News Story

Despite Shortage Of Bus Drivers, Union Wants Worker Fired For Not Paying Dues

Right-to-work law allows Wyoming Public Schools to protect employee

The Wyoming Public Schools needs more bus drivers and district officials say they have "exhausted our options" trying to find new workers.

Yet, a Michigan Education Association UniServ Director asked the district to fire a substitute bus driver because he did not sign paperwork to join the union. School district officials said the bus driver didn't have to join the union as a condition of employment under the state's right-to-work law.

In an April 16 email to the district, obtained via a Freedom of Information Act request, MEA UniServ Director Sandy Paesens asked the district to tell the substitute bus driver that he could no longer be allowed to work for the district "unless he fills out the required paperwork to become a bargaining unit member."

Matt Lewis, director of finance and human resources for Wyoming Public Schools, responded to Paesens by saying that the district cannot compel the bus driver to join the union or pay dues.

"Many days we don't have enough substitute drivers to fill routes, so I struggle to see how he is taking work away from individuals who are compliant with union paperwork requirements," Lewis wrote.

Paesens said that the driver was doing bargaining unit work and was not a union member. "We have a closed shop," Paesens wrote.

"I will not terminate his employment," Lewis responded. "He is a sub driver taking work from no one. We cannot find enough sub drivers, so he's not even taking work from a prospective union member; no one is applying for the sub jobs."

Paesens did not return a request seeking comment. 

"Right-to-work saved this bus driver's job," said Audrey Spalding, education policy director at the Mackinac Center for Public Policy. "It's spiteful that the union tried to get him fired for not paying dues."

The Wyoming Public Schools Board of Education ratified the union contract on March 22, 2013 before the right-to-work law became effective. However, the school district contends that the union can still not use "force, intimidation or unlawful threats to compel public employees to become or remain members of a labor organization or refrain from joining," Lewis said in an email.

"In other words, we are a closed shop, but the district cannot threaten termination of an employee who refuses to pay union dues," Lewis 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

The Debate Over School Spending

Teacher pension costs really are part of classroom spending

MIRS news service in Lansing reported recently on a difference of interpretation in school spending between the Mackinac Center for Public Policy and an Oakland County school district official. 

West Bloomfield Superintendent Gerald Hill fought back today against a Capitol Confidential article that accused him of spreading misinformation in MIRS.

In the article, Mackinac Center Education Policy Director Audrey Spalding was quoted as saying, "The West Bloomfield superintendent is repeating the same misinformation that we have seen from the MEA and other school officials. By only considering the foundation allowance, he is ignoring nearly $1,200 per student in funding from state taxpayers."

Hill in a subsequent analysis noted, "We do receive less money per student in the foundation allowance, which is the funding source we use to operate classrooms. This is not misinformation it is actually the case."

He notes that in 2009-10 the district received $9,116 in foundation allowance and in 2013-14 it received $8,676, a fact the Mackinac Center in its article agreed with.

So how does the Mackinac Center get to a $515 increase? By rolling in categoricals like the Michigan Employee Retirement System, or MPSERS. But Hill provided numbers showing that while the state's MPSERS money offset increases, the increase in retirement expense on a per-pupil basis exceeded the increase in funding from the state.

The root of the discrepancy? The foundation allowance versus what the Gov. Rick Snyder administration now refers to as per-pupil funding. It's a one-district example of an ongoing debate in Lansing about whether funding has increased or decreased.

The "misinformation" is the superintendent saying the district is getting "less money" while it actually is receiving $515 per pupil more. There is not an "ongoing debate in Lansing about whether funding has increased or decreased." Funding has indisputably increased. There is a debate over whether to count all K-12 spending as spending. Or, more specifically, whether the public school establishment counts teacher funding as "classroom funding."

This issue is actually a case study in why the state should shift teachers off of the current defined benefit pension system and toward a 401(k)-type plan like it has with other state employees. Here's why:

Michigan's teacher pension system has billions in unfunded liabilities. The problem got so bad a few years ago, that districts were projected to spend nearly 40 percent of their employee salary costs on the system — mostly to make up for past underfunding. There was a reform a few years ago that severely reduced that cost and began shifting more state money to make up for past liabilities and to ensure that public employees got their pensions.

So what has happened since? Administrators and unions ignore that reform and the extra spending on teacher pensions and continue with the drumbeat that they should receive even more money — a line they repeat every year, no matter how much taxpayers spend.

This being the case, it becomes obvious why having a pension system is so dangerous. Those benefiting from government programs constantly call for money to be taken from the pension system and fund what they like. That's why schools and unions were rarely heard from when MPSERS was racking up liabilities, but now when that money is shifting to ensure the system is funded, there is constant coverage of complaints

It is easier for politicians to spend money now than sock it away for decades in the future when school employees are retiring. In other words, politicians have an incentive to underfund the pension system — and that's what they do.

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.