Union Contract Forces Charter School to Make Cuts

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Business and Operations//

December 10, 2009

This is the case for Baltimore's most successful chartered middle school. KIPP Ujima Village Academy recently made headlines for violation of their teacher union contract. This school has a reputation for success among poor students throughout a dozen states, largely because their teachers work extended hours—even Saturdays. KIPP, or the Knowledge is Power Program, serves over 20,000 students across 19 states—80% of whom qualify for free and reduced-price lunches. Only five of these schools employ union teachers.

Their union contract requires teachers who work extra hours to be paid more.

Maryland's charter school law: Teachers must be part of the union in their school district and subject to the contract.

The Baltimore Teachers Union told the charter school this year it must pay its teachers 33% more than other city teachers because of their nine-hour and fifteen-minute workdays. According to standards, the average workday for a teacher is seven hours and five minutes. And although KIPP has been paying its teachers 18% above the salary scale, the union stated it is acting in response to complaints that have been coming in over the past seven years.

What KIPP can do if the issue isn't resolved is ask lawmakers to allow for greater flexibility in determining teacher pay and workdays. However, KIPP had to make changes immediately to keep within its budget—and decided to stagger staff starting times, cut back the hours students are in the classroom (canceling Saturday classes and reducing student classroom time to eight hours), and lay off four staff members, two of whom worked with special needs children. KIPP Executive Director Jason Botel said, "These changes have been hard, but the teachers have worked out a schedule they believe will have the least effect on our 340 students. However, this situation is not viable long-term."

KIPP had planned on opening an elementary school in the Baltimore area, but the union contracts are holding back this plan. School leaders are still wondering why, after seven years, the union decided to challenge them now.

How Private Schools (and Other Private Employers) Could Be Affected—This summer, congress began to give serious consideration to the Employee Free Choice Act (EFCA). If this is your first time hearing about the EFCA, note that if passed, the initial version of the bill intended to eliminate the "secret ballot election" process that has been in place with respect to union organizing for the past 70 years. Instead, the EFCA wanted to implement a "card-check" system meaning, once a majority of signed cards had been submitted by eligible employees, a union would immediately be in place—without benefit of the traditional six-week "election" campaign in which both sides present their positions.

There is a push for a compromise in regard to this act as congress returns from August recess. You can read the latest news by clicking here. While certain of the more controversial aspects of the bill appear likely to be modified or eliminated based on where the votes stand today, these provisions can, of course, be reinserted at any time prior to the final vote. Therefore, school leaders are encouraged to keep apprised of developments on this bill and begin to reflect on what if any impact increased union organizing efforts might have with regard to your school.

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