expression,body posture and gestures. The totals are at the end of the article,and will probably surprise you!

team members.

The Federal Mediators whotrained the team membersexplained that there will, of course,be conflict in this process. Thequestion becomes, how is it man-aged in this bargaining method?That is a critical difference fromtraditional bargaining.

WWhhyy UUssee CCIIBBBB??Why bother to use this new

method, you may ask. We used tra-ditional bargaining in the past andgot decent contracts before. Whatare the benefits that would make ususe CIBB?

tions to problems, since there ismore input into the solutions fromboth sides, and usually better lan-guage that will make implementingthe new contract easier.

Third, it creates improved work-ing relationships between the par-ties. The exercise of joint problem-solving enhances the working rela-tionship between labor and manage-ment, and builds respect and trustbetween the parties which carriesover to the labor-management rela-tionship after negotiations. Fourth,it expedites resolution of issues; itdoes not waste a lot of time onthrow-away issues, but gets right to

communications exercises, includingrecognizing communication barriers;determining interests versus posi-tions regarding issues; consensusdecision-making; and listeningskills.

During the training, participantswere asked to rate what percentageof a total of 100% of our communica-tion is a) words alone; b) voice, toneand inflection; and c) body languagesuch as facial expression, body pos-ture and gestures. The totals are atthe end of the article, and will prob-ably surprise you!

Listening is extremely importantin this type of negotiations. Mediat-or Franczak explained that peopleassociate listening with respect, soit is very powerful. He gavetrainees a tip for dealing with con-flict: when things get loud, CALMthe conflict: Concentrate And ListenMore. He also taught traineesabout the communication barrier,“You don’t know JACK (Judgment-al, Assumptions, Criticize, Know-it-all).” The goal of communication isnot just saying the words; it is cre-ating true understanding.

MMaannyy IIssssuueess iinn CCoommmmoonnBefore January 29, the teams

met to exchange their lists of priori-ty issues, and found that they hadabout a dozen issues in common ontheir lists. At the January 18Delegate Assembly, PresidentDeMarco named some of the com-mon issues. They were: duration ofcontract; salary and compensation

Page 5: VOL. XL, NUMBER ONE FEBRUARY 2007 Negotiations

February 2007 THE CRITIQUE Page 5

D Aim for New Contract by June 2007issues; benefits; safe, secure andsuccessful schools; professionaldevelopment as it pertains to stu-dent achievement; special educa-tion; “choice” school options; studentretention, recruitment and customerservice issues; grievance process;concerns of special groups withinCTU.

In CIBB, the teams discuss andreach consensus on the easier itemsfirst, and then work on the moredifficult issues. Resource people arecalled in to provide additional infor-mation in various areas as needed.

RReeaaddyy,, SSeett,, GGoo!!The CTU Negotiating Team

members were looking forward tothe CIBB process, and are reported-ly making progress after just a cou-ple of weeks. “My expectation is thecompressed, interest-based bargain-ing process will result in a new, fairand just contract for our member-ship to vote on before we go homefor summer vacation in June,” pre-dicted President DeMarco in earlyJanuary.

One CTU Negotiating Teammember who requested anonymity(we protect our sources!) answeredthe Critique’s questions about nego-tiations with a very nice answer,which you can read on page ??. Butthat person who shall remain anon-ymous added: “Is this the answeryou were expecting about negotia-tions, or should I tell the wholetruth and say I’d rather sit on hotcoals?” No names, but just a clue:this is an experienced negotiator.

On that note, good luck to bothteams. The District, the Unionmembership, the City of Cleveland,and the students of the ClevelandMunicipal Schools are counting ontheir good judgment and good deci-sions. Remember, the teacher’sworking conditions are the students’learning conditions. And watch outfor the hot coals.

By the way, what did you thinkthe percentages were for communica-tion? According to the study sitedby Mike Franczak, 7% of communi-cation is words, 38% is tone of voiceand 55% is body language. Thatmeans 93% of our communication isnon-verbal! Interesting statistics foreducators . . . .

BARGAINING STRATEGIESTraditional

Attack individuals and discredit their positions

Argue your position

Insist on your position

Use power to leverage ****

CIBBAttack problems, not individualsDefine problem early

Explore all interests

Be open to options

Define solution with standards*****

CChheerryyllaannee JJoonneess--WWiilllliiaammss,, PPaarraapprrooffeessssiioonnaall CChhaapptteerr CChhaaiirr,, aanndd PPrreessiiddeenntt JJooaannnnee DDeeMMaarrccoo eevvaalluuaattee pprrooppoossaallss..

MMaarryy LLoouu PPrreessccootttt,, CCTTUU DDiirreeccttoorr ooff NNeeggoottiiaattiioonnss,, cchheecckkss aa ccoonnttrraaccttuuaall ppooiinntt wwiitthh 33rrdd VViiccee PPrreessiiddeenntt KKuurrttRRiicchhaarrddss..

Page 6: VOL. XL, NUMBER ONE FEBRUARY 2007 Negotiations

Page 6 THE CRITIQUE February 2007

NEGOTIATIONS: Your CTU

Mary Lou PrescottCTU Office: CTU Director ofNegotiations and 3rd VicePresident, Senior High & SpecialSchools

CMSD Position: English teacher atLincoln-West

CMSD Experience: 34 years,English

Past Negotiations Experience:Every Team from 2000 to the present

Regarding 2007 Negotiations:“I have great expectations. I feelconfident that the CTU and CMSDteams will successfully work togeth-er to negotiate a new contract. I amexcited about using the new com-pressed interest-based bargaining.”

Joanne DeMarcoCTU Office: CTU President, withexperience as former CTU Directorof Negotiations, Director ofGrievances, and Trustee

CMSD Position: CTU Office

CMSD Experience: 37 years,Social Studies

Past Negotiations Experience:Many teams!

Regarding 2007 Negotiations:“I believe with hard work, intensedrive, and slight ruthlessness wewill obtain a fair contract before weleave for summer vacation.”

MaryAnn FredrickCTU Office: 1st Vice President andDirector of Professional Issues

CMSD Position: 8th grade atWilbur Wright

CMSD Experience: 18 years,including Middle School LanguageArts and High School Reading

Past Negotiations Experience:First time on Negotiating Team

Regarding 2007 Negotiations:“I believe these negotiations will bea challenge. The interest-basedcompressed bargaining model isnew to CTU. Also, unionism andeducation have changed in the pastten years. Unions must not onlydeal with the bread-and-butterissues of wages and health care, butalso become progressive in address-ing curriculum, testing, professionaldevelopment, standards-basedinstruction, and teacher evaluationcriteria, among other issues. WhileI may be new to the negotiatingtable, I feel confident that I can rep-resent my teaching colleagues inother classrooms and all CTU mem-bers who provide services to educateCleveland’s children.”

David QuolkeCTU Office: 2nd Vice Presidentand Director of Political Action/COPE, CTU Point Person onCharter School Issues

CMSD Position: SpecialEducation/Orientation & MobilityTeacher at Lincoln-West, CarlShuler, and other sites as needed

CMSD Experience: 23 years,Special Education, including Middleand High Schools, Blind andVisually Impaired students

Past Negotiations Experience:1993, 1996 and 2000 Teams

Regarding 2007 Negotiations: “I am optimistic regarding the inter-est-based bargaining approach. Ibelieve we can work together toachieve a strong package that willbe widely accepted by our member-ship.”

Michelle Rzucidlo-RuprightCTU Office: CTU Secretary,Director of Strategic PlanImplementation and LeadershipDevelopment

CMSD Position: Special EducationPreschool at Anton Grdina

CMSD Experience: 18 years,Kindergarten and ChildDevelopment Pre-Kindergarten

Past Negotiations Experience:Recent Health Care Negotiations

Regarding 2007 Negotiations: “I am looking forward to using com-pressed interest-based bargainingfor the first time, and reaching asettlement agreeable to everyone.”

Negotiators, Special GroupsTarget Crucial Issues

Everyone knows the top negotiations issues: wages, benefits, safe and secure schools. But whatabout the very unique and particular needs and concerns of the many special groups representedby the Cleveland Teachers Union?

Besides teachers in Pre-K-12 classroom settings, the CTU represents many other groups of edu-cators and educational support personnel. In an effort to hear their specific needs and concernsbefore negotiations began, CMSD Chief Academic Officer Craig Cotner and members of the CTUNegotiating Team met with a representative from each of these special groups January 16 and 19,2007.

The special groups and their representatives were: Loretta Embry, Speech/LanguagePathologists; Daphne Fredricks, Occupational/Physical Therapists; Moira Crabtree, SignLanguage Interpreters; Kimberly Morgan, Family Life; Milton Clement, Adult Education; CherylWaters, Basic Skills; Vivian Pace, Residential Schools; Janice Capezzuto, Transitional Services;Patricia Forrai-Gunter, Nurses; Terry O’Meara, Psychologists; and Cherylane Jones-Williams,Paraprofessionals.

“The diversity of our members and the variety of services they bring to educate the children ofCleveland is inspiring,” said President DeMarco. “While we can’t promise everything to everyonein these negotiations, both teams now have a better understanding of what specific services thesespecial groups provide, and what they need to perform their duties in a more successful way. Andwe are better prepared to discuss their particular needs in the negotiations process.”

Page 7: VOL. XL, NUMBER ONE FEBRUARY 2007 Negotiations

February 2007 THE CRITIQUE Page 7

Bargaining Team 2007

Cherylane Jones-WilliamsCTU Office: CTU ParaprofessionalChapter Chair

CMSD Position: MH InstructionalAssistant at James Ford Rhodes

CMSD Experience: 33 years, OH,SED and MH InstructionalAssistant

Past Negotiations Experience:1996 and 2000 Teams

Regarding 2007 Negotiations: “I have good expectations that thiswill be a successful negotiationsprocess. The training was very help-ful. It taught us to work togetherand collaborate as a team.”

Susannah MuskovitzCTU Office: CTU Attorney

Position: Principal with the lawfirm of Faulkner, Muskovitz &Phillips, LLP

Experience: Certified Specialist inlabor and employment law; practic-ing labor law in Ohio since 1984

Past Negotiations Experience:Legal counsel to the CTU since1994; involved in labor negotiationson behalf of the CTU in 1996, 1999,2000, 2002, 2004

Regarding 2007 Negotiations: “I see the 2007 negotiations as anopportunity to establish a construc-tive working relationship with thenew administration and to resolvemany of the issues which involve,not only wages and benefits, butworking conditions for CTU mem-bers. i am excited to be workingwith such a skilled and capablenegotiation team.

Sandra GreenCTU Office: CTU Director ofGrievances and 3rd Vice President,Elementary

CMSD Position: 1st-2nd grade splitclass at Harvey Rice @ Jesse Owens

CMSD Experience: 33 years, most-ly 2nd and 3rd grades

Past Negotiations Experience:1990, 1993, 1996, and 2000 Teams

Regarding 2007 Negotiations:“I look forward to addressing theissues surrounding working condi-tions for our membership, improv-ing student achievement, and safe,secure and successful schools.”

Kurt RichardsCTU Office: 3rd Vice President,Middle Schools, Grievance TeamMember, CTU Point Person for StaffAssaults

CMSD Position: Carl & LouisStokes, certified grades 1-8

CMSD Experience: 18 years, ele-mentary and middle grades

Past Negotiations Experience:2000 Team

Regarding 2007 Negotiations:“I am confident we can negotiate acontract that both meets the needsof the CTU membership andadvances educational success forour students. We need to be cre-ative but realistic in these negotia-tions. I am looking forward to discussingcommon issues of concern with theadministration’s team, and trying toresolve them collaboratively in ournew contract.”

Beverly SmithCTU Office: Elementary Member-at-Large, CTU Director of Commu-nity Engagement, Chair of Commu-nity Relations Committee, formerChair of Salary and Benefits Com-mittee

CMSD Position: 2nd grade atForest Hill Parkway

CMSD Experience: 30+years,mostly 1st grade and literacyteacher

Past Negotiations Experience:2000 Team

Regarding 2007 Negotiations: “I intend to do my very best to lis-ten to the questions and concerns ofour members, and help negotiatethe best possible package we canget.”

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Page 8: VOL. XL, NUMBER ONE FEBRUARY 2007 Negotiations

Page 8 THE CRITIQUE February 2007

Children’s Penny CarnivalJanuary 27, 2007 • Jane Addams

(All penny donations benefitted Providence House.)

Roving Happy HourJanuary 12, 2007 • Becky’s

Adult Holiday PartyNovember 21, 2006 • McCarthy’s in the Flats

Page 9: VOL. XL, NUMBER ONE FEBRUARY 2007 Negotiations

February 2007 THE CRITIQUE Page 9

Children’s Penny CarnivalJanuary 27, 2007 • Jane Addams

(All penny donations benefitted Providence House.)

Page 10: VOL. XL, NUMBER ONE FEBRUARY 2007 Negotiations

Page 10 THE CRITIQUE February 2007

by Tiffany Baker

Ohio’s Alternate Assessment isdesigned for students with the mostsignificant cognitive disabilities. TheAlternate Assessment is a collectionof evidence that shows student per-formance. This collection of evidencedocuments grade-level content butreflects an alternate level of achieve-ment for each individual student.

Each student’s IEP team deter-mines how a student with disabilitieswill participate in state- and district-wide assessments, at least annually,at each student’s IEP meeting. Thisdecision should be reached using theOhio Alternate Assessment forStudents with Disabilities: Frame-work for Participation, and shouldnot be based on disability condition,achievement level, school attendance,and/or social/cultural factors.

No one person can determine howa student with disabilities will par-ticipate in state- and district-wideassessments, except in the situationwhere the IEP team is split and can-not reach consensus. In this situa-tion, the individual serving on the

IEP team in the role of DistrictRepresentative makes the finaldetermination.

IEP teams are responsible forcompleting the Alternate Assessmentprocess for each eligible student.The Intervention Specialist who isassigned to write the student’s IEP isresponsible for coordinating the col-lection of evidence, with assistancefrom IEP team members and educa-tors who work with the student.

The Master Planner sheets are anoptional tool to assist in meeting theMarch 1, 2007 deadline for submit-ting students’ Alternate Assessmentbinders. The Master Planner is atype of checklist used to help insurethat all necessary materials areincluded in the Alternate Assessmentbinder.

At this time, the Master Planneris optional. However, the State hasindicated that next year MasterPlanners will be mandatory for allstudents being alternately assessed.The entry sheets are required, andthey are to be turned in with the stu-dents’ Alternate Assessment binders.

JJSSEECC NNeewwssJSEC would like to

extend a very well-deservedTHANK YOU to all col-leagues who completed andturned in their Entry Sheetsand/or Master PlannerSheets for AlternateAssessment. We are happythat you stepped up to theplate in the best interest ofour students.

Secondly, as a reminder,Master Planner sheets arean optional tool to assist inmaking the March 1, 2007deadline in submitting stu-dents’ Alternate Assessmentbinders. The entry sheetsare required and they areturned in with the students'Alternate Assessmentbinder.

Lastly, JSEC has beenmeeting in regards to nego-tiations. The NegotiatingTeam has included specialeducation as one of theimportant issues that willbe addressed.

22000077 MMaarrkkss 55tthh AAnnnniivveerrssaarryy

NCLB: Time to Get Back on Track

Alternate Assessment:Just the FactsEditor’s Note: According to CAO

Craig Cotner, AlternateAssessment is one of the “low-hanging fruit,” or easy pickings,that can help the District reach itsgoal of Continuous Improvementon the State Report Card. Cotnertold principals and buildingchairs in meetings last fall thatspecial education teachers shoulduse this alternative testing methodwith all special education studentsfor whom it is appropriate. “Dothe right thing for kids,” he urged,and use Alternate Assessment forCMSD special education studentswho qualify and who would bene-fit from this testing method.

With the extra attention onAlternate Assessment as testingtime approaches, CTU membershave been asking questions aboutthis testing method. Tiffany Baker,a special education teacher atMary B. Martin and the CTU Co-Chair of the Joint Special Educa-tion Committee (a joint labor-man-agement committee to addressspecial education concerns andissues), prepared this informativepiece about Alternate Assessment.

According to AFT President EdMcElroy, the AFT supports thegoals of NCLB, including high aca-demic standards, meaningfulaccountability and well-qualifiedschool staff. But in McElroy’swords, “The NCLB train hasslipped off the

tracks.”

The AFT has identified ways toget “back on the tracks” by improv-ing assessments, accountability,school interventions, staffing andfunding.

Everything in NCLBhangs on adequate

yearly progress (AYP), the law’smechanism for holding schoolsaccountable. But AYP is funda-mentally flawed. We need tochange AYP measures so theydon’t continue to misidentifyschools that are making realprogress, and steer resources awayfrom the very schools and studentswho need them most.

The law needs to provideresearch-based help for schools,such as smaller class sizes, target-ed resources for struggling stu-

dents, high-quality professionaldevelopment, and better earlychildhood programs. Thelaw’s current interventionsare not research-based and,to date, have generallyproven to be ineffective andunworkable.

NCLB needs to addressteaching and

learning conditions, school leader-ship, professional preparation andsupport if we are going to close theachievement gaps between variousgroups of students. Compensationfor everyone, but particularly forparaprofessionals, has not beencommensurate with this law’sincreased qualification require-ments (highly qualified or HQ sta-tus).

Finally, the new law should pro-vide the resources needed to meetthe new, rigorous requirements forstudents and teachers.

Some other organizations andcoalitions have produced NCLBrecommendations. The AFT choseto put out their own rather thansimply sign on to other groups’documents. Of course, the AFT isalso working with the newCongress to make the necessarychanges to get NCLB on track andactually achieve its worthwhile

educational goals.

For the AFT’sdetailed recom-

mendationsregardingNCLB, visit itsNCLB website,

www.aft.org.

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Page 11: VOL. XL, NUMBER ONE FEBRUARY 2007 Negotiations

OOPS!!!

February 2007 THE CRITIQUE Page 11

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Paras and HighlyQualified Status by Cherylane Jones-Williamsand Sandra Bennett

As of December 22, 2006, only 35 CMSDparas were not highly qualified under NCLBstandards. After being notified of termination inDecember, these paras had another chance topass the Parapro Assessment Test on January 9,2007. Another five paras passed the test, andwere reinstated to their jobs in CMSD. This left30 paras without HQ status, facing loss of theirjobs effective December 15, 2006. The Districtcompleted an audit of all paraprofessionals, andbelieves all paras currently employed have nowmet HQ standards.

A class-action grievance has been filed onbehalf of all paras, stating the CTU does notbelieve all paras need to be highly qualifiedunder specific NCLB standards (for example,family liaisons who do not deal directly withinstructing students). The District denied thegrievance, and the Union moved it to Step III inthe grievance process.

The CTU will keep you informed of theprogress on this grievance.

Professional IssuesNewsbriefsby MaryAnn FredrickDirector of Professional Issues

Things are moving at a fast pace in theOffice of Curriculum and Instruction. In awelcome spirit of cooperation and collabo-ration, the CTU has been invited to partic-ipate in initiatives, and jointly determineparticipants in each area.

Several efforts are underway.Workshops for Department Chairs arebeing held to join the data and writingindicators for the OGTs. A College Fairtheme was the focus of the most recentParent Round-Up held at South High, andplans are already underway for anotherParent Round-Up in May, with a schoolreadiness theme for parents of pre-kinder-garten and kindergarten students. Therewill be a review for interested parents andstudents to prepare for the OGT (threetwo-hour sessions on a Saturday prior tothe test).o

The District is working with FolettePublishing Company to assist in cleaningout warehouses and storerooms of unusedand outdated textbooks. This companywill credit the District towards new text-books, by either selling old texts CMSDdoes not use/need to other districts, donat-ing those texts to Third World countries,or recycling those that are totally unus-able.o

Glenda Hathaway, CMSD’s DeputyChief of Curriculum and Instruction, iscommitted to writing new scope andsequences across the curriculum, begin-ning with Reading and Math. Check withyour Subject Area Specialist or Depart-ment Chair if you would be interested inworking on this. Two committees are cur-rently being formed to determine curricu-lum and program needs for Math, andgrades 6-7-8 Language Arts. o

Concerning technology needs, a soft-ware committee has been given the tasksof determining which District-wide soft-ware will be used in the future (to provideconsistency throughout the District), anddeveloping a “triage” list of technology pri-orities in the District.o

CMSD administration is also developinga Fine Arts strategic plan, which will bet-ter coordinate outside activities related tothe arts, and provide more arts-relatedofferings at all schools instead of just afew. The George Gund and ClevelandFoundations have expressed an interest inhelping to fund this initiative. In addition,the District hopes to expand its instru-mental and vocal music programs in K-8schools, offering students the opportunityto prepare for participation in high schoolchoir and orchestra programs.o

We continue to work with the District toreach our mutual goal of ContinuousImprovement. ELA Department Chairsand Subject Area Specialists will receivewriting prompts that are samples of thoseused on the state tests. We are VERYCLOSE to meeting the State Report Cardindicators in Writing for grades 4, 7, 10and 11. Let’s keep working together toreach this “low-hanging fruit” (easy pick-ings) which is an important part of oursuccessful journey to ContinuousImprovement!

Sorting It All Out: Pyramid of Success, New Referral Form,and Right of Removalby Sandra GreenDirector of Grievances

The Union and District recently agreed on anew office referral form to be used for disruptivestudents. The new form will provide continuity inthe referral process throughout the K-8. The formwas discussed at recent Pyramid of Success train-ing sessions for principals and Leadership Teammembers. At that time, some questions came upabout the referral form and Right of Removal.

First, let me be very clear: this form does notreplace Right of Removal. RRiigghhtt ooff RReemmoovvaall iiss aagguuaarraanntteeeedd pprroovviissiioonn ooff tthhee CCoolllleeccttiivveeBBaarrggaaiinniinngg AAggrreeeemmeenntt,, aanndd ccaannnnoott bbeecchhaannggeedd oorr rreemmoovveedd wwiitthhoouutt aa cchhaannggee iinn oouurrccoonnttrraacctt.. This new form is to be used when a

teacher chooses to refer a student to the office aspart of a disciplinary measure for disruptive orotherwise unacceptable behavior. It simplyreplaces several other office referral forms, thatwere previously in use in different schools, withone uniform referral form.

Second, Right of Removal still exists as definedin the contract and can be used at the teacher’sdiscretion, within the guidelines established in thecontract. As a professional in charge of yourclassroom, you know when a disruptive studentneeds to be excluded from class on a temporarybasis, for the education of the others to take placesuccessfully.

So when should you use an office referral andwhen should you use Right of Removal? The deci-sion is yours, based on your professional judgment.You do not have to first use an office referral, andonly after exhausting other steps can you use RoR.You make the call, as the professional in charge inyour classroom. The principal cannot determinethat call or mandate other steps before finally“allowing” you to use your contractually-guaran-teed Right of Removal.

If your principal has established her/his ownarbitrary “guidelines” about when you can or can-not use RoR, please let your CTU rep or the CTUoffice know, or file a grievance yourself. TThhiiss iiss aavviioollaattiioonn ooff tthhee ccoonnttrraacctt..

In most schools where the administration han-dles discipline issues firmly and fairly, teachersusually use office referrals because they can counton misbehaving students receiving appropriateconsequences from the administrator. However, inschools where student behavior is not dealt withappropriately on a regular basis, teachers use RoRmore often because the consequences (removalfrom class) are guaranteed.

And in schools where administrators use varioustactics to quietly (or not so quietly) violate the con-tract and deny teachers the use of RoR, while atthe same time refusing to address disruptive (oreven dangerous) student behavior with appropri-ately firm consequences, these principals shouldnot be surprised to find staff morale and confi-dence, safe and secure schools, acceptable studentbehavior, and overall academic success fall victim.

Did you notice the caption underthe Resource Room picture on page 10of the last issue? It sounded like abunch of nonsense, or jabberwocky,which is what it was! When theCritique is designed by our graphicartist, we sometimes put in lines of“jabberwocky” to hold a place in thelayout. Later, that “jabberwocky” isreplaced by the correct words or infor-mation. The corrections were made,but obviously not saved on that page,and you got to see a stage of theCritique design you usually don’t see— and aren’t supposed to see.

We apologize for the error, but weare happy to know from the manyphone calls and notes we receivedthat so many of you really do read theCritique. And here is the picture withthe correct caption.

Page 12: VOL. XL, NUMBER ONE FEBRUARY 2007 Negotiations

Page 12 THE CRITIQUE February 2007

BBeevveerrllyy SSmmiitthh,, cchhaaiirrppeerrssoonn ooff CCoommmmuunniittyyRReellaattiioonnss,, KKiimm LLeesslliiee,, aassssiissttaanntt cchhaaiirr,, aannddMMaarriillyynn LLuujjaann pprreeppaarree ffoorr tthhee lluunncchheeoonn wwiitthhtthhee aassssiissttaannccee ooff DDeennnniiss BBuuttlleerr,, aann SSPPOO mmeemm--bbeerr ffrroomm FFoorreesstt HHiillll PPaarrkkwwaayy AAccaaddeemmyy..

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PPrreessiiddeenntt JJooaannnnee DDeeMMaarrccoo mmiinngglleess wwiitthhtthhee gguueessttss..

TThhee CClleevveellaanndd TTeeaacchheerrss UUnniioonn ssppoonnssoorreeddaa SSPPOO//FFaammiillyy LLiiaaiissoonn LLuunncchheeoonn eennttiittlleeddUUnniittiinngg tthhee CCoommmmiitttt ffoorr EEdduuccaattiioonn..

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CTU Welcomes CMSD School-Parent Organization Leadersby Fred Bickerstaff

“Uniting the Community forEducation” was the theme at theJanuary 11 Luncheon for School-Parent Organization (SPO) repre-sentatives and family liaisons, spon-sored by the CTU’s CommunityRelations Committee.

President Joanne DeMarco wel-comed the guests, and CommunityRelations Chairperson BeverlySmith introduced the officers, thentold the guests about various CTUcommunity involvement projects(Walk-A-Thon, cell phone drive, eye-glasses collection, book and toy col-lections, participation in ParentRound-Up). Marilyn Lujan present-ed the “Common Sense Parenting”workshop, with great tips for deal-ing positively and effectively withchildren’s behavior. (See box atright.)

Participants then broke intogroups and discussed the topic ques-tion: What are three things theCTU and CMSD should do for stu-dent success? (There were someinteresting and insightful answers,which the Union will address withthe District.)

Another luncheon is planned forthe spring, as the CTU continues tobuild relationships with the SPOleaders, our important partners ineducating Cleveland’s children.

COMMON

SENSE

PARENTING

Effective PraiseRemember to praise small steps in theright direction, too!1. Show your approval.2. Describe the positive.3. Give a reason.4. Reward. (optional)Preventive TeachingPracticing what to expect can helpprevent problems before they occur.1. Describe what you would like.2. Give a reason.3. Practice.

Corrective TeachingAvoid nagging and criticizing whenyour kids misbehave.1. Stop the problem behavior.2. Give a consequence.3. Decribe what you want.4. Practice what you want.

Page 13: VOL. XL, NUMBER ONE FEBRUARY 2007 Negotiations

TAX TIME

February 2007 THE CRITIQUE Page 13

TTrryy fflluuoorreesscceennttss..

These bulbs use 75% less powerthan regular bulbs. They last tentimes longer.

IIrroonn bbaattcchheess..

Ironing uses as much power as ten100-watt bulbs. If you iron abunch of clothes at once, you won’twaste energy reheating the iron.

LLeett tthhee ssuunnsshhiinnee iinn!!

Open blinds and window shadeswide during the day; the sun’s rayswill help heat your rooms. Whenyou close them after dark, it willinsulate the room from the chill ofthe evening.

DDoonn’’tt llooookk iinn tthhee oovveenn!!

Check on your dish closer to thetime when it is finished. 20% to50% of the oven’s heat is releasedeach time you open the door tocheck on what’s cooking.

GGaass ssaavviinnggss..

You can find the cheapest place tofill up your car by logging on towww.gaspricewatch.com andsearching by address.

FFeeee--ffrreeee fflloowweerrss..

Send flowers without paying a feeto 800-number florists. Checkwww.whitepages.com to find a localflorist.

TThhrreeee mmeeaallss ffoorr oonnee!!

Roast chicken, beef, or pork can beturned into three meals. Firstnight serve as usual, second nightuse leftovers in a casserole, andthird night use the remaining meatand bones for soup.

CCeellll ssppaamm ccaann bbee aavvooiiddeedd..

Register your cell phone numberwith the National Do Not CallRegistry at www.donotcall.gov toavoid annoying text message ads.

WWiinntteerr bbllaahhss??Try milk! It stimulates moodboosting hormones in the brain.Have a glass, or pour it in your teaor cocoa!

HHaanngg oouutt wwiitthh ffrriieennddss..The sooner you connect with some-one upbeat, the faster you’ll feel thesame. A good mood is contagious.

WWaasshh yyoouurr hhaannddss..Running chilly hands under tepidwater boosts circulation, and helpsyou feel happier and warmer.

SSiinngg pprraaiisseess..Lavishing praise on others doesn’tjust make them feel good, but itgives you a happiness surge, too.

UUsseess OOff HHoonneeyy

HHaannggoovveerr CCuurreeThe fructose in honey helps flushalcohol out of your system. Have aspoonful before bed.

PPiimmppllee PPoottiioonnDab blemishes with honey to killbacteria and speed healing!

SShhiinnyy HHaaiirrA teaspoon of honey in a quart ofwarm water makes your hair realshiny. Pour it over clean wet hair.Let it air dry.

HHoonneeyy SSooaakkRun a bath and add 1⁄4 cup of honeyto your water. You will have softer,smoother skin.

IInnddiiggeessttiioonn RReelliieeffEat a teaspoonful of honey nexttime you get heartburn. Honey’senzymes aid digestion.

Community Relations Committee Beverly Smith ChairpersonKimberly Leslie Assistant

Community Tips to Clip

Tax-Time 2006 CTU Dues Informationby Michael KulcsarCTU Treasurer

Once again, it’s tax time and many members have called torequest the union dues totals for 2006. The following figures shouldmatch your year-to-date total under “ctu-sal” on your 12-29-06CMSD paycheck, providing you worked from January through Juneand August through December of 2006.

• Full-Time Certified (teachers): $614.45• Educational Aides: $393.29• Day Care Technicians: $412.59• Instructional Aides: $499.72• Attendance Specialists: $456.82• Certified Substitutes (January through June): $2.69 per day• Certified Substitutes (August through December): $2.76 per day

Tax Tip for Educatorsby Michael Kulcsar

Congress extended the educatorexpenses deduction that can be claimedon your 2006 individual income taxreturn. However, the 2006 IRS 1040form was printed before the bill wasapproved, and there is no specific lineitem in the Adjusted Gross Income sec-tion as there was on the 2005 form.

What do you do to claim this? TheIRS is advising educators to file Form1040 (not Form 1040A) to take advantageof this deduction. You may claim up to$250 for out-of-pocket expenses incurredin 2006.

Enter the deduction on line 23, labeled“Archer MSA Deduction.” Mark the let-ter “E” on the dotted line to the left ofthat line entry.

If you also have a small business, youwill need to mark letter “B” instead; theArcher MSA line item is designed foremployees of small businesses and thosewho are self-employed and deductingmedical expenses. If you have both anMSA deduction and the educator deduc-tion, the letter “B” should be written online 23.

Too difficult? Call the CTU for anappointment with one of the CTU taxconsultants for expert assistance on your2006 return.

by Mark Baumgartner and Martha HarrisTax Service Coordinators

The CTU is again offering alimited income tax service foractive members of the CTUBargaining Unit at the CTU office,1370 West Sixth Street, 4th floor(near St. Clair Avenue). The con-sultants began scheduling ap-pointments in late January. Callthe CTU at 216-861-7676 between9:30 a.m. and 6:00 p.m. to sched-ule a convenient appointment.

If you plan to itemize deduc-tions, ask for a tax organizerpackage. Fill it out as completelyas possible and bring it with you,along with your CTU membershipcard, to your appointment. Thiswill save time for you as well asothers.

There is no charge for the1040A short form or the 1040 longform with Schedule A deductions(organizer package mmuusstt be com-pleted). There is a $25 charge forpreparing returns requiring any ofthe following forms: Schedule C(Business), Schedule D (Dividendsand Capital Returns), Schedule E(Rental Property), Form 2106(Auto Expenses), depreciation andother detailed forms. Thesereturns require additional time

beyond the 40-minute scheduledappointment.

Members must bring all of theirW-2 forms, a copy of last year’sreturn, and earnings reported toyou on Form 1099 (usually intereston savings). Electronic filing willbe available for a nominal fee of$15. Please remember to bringyour 2006-7 CTU membership cardwith you to your appointment.

Since this is a free or nominalcost service, the CTU and/or thetax consultants assume no liabili-ty for any income taxes owed,

interest, and/or penalties.

The CTU tax consultants avail-able for appointments are CharlesDockery, weekdays 3:00-7:00 p.m.and Saturdays 9:00 a.m.-2:00p.m., and Lillian Lynn, weekdays3:00-7:00 p.m. and Saturdays 9:00a.m.-2:00 p.m. (except 9:00 to 1:00p.m. on April 9, 10 and 11, 2007).

The tax service is organized bythe CTU Trustee Board: Chair-person Janice Maund, MarkBaumgartner, Martha Harris,Meryl T. Johnson and CherylNeylon.

TAX TIMEIncome Tax Service for CTU Members

Page 14: VOL. XL, NUMBER ONE FEBRUARY 2007 Negotiations

Page 14 THE CRITIQUE February 2007

OObbiittuuaarryy

Thomas J. Mooney (1954-2006)OFT President Tom Mooney passed away

suddenly from an apparent heart attack inColumbus on December 3, 2006. He had beenPresident of the Ohio Federation of Teachersfor the past six years, and previously served asCincinnati Federation of Teachers President forthe previous 21 years. He was known national-ly as a strong and passionate force in publiceducation.

Tom was born September 12, 1954 andraised in the Cincinnati area. After graduatingfrom McNicholas High in Mount Washingtonand Antioch College in Yellow Springs, Ohio, hetaught government in Cincinnati PublicSchools, and soon became active in theCincinnati Federation of Teachers. At age25 he became CFT President, and devel-oped a well-earned reputation as an artic-ulate and fearless advocate for teachersand public education, often clashing withadministrators.

Former Ohio Governor and currentCincinnati School Board member JohnGilligan, who spoke at Tom’s memorialservice, called him “an enormously effec-tive and charismatic leader.” He remem-bered Tom on the picket lines, and added,“He took a lot of abuse over the years forthe stands he took on behalf of teachers.”

“His passing leaves a void in the OFTand the labor movement,” said CTUPresident Joanne DeMarco. “He has beena formidable individual fighting for therights of teachers and educators. Hisshoes will be difficult to fill, but we wereprivileged to have met and been friends withsuch a compassionate individual.”

Tom served as an AFT Vice President since1990, and chaired the AFT’s Teacher Programand Policy Council. He was elected OFTPresident in 2000. Tom was a harsh critic ofOhio’s lax charter school laws and fought tomake charter schools more accountable.

Besides working for fair wages and working

conditions, he was a reformer and innovatorwho worked to expand teacher professionalism.Tom Schmida, President of the ClevelandHeights Teachers Union, called him a “superborganizer,” who could bring divergent groupstogether for a common cause. He “held a deepcommitment to social justice issues,” and servedas an observer in South Africa’s first post-apartheid elections. “He was an outspoken crit-ic of corporate and political policies that violat-ed human rights or that attacked unionism.”

Governor Ted Strickland called Tom Mooney“an outspoken advocate for improving our edu-cation system in Ohio and across the country.

tem of education that fosters all of the talents ofour children.”

Tom was remembered in a tribute atMemorial Hall in Cincinnati on December 9,2006. Besides several family members andfriends, speakers included then Governor-elect Ted Strickland; Ed McElroy, AFTPresident; CJ Prentiss, Ohio Senate MinorityLeader; Ralph Jackson, Cincinnati Federationof Teachers; and former Governor JohnGilligan.

Tom is survived by his wife, DebbieSchneider; son Ruairi Rhodes, by his first wife;daughter Lielah Mooney; his mother,

Marguerite Mooney; a brother, DonMooney; and two sisters, Leslie Mooneyand Christine Mooney.

A memorial fund is being established inTom Mooney’s honor. The fund will honorTom’s legacy in public education and unionwork, and be used to help others pursuehis passions for social justice and politicalaction. Contributions can be made to the“Tom Mooney Memorial ScholarshipFund” and sent to the OFT office: OhioFederation of Teachers, 1251 E. BroadStreet, Columbus, Ohio 43205.

An editorial about Tom Mooney in theAkron Beacon Journal said that he“sought to ensure that all those with aresponsibility for public education, fromstate lawmakers to classroom teachers,lived up to the mission of serving the bestinterests of students. He worked to givesubstance to goals that often remain

abstractions, such things as ‘accountability’ and‘high quality.’

“In the face of many challenges, [he] madehis priority clear — to equip teachers andschools to do their best work. He sought com-mon ground among competing interests. Thedrive to improve Ohio schools has lost a tirelesschampion.”

Rest in peace.

began to receive special attention during theentire month of February.

As historians take a closer look at the manyfacets of Black history in this country, theyoften find themselves documenting not only thestruggle of an oppressed people but how thatstruggle was part of a larger social and econom-ic movement to improve the lives of all workingclass people.

In “The Power of Remembering: BlackFactory Workers and Union Organizing in theJim Crow Era,” author Michael Honey address-es this idea when he writes, “The black freedomstruggle is a long one. It is inter-generational,multi-layered, and includes all classes of folk.More often than not, history tells us about edu-cators, professionals, preachers, and others whowe perceive as leading the movement forchange. To really understand the freedomstruggle, however, we must know about the lifehistories of ordinary people, the disinherited,working-class and poor people who rarelyappear in the history books.

No one was more passionate about providingour children with an equal opportunity to learnand compete in a global society. And Tom wasnot afraid to challenge the status quo. Hepushed higher standards while fighting to cre-ate a constitutional system of school funding inOhio that is both adequate and equitable. Hewill be greatly missed by all of us who knowthat Ohio’s future depends on a first-class sys-

Black [Labor] Historyn continued from page 12

Page 15: VOL. XL, NUMBER ONE FEBRUARY 2007 Negotiations

February 2007 THE CRITIQUE Page 15

THE PRESIDENT’S REPORTBY JOANNE DEMARCO

AAnnootthheerr UUrrbbaann LLeeggeenndd DDiissppeelllleedd!!

The Myth of Teacher Transfers and the Union Contract

In collective bargaining agree-ments, seniority is the determinantin most issues, as it should be. Butpolicymakers and even some educa-tors have expressed concern thatthe seniority policy creates situa-tions with a disproportionate num-ber of inexperienced, less-qualifiedteachers (lower seniority) workingin high-poverty urban schools —with the students who most needthe best-qualified teachers.

It is generally assumed thatteachers with more seniority, whohave first choice in assignments,choose schools with fewer disadvan-taged kids. Since these transferrights are established in the con-tract, the “Union contract” becomesthe scapegoat in perceivedinequities in school staffing.

But are these assumptions aboutstaffing correct? The article “AnUrban Legend — Literally: Mythsabout Teacher Transfer and Collec-tive Bargaining,” published in theDecember 13, 2006 issue of Educa-tion Week, provides the answerbased on data and research: NNOO.

Researchers Antonia Cortese andF. Howard Nelson used data fromthe 1999-2000 Schools and StaffingSurvey, compiled by the National

Center for Education Statistics, andthe companion 2000-2001 TeacherFollow-Up Survey (the most recentdata from the federal survey avail-able to independent researchers), tostudy teacher assignments andschool preferences. Their datashowed the exact opposite of theteacher transfer myth: teachers whowork under a collective bargaining

public schools is small, and aboutthe same in high-poverty schools(4%) as low-poverty schools (5%).They also discovered that “the pres-ence of a CBA correlates with alower probability that high-povertyschools will fill their vacancies withinexperienced teachers. In urbandistricts with a CBA, low-povertyschools (6.1%) are about as likely ashigh-poverty schools (5.7%) toreplace transferring teachers withfirst-year teachers. In urban dis-tricts without a CBA, however, high-poverty schools hire first-year teach-

a teacher to transfer in normal situ-ations based on seniority alone; mostCBA transfers require an interviewand some acceptance process. (Anexception is when schools are closedor programs are eliminated, necessi-tating large numbers of transfers,but these are special staffing situa-tions and do not occur regularly.)

The CTU-CMSD contract cur-rently uses seniority as a determin-ing factor in necessary transfers,but the reality is that even withinour contract, teachers can be trans-ferred anytime for any good reason(check out Special Transfers on page??). The one exception is CTUBuilding Chairpersons. Our con-tract does not prevent transfers.

Based on research and data, theauthors concluded that CBAs “nei-ther cause nor exacerbate staffingproblems in urban high-povertyschools. If anything, collective bar-gaining is associated with reducedteacher mobility and a more equi-table distribution of first-year teach-ers among low- and high-povertyschools.”

So the contract is not the prob-lem. The numbers show a CBAhelps guarantee more experiencedteachers will be teaching in theschools that most need their expert-ise. And the conditions for teachingand learning that are promised inthe CBA are not “obstacles” to edu-cation, as many critics of laborwould have you believe.

Instead of blaming the contractand attacking the Union for prob-lems in high-poverty urban schools,education reformers’ focus needs toshift to the real question of how toattract and retain teachers in theseurban schools.

How do we establish and supportsuccessful urban schools?

Cortese’s and Howard’s sugges-tions sound like our negotiationsagenda. To ensure a professional,respected, high-quality teachingstaff in urban schools, teachers’ realand measurable concerns must beaddressed, including: safe andorderly schools; attractive, cleanand well-stocked buildings andclassrooms; professional and admin-istrative support; reasonable work-loads; and appropriate class sizes.

Remember — the teacher’s work-ing conditions are the students’learning conditions.

Emergency Room Coverage Problems?By Fred Bickerstaff Publications Chair

Some CTU members have had problems with the new medical cover-age when they used emergency room services recently. Under our cover-age, there is a $75 fee for emergency room use, which is waived if youare admitted.

In some cases, members were being charged additional costs beyondthe $75 fee. The CTU investigated this, and found that the new contractonly specifies “injury and accident” regarding coverage of emergencyroom services.

The issue has been taken to the Unity Committee, a group with rep-resentatives from all the CMSD unions, and will be addressed. If youhave been charged additional fees over the $75 fee for emergency roomservices, please contact the CTU immediately.

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Just as doctors don’t avoid all patients withserious health problems, teachers don’t runfrom disadvantaged children.

agreement (CBA) are less likely totransfer to another school thanteachers who do not have a CBA.

In high-poverty urban schools,this was especially true. Just 8.4%of teachers in states with collectivebargaining transferred to anotherschool or district in 2000-01, com-pared with 13% of teachers in stateswithout collective bargaining.

The important issue is not simplythe transfer of experienced teachers,but the question of who replacesthem. Experience has been shownto be an important indicator ofteacher effectiveness, so schoolswith a higher percentage of first-year, inexperienced teachers wouldconceivably be at a disadvantage.But once again, the actual data con-tradict the theory that high-povertyschools are much more likely to hireinexperienced, first-year teachers,and that the CBA exacerbates theproblem.

Their facts showed that the per-centage of first-year teachers in

ers at three times the rate of low-poverty schools (10.1% vs. 3.3%).”

Even more surprising, especiallyto critics of collective bargaining, ishow many experienced teacherstransfer iinnttoo high-poverty schools.In urban districts with a CBA, high-poverty schools are more likely tohire a teacher with experience fromwithin the district (4.4%) than low-poverty schools (2.4%).

Why is this “urban legend” aboutteacher transfer choices so popular?Cortese and Nelson cite a “profoundmisunderstanding” about whatmotivates teachers. Just as doctorsdon’t avoid all patients with serioushealth problems, teachers don’t runfrom disadvantaged children. Bothgroups of professionals look insteadfor a “well-administered facility thathas more than adequate resources . . . where they have the tools andconditions to be effective.”

Also, the reality is that even witha CBA, within-district transfers aregenerally hard to get, and few allow

To locate their stories, historianshave increasingly shifted theirresearch to the local level and to theyears and the generations prior tothe 1954-1965 period, usually consid-ered the high point of the civil rightsstruggle in the South. Attention tothese earlier years has begun todirect our vision toward connectionsbetween community, civil rights, andlabor struggles, toward the crucialperspective and influence of women,and toward the role of ordinary peo-ple in creating the basis for change.”

Many valuable resources on BlackHistory and Black Labor History canbe found on the AFT website,www.aft.org. Check out the list ofrelated links on the right-hand sideof the home page for a wealth ofideas for Black History Month.

Page 16: VOL. XL, NUMBER ONE FEBRUARY 2007 Negotiations

First-Class Mail

U.S. POSTAGE

P A I DCleveland, Ohio

Permit No. 4322

CLEVELAND TEACHERS UNION, Local 279American Federation of Teachers — AFL-CIO

1370 West Sixth StreetCleveland, Ohio 44113

THE CRITIQUECLEVELAND TEACHERS UNION

AFT, OFT Local 2791370 West Sixth StreetCleveland, Ohio 44113

216/861-7676

President . . . . . . . . . . . Joanne DeMarco

Editor . . . . . . . . . . . . . . Pamela Hummer

Graphic Design . . . Joe Buchwald Gelles

Publications Chair . . . . . Fred Bickerstaff

FFeebbrruuaarryy iiss BBllaacckk HHiissttoorryy MMoonntthh

Black [Labor] History Celebrates ‘Ordinary’ Workers

According to the American Labor Studies Center, “Negro History” was cel-ebrated for the first time in 1926 during the second week in February. Thismonth was chosen because Frederick Douglass and Abraham Lincoln cele-brated their birthdays during the month. In 1976, Negro History Weekbecame Black History Month, and the rich history of African-Americans

n continued on page 11

CTU Hosts City Council MembersTax abatement, uniforms,

charter schools, and disruptivestudents were a few of the time-ly items discussed at the Janu-ary 17 luncheon at Massimo deMilano restaurant, attended byten Cleveland City Councilmembers and 12 CTU leaders.

The luncheon was co-spon-sored by the CTU Legislativeand Political Education Commit-tees, and co-chaired by DavidQuolke and Michele Pomerantz.The CTU was honored to havethe following City Council mem-bers in attendance to discussmutual concerns regarding theCleveland Municipal Schools:Ward 5, Phyllis Cleveland; Ward11, Michael Polensek; Ward 14,Joe Santiago; Ward 15, BrianCummins; Ward 16, Kevin

Kelley; Ward 17, Matt Zone;Ward 18, Jay Westbrook; Ward19, Dona Brady; Ward 20, Coun-cil President Martin Sweeney;and Ward 21, Michael Dolan.

Council members were candidabout their concerns regardingthe school system in general,and the CMSD schools in theirwards in particular. Two issues,charter schools and tax abate-ments, were discussed by sever-al of the Council members. Asuggestion that CTU supportmore technical training inCMSD was made. Other re-marks included appearance ofCMSD school buildings, safetyissues in the schools, and addi-tional programs and optionsavailable for students.

President Joanne DeMarcoasked that in the future, Councilmembers include the schools’CTU representatives in themeetings Council members havewith CMSD principals, to getlabor’s as well as management’sviewpoints and ideas.

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