In an opinion released to Allentown School Board last night, Solicitor John Freund concludes that there "is no statutory authority ... for the District to pay the salary of the union president to perform union responsibilities, absent reimbursement by the [teachers' union]." He states that even if the school district agrees to do so, "entering into a contract for the performance of full-time union responsibilities, absent reimbursement, is ultra vires. Moreover, such an agreement may be in violation of the Pennsylvania Constitution and void as against public policy. "
So when the school board entered into a contract under the terms of wehich it agreed to pay the union president with no reimbursement from the union, it broke the law.
This practice is currently under challenge in Philadelphia, where teachers have been released to do full-time work for their unions.
In Fruend's view, any teacher who serves as FT union president might also be in danger of losing tenure.
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Friday, November 20, 2015
12 comments:
You own views are appreciated, especially if they differ from mine. But remember, commenting is a privilege, not a right. I will delete personal attacks or off-topic remarks at my discretion. Comments that play into the tribalism that has consumed this nation will be declined. So will comments alleging voter fraud unless backed up by concrete evidence. If you attack someone personally, I expect you to identify yourself. I will delete criticisms of my comment policy, vulgarities, cut-and-paste jobs from other sources and any suggestion of violence towards anyone. I will also delete sweeping generalizations about mainstream parties or ideologies, i.e. identity politics. My decisions on these matters are made on a case by case basis, and may be affected by my mood that day, my access to the blog at the time the comment was made or other information that isn’t readily apparent.
As a union member I also think it is unordinary for any paid position within the Union to be funded by the employer. These are paid by the National, in which the Local belongs. I don't support the idea school tax money being spent to fund the payroll of a self-supporting organization - Union or any other.
ReplyDeleteAs to the tenure issue, that is a usual agreement and is found in most bargaining agreements that employers and all union members must approve. It is viewed as "retaining seniority and classification" so that when the Union President (of the Local) returns to the workforce they aren't penalized for working for the membership.
However, don't forget that the opinion you cite is that of the school's lawyer. Freund is the same idiot who wasted taxpayer money fighting "I heart boobies" bracelets, so it may ultimately be proved wrong, if real lawyers sitting on the bench determine a contract with such wording is legal.
Just for the record, the firm apparently agreed or the opinion would not have gone out. I have shared this with lawyers I know and none found any concern with the ruling. So far not a word about this in the Morning Call.
ReplyDeleteScott Armstrong
This is a small victory along a long road.
ReplyDeleteOur ultimate goal should be to afford our hard-working education professionals the same Dignity of Choice enjoyed by doctors, lawyers, and all other American professions. Let's follow the lead of our patriotic fellow citizens in WI and drive the forced-membership labor union bosses out of our taxpayer-funded schools.
-Jeffrey Anthony
Jeff,
ReplyDeleteIt will be a small victory if the new ASD board follows the law and stops using taxpayer dollars to pay the union president.
Scott Armstrong
Freud likes to hear himself talk
ReplyDeleteI'm not a teacher, and I must say that I've been fairly hard on them because it's hard to feel sympathy for a profession that gets paid (in some areas) fairly well, has extremely good benefits, and has off three months out of the year. It's upsetting with so many people out of work for teachers to complain about their lot in life when it's significantly better than most of their neighbors.
ReplyDeleteBut, I'm coming around on the teachers. I know they have a difficult job and a rather thankless one at that. The violence that teachers face and with certain elements fomenting insurrection, I can't even imagine what courage and discipline it must take to walk the gauntlet every day.
The teachers, however, need to stand up to their union officials. I've been to a few school board meetings, and the union reps love to run the administration down, complain about salaries or benefits, but I don't hear much about what they are doing to make the conditions in the school safe for the teachers. Seems to be a disconnect between the officials and the teachers on the front lines.
8:13,
ReplyDeleteTeachers in general are the best, that said the union, a collective bargaining unit, wears the cloak of that goodness to cover selfish self interests. The unit will do what it needs to do to get what it wants. Often it isn't pretty.
Scott Armstrong
If the Unions negotiate into the contract that the School Districts will pay their wages, I don't know how you get around that issue. Shame on the school districts. The Unions will probably win that one.
ReplyDeleteYou con't agree to do something illegal. Paying the union rep to be a union rep with school taxes is illegal. The union has to reimburse the school district.
ReplyDeleteBull Bernie If the School District agreed to pay Union Rep time it should be the end of story. Where were the high priced School Distict Lawyers in reviewing the agreement. Also, the School Board approved same. What about all the audits the School District goes through.
ReplyDelete"Bull" is not a legal argument. It is hornbook law that you can't agree to do something that is illegal. Now since the school district obviously had a lawyer, I believe the law firm that negotiated this contract on behalf of the school district is guilty of negligence. That could be Freund's own firm, so I give him credit for being honest. Audits do not consider legal points.
ReplyDeleteThe interesting fact is that until now no one thought to question the legality of the situation. It is my thinking this was done as a sweetener to close/finalize a negotiating process years ago. Very similar to the Allentown police contract that allowed all those who negotiated the deal to immediately retire with a great retirement package.
ReplyDeleteScott Armstrong