News Story

School Union Proposes 9-Year Contract To Prevent Members From Exercising Right To Not Pay Dues

Berkley Education Association tries to avoid right-to-work law

The Berkley Education Association is considering a collective bargaining agreement that would run through June 30, 2022 that would prevent its members from having the right to opt out of the union. 

The teachers' union has proposed a 9-year "agency fee agreement" that would give the school district the power to deduct dues from the union member's salary. If deducting dues were to be deemed unlawful, the union member could be fired. And if it were unlawful for the union member to be fired, a clause in the contract would allow the union the right “to pursue any other lawful remedies.”

Locking in the contract change before March 27 would prevent union members from benefiting from the state's new right-to-work law, which gives workers the right to not pay dues or fees as a condition of employment.

The Berkley Education Association isn't the first union to try a 9-year contract extension that would skirt the state's right-to-work laws that allows employees the choice as to whether to join a union. The Western Michigan University Chapter of the American Association of University Professors (WMU-AAUP) also is considering a similar contract provision.  

"Many school boards have been subservient to the unions for so long, we can expect them to pull out all stops to prevent change," said Leon Drolet, chair of the Michigan Taxpayers Alliance. "This is further evidence that school boards don't negotiate with teacher unions, they collude with them. Winning with the legislature doesn't end the fight for change. There are some school boards who are willing to be the last Japanese soldier on the last island fighting World War II."

Michigan Capitol Confidential received a draft of the memo that a law firm was asked to review by an Oakland Schools official. The law firm confirmed they reviewed the proposed agreement.

Berkley School Board President Paul Ellison didn’t respond to a request for comment. School Board Vice President Randy Travis referred comment to the school district spokeswoman.

Berkley School District Spokeswoman Jessica Stilger said in an email: "The Berkley School District administration has an excellent relationship with all bargaining units, and will continue to do so with right-to-work legislation. At the moment, the BEA has presented administration with many proposals and all will be considered. However, union negotiations are ongoing and confidential."

Patrick Wright, senior legal analyst for the Mackinac Center for Public Policy, called the tactic legally "questionable."

"If 9-year collective bargaining agreements were such a good idea, why haven't they been done before?" Wright said.

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.

Commentary

Measuring the Value of Charter Schools

Just a few weeks ago, Bridge Magazine released a statewide ranking of schools, which took student socioeconomic background into account. Bridge's methodology is almost identical to that used in the Mackinac Center's High School Report Card.

Not surprisingly, the results were similar: Both Bridge and the Mackinac Center identified Star International Academy as the highest-ranked school.

On the heels of Bridge's release, Jeff Padden wrote in a column for Bridge Magazine that charter public schools are twice as likely to be low-scoring than conventional public schools. 

Padden comes to this conclusion by comparing the distribution of conventional and charter public schools. The problem is, he's comparing charter public schools to conventional districts.

Looking at student achievement at the district level will mask the fact that a district can contain both high-achieving and low-achieving schools. When those various school scores are averaged, many districts will appear mediocre. Charter public schools, without a similar "averaging out," will appear to have widely varying scores.

Consider Detroit Public Schools. The district has many low-scoring schools, but not all DPS schools score poorly. DPS' Renaissance High School received a score of 115.7 on the Mackinac Center's report card, meaning the school received an 'A'. The lowest-scoring DPS high school received a 70.8, and a letter grade of 'F.' 

However, as a whole, DPS would have received an average score of 84.3. This score is still low, but just looking at DPS' district-level score would ignore its high-achieving and very low-achieving schools.

A better approach would be to compare schools to schools, instead of schools to districts.

Quintile analysis for high schools ranked using the Mackinac Center's report card are shown in the chart above. Approximately 32 percent of charter public schools ranked by the Mackinac Center were in the top quintile of schools, and approximately 37 percent were in the bottom quintile. Conventional schools followed the expected pattern, with close to 20 percent of conventional schools in each quintile. Comparing schools to schools appears to offset much of the imbalance Padden identified.

Of course, this is quibbling over a single chart. Both Bridge's and the Mackinac Center's analysis pale in comparison to the rigorous study of Michigan charter schools just published by Stanford University. In our ranking of schools, we control simply for whether a student is eligible for free or reduced-price lunch. The Stanford University study matched individual public charter school students to their conventional school peers, which included matching race, gender, socioeconomic status, English proficiency, special education status and grade level. 

The more rigorous Stanford study found that charter public school students learn more than their conventional public school peers — with the difference even more pronounced for low-income students, racial minority students, and students who attend Detroit schools.

Moreover, more Michigan students now than ever are choosing to attend public charter schools. These students may choose charter schools because of their academic performance, or because of factors not measured by Bridge, the Mackinac Center, or Stanford, such as safety or course offerings.

Policymakers should continue to enable students to have more choices when it comes to their education. The most rigorous study of Michigan charter public schools shows that they have a significant, positive academic impact. While researchers can guess at the distribution of school quality, parents see it firsthand. And, more of them are choosing charter public schools. 

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.