News Story

School Haze: Contract Convoluted Regarding Right-to-Work

Armada Area Schools has unenforceable language in teacher contract

Teachers in Armada Area Schools are required to pay union dues or fees for nine more years, according to a letter of agreement signed by the district and Michigan Education Association officials.

But Armada's superintendent says that although the language is in the contract, it isn't enforceable.

A teacher in Armada would not have an easy time figuring out whether they could opt out of the union. Nothing in the contract says teachers can choose not to pay the dues.

The union security clause in the Armada teachers’ contract lasts until 2023, seven years after Armada's main contract expires. The union security clause states that teachers must pay union dues or a service fee to the union “as a condition of employment.”

Armada Superintendent Michael Musary said despite the union service agreement being in the contract until 2023, one teacher has opted out of the union under right-to-work.

Musary said the school board and the union had a mutual agreement and believed it was “in the best interests of the school district” to keep the language in the contract even though it was not being enforced.

Patrick Wright, vice president for legal affairs at the Mackinac Center for Public Policy, doesn’t agree with keeping illegal language in contracts if it isn’t enforceable.

“It puts the teacher in a very difficult situation,” Wright said. “If you are a teacher, you are trying to figure out, ‘What do I do?’ It forces every teacher to become a constitutional lawyer.”

Wright offered up some other hypothetical illegal language.

"What if a foolish district put in the contract that they are going to discriminate based on race and sex?" Wright asked. "Everyone knows that is illegal. They can figure it out, right? That’s a little over the top, but it gets the point across. Why put illegal language in contracts?”

The original Armada teachers’ contract was agreed upon May, 17, 2011, and went from Sept. 1, 2011, to Aug. 31, 2013.

Michigan's right-to-work law went into effect on March 28, 2013, and any new deals signed after that date are subject to the new law.

A new teachers’ contract was negotiated and “entered into” on March 6, 2013, and expires in August of 2016.

The teachers’ contract, however, has a letter-of-agreement that states that on the “effective” date of this teachers’ contract, a union security clause is in place until Aug. 31, 2023 – some seven years after the new teachers’ contract expires. That letter of understanding is signed Aug. 20, 2013.

That union security clause agreement’s letter-of-understanding states the union agreement takes effect “immediately upon ratification.” The contract doesn’t have a ratification date, but the Board of Education meeting minutes show that the district approved a collective bargaining agreement with teachers on March 19, 2013.

The rest of the contract states that the terms and conditions of the contract “shall be in full force and effect” on Sept. 1, 2013.

Jan Lee, a teacher and union representative who signed the teachers’ contract Aug. 20, 2013, did not reply to a request for comment.

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

Public School District Constantly Promoting Far-Left Political Views

Oakland Schools links to articles bashing school choice and blaming Koch brothers on Twitter feed

"Dark money" being used to shield political donors, bashing school choice, linking perceived societal wrongs to the "Koch Brothers" – that's the usual buzz of many left-wing websites.

But controversial posts about those topics and more are also the norm for one Michigan school district.

Articles about many of the usual liberal complaints fill the Twitter feed of Oakland Schools, the intermediate school district for Oakland County. It recently retweeted a post titled “Corporate America May Have the Answer for Dark Money Transparency.”

While most school district Twitter accounts promote upcoming school events or awards won by staff, Oakland Schools has a liberal viewpoint in many of its tweets and retweets.

It links to liberal news sites such as Salon, Huffington Post as well as the far-left Eclectablog and other liberal bloggers.

For example, on July 24 the Oakland Schools Twitter feed linked to a video with the description, “Video NAILS IT: Are #Charter Schools Today’s Version of Sub Prime Mortgages.” In the video, a man claimed charter schools are an investment opportunity to the 1-percent.

On July 29, Oakland School tweeted four times, “The Koch Bro’s slow creep into America’s schools” with a link to a Huffington Post article.

The Oakland Schools also linked to a blogger who wrote: “To hear hedge fund managers and investors talk, one would believe that the only reason why we don’t have a thriving education market made up of private corporations right now is either because people in the past were just stupid or the Communists among us have secretly sabotaged those efforts.”

While many public educators link to such stories on their private Twitter accounts, Oakland Schools is using the district’s official Twitter account to advance an ideology.

“Oakland Schools has an active Twitter account, managed by the Communication Services Department,” said Danelle Gittus, Oakland Schools’ spokeswoman, in an email. “We share articles and thoughts about curriculum, teaching strategies, events, parent and student resources, and news about current events and hot topics involving education. As an intermediate school district, we believe that an essential element of our mission is to educate the public about issues that impact public education. This is an education function, and not a political function. The fact that opinions may be shared as to whether certain proposals or trends positively or negatively impact public education is part and parcel of this education function. We would not be doing our job of educating the public if we did not report information and point out the problems or opportunities provided by such information. We view this education function as critically important as we work together with parents and the community to provide the best education possible for our children.”

Eric Doster, general legal counsel for the Michigan Republican Party, said this wasn’t a violation of the state’s campaign finance act.

“It is certainly not what public resources should be used for,” Doster said. “Schools should use their resources for educating our kids, not reviewing and forwarding propaganda.”

Mike Reno, a former school board member with a district in Oakland County, said it was not appropriate.

“They will argue that they are posting information that is ‘pro public education,’” Reno said. “However, it is subjective. Who are they to say? Some of us think that eliminating the influence of the MEA is pro-kids and pro-public education. Would the ISD superintendent permit tweets about that? If the answer is ‘No’, then they should not be tweeting anyone's opinion.”

Daniel Frazier is the superintendent of the Litchfield Independent School District 465 in Minnesota. He has written about the use of social media by public school districts for the American Association of School Administrators.

He said that public schools need to utilize modern communication tools to tell their stories to the public.

“I believe public schools should be apolitical; therefore, no, I don't think public schools should be using their social media accounts to send forth politically biased messages,” Frazier said.

A Capitol Confidential investigation last year revealed how Oakland Schools helped operate a pass-through for taxpayer-funded political lobbying.

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.