News Story

No Teacher Evaluations On Halloween ... And Other Odd Union Contract Provisions

Lie detector tests and classroom temperature also among the specific details protected in government union contracts

The classroom temperature can't be above 90 degrees Fahrenheit in the Watervliet Public Schools in Berrien County, according to the teachers' union contract, with one exception — when the temperature outdoors exceeds 90 degrees Fahrenheit.

In the Ann Arbor Public Schools in Washtenaw County, the teachers' union contract states that the administration can't use polygraph machines on its teachers when doing an investigation.

In the Muskegon Public Schools, the teachers' union contract states that teacher evaluations can't be done on Halloween or St. Valentine's Day.

In the Kalamazoo Public Schools, a struggling high school coach could have his or her teaching and coaching jobs on the line if he or she is removed as coach. The teachers' union contract states that if the school board gives specified coaching jobs to a coach, that person has to keep that coaching position for six years or he or she also loses the teaching position. Kalamazoo Public Schools Spokesman Alex Lee said if a coach is let go before the six years is up, he or she is reassigned to a different teaching job within the district.

A review of teachers' union contracts across the state shows the lengths to which the government unions will go to protect certain privileges or perks.

And it highlights what kinds of things Proposal 2 could protect if it is approved by voters next week. Clearly, no subject matter is too small, insignificant or bizarre for government unions to include in a contract.

"If you think this is ludicrous in a collective bargaining contract, wait until it is part of the (state) constitution and there is nothing you can do about it," said Charles Owens, state director of the National Federation of Independent Business.

For example, the Manistee Area Public Schools teachers' union contract states that visitors — such as parents who come to a classroom — are to be told that anything they witness regarding students is strictly confidential and can not be discussed outside the classroom.

In the Royal Oak School District in Oakland County, no teacher can be formally reprimanded in the presence of parents, students or bargaining unit members unless that bargaining member is representing them.

And in the Williamston Community Schools in Ingham County, math skills are a must when reviewing the teacher’s contract. Consider the formula for determining how many leave days a part-time teacher gets (pictured above).

"It's difficult to determine what motivated provisions such as these, but it's unlikely it had anything to do with helping schools better educate students," said Michael Van Beek, education policy director at the Mackinac Center for Public Policy. "Regardless of their intent, provisions such as these leave districts more vulnerable to union-led grievances and lawsuits, which divert resources from teaching students to settling labor disputes."

Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.

News Story

Proposal 2 Would Declaw Emergency Managers in Proposal 1

With five potential changes to Michigan's Constitution and one referendum on the November ballot, some proposals are bound to impact others.

The best example is how Proposal 2 impacts Proposal 1, if both issues pass. Proposal 2, which elevates union collective bargaining agreements over state law, will hinder the essential issue in Proposal 1: the powers given to emergency managers.

Proposal 1, the emergency manager referendum, asks voters to approve or reject Public Act 4 of 2011, the state’s emergency manager law. The vote has nothing to do with whether or not the state has the power to appoint a manager to control a local government facing crisis, however. Voting “no” on this bill does nothing for local control since it would reinstate the state’s older emergency financial manager law.

This older law was expanded upon in Public Act 4. One of the most material changes to the old law was the ability of an emergency manager to amend the local government’s collective bargaining agreements unilaterally, given a series of conditions and approval by the state Department of Treasury. While this provision has only been exercised in only three governments, it’s also saved those governments over $100 million annually, substantial savings for governments struggling to pay their bills.

Proposal 2, however, would strip emergency managers of their ability to amend these agreements. By giving authority to union collective bargaining agreements over state laws like Public Act 4, it is likely that emergency managers will be unable to amend these agreements.

While each local government is a little bit different, most local governments spend the majority of their expenses on labor costs. In Michigan, where 55 percent of the government sector is unionized, this means that collective bargaining agreements are major expenses.

In addition to the considerable expense of the labor contracts themselves, there's another factor that leads local governments to look at these agreements last when fiscal troubles arise. There’s a concentrated effort from unions to get their people elected to school boards, city councils, and county commissions.

There are a number of new powers offered to emergency managers in Public Act 4. But Proposal 2 would eliminate one of those new powers that resolve fiscal problems in struggling governments.

Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.