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May 2010 Column

The 2009 -10 school year was fast approaching it's June 23rd end when the teacher's union, the Capistrano Unified Educator's Association (CUEA), went on strike over a 10.1% teacher's pay cut mandated by the Capistrano Unified School District Board (CUSD).

The three-day strike ended Monday night, April 26, and students and teachers were back in the class room the following day.

Bargaining between the teachers’ union and the CUSD Board resulted in an agreement on contract language going forward to the 2011-12 school year. The 10.1 percent teachers pay cut mandated earlier by the CUSD Board of Trustees will be reversed if the District comes with additional funds.

The following is a sequence of events as they took place right up until the Ladera Times deadline.

Because the State of California can appropriate school district funds when needed to balance the state budget, the State budget crisis has put school districts throughout the state, including CUSD, in a dire budget crisis.

To address this problem, at the March 31 CUSD Board meeting, the Trustees voted six to one in favor of a permanent 10.1% teachers' salary pay cut.

The Board room packed with a capacity crowd that chanted "recall . . . recall . . . recall," while the crowd outside the Board room estimated to be about 200 joined in with the same chant.

Students were subsequently seen protesting at on street corners and, at a few schools, some students stayed out of class. On April 13, in a parent led protest, 10,000 students boycotted class room activities.

I heard from some parents saying that the civil disobedience should be taught to our kids. In some homes, one parent stayed home and taught school related activities of reading writing, math as well as the Civil Disobedient movement in the country.

The Capo Unified School District teachers voted 87% in favor of authorizing their Union officials to set a date for the District-wide strike. Over 85% of the 2200 teachers voted.

Now it is up-to the Union management to decide on the next course of action.

Vicki Soderberg, the Union President, said "A strike has never been what teachers wanted, but this thundering strike authorization vote – with teachers at many school sites voting 100 percent in favor – shows just how fed up we are with the Board's harsh, dictatorial behavior . . ."

Ms. Soderberg added, "We are grateful that Capistrano's parents and students understand a short-term disruption of schools is worth the fight for long-term stability in the District."

The teachers' union is saying that it is up-to the Board to prevent the strike as the teachers said they are agreeable to sit on a bargaining negotiation over the District's arbitrary 10.1% permanent cut.

The teachers were agreeable to 6%+ temporary cut but can not accept Board's unilateral decision of over 10% permanent cut.

On April 19, the Teachers' union requested the Capo Trustees to join it at the bargaining table to resolve the issues including avoiding a permanent 10.1% cut in teachers' salary.

The letter calls for the Capo Board's response by 5 pm, April 20. The CUEA bargaining team was ready to be on the table by April 20, and finish the negotiation by April 23.

The Board accepted the offer to renegotiate with the teachers' union, but then the teachers union announced late Tuesday, April 20th, that the teachers will go on a strike on Thursday, April 22nd.

Vicki Soderberg, the Union President said, " We do not believe they are serious about negotiation. We think they are using this as a stalling tactic, and we can see right through it."

The teachers went on strike on Thursday as threatened and remained out of class rooms on Friday as well.

About 70% students stayed out of their class rooms (at a loss of Federal funding of $41 per student per day, which only further exacerbates the school budget crisis).

The teachers union and the CUSD School Board continued bargaining through the weekend including a meeting Sunday.

The teachers offered to accept the 10.1% pay cut mandated by the School Board in return for an agreement that the pay cuts would be reinstated when the school budget returned to normal.

I believe it is a big mistake if the Board members are still sitting on the past election laurels when two of their members are facing a recall. They have to avert the current turmoil and get the District on a smoother path providing education to all the students.

Legal Matters

Superior Court Judge William Froeberg stayed the perjury charge against former Assistant Superintendent Susan McGill. A pre-trial hearing is set for May 14. The same fate is awaiting Dr. James Flemming, a trial date in May.

New Superintendent

Various closed door meetings have been held at the District office to select a new superintendent. Let's see where we go from here.

(Ram Mukherji is a former Trustee of Tri-City L.A. County Unified School District and Past President of Ladera Ranch Maintenance Corporation.)