THE BATTLE IS JOINED!!!

"Cry ‘Havoc,’ and let slip the dogs of war;
That this foul deed shall smell above the earth
With carrion men, groaning for burial."
    Shakespeare, Julius Caesar,

     Today's post illuminates how everyone is equal in the eyes of the law and LAUSD - UTLA Collective Bargaining Agreeement although some are more equal than others as George Orwell taught us.  Here I repost an email exchange that concerns campaigning for UNITED TEACHERS LOS ANGELES Presidential election and how the Collective Bargaining Agreement and the election rules are only a guide for the connected and can effectively be used as an impediment for the 'little people.'
  
The cast;
Alex Caputo-Pearl,  UTLA chapter chair at Crenshaw HS and candidate for UTLA president
David Garcia, upstart candidate for UTLA president, formerly laid-off teacher and currently a substitute
John Deasy, no introduction necessary


I will edit any language unnecessary to our purposes here.  First our upstart friend raises the important points.

Why UTLA needed election oversight…

 

MADE

By

DAVID R GARCIA

UTLA presidential candidate Alex Pearl has been visiting LAUSD campuses throughout the southland---as far as the South bay to the valley, in an effort to promote his campaign.  Mr. Pearl is taking personal time off of work to visit these campuses, whether it is “sick time” or “personal necessity” and that’s an acceptable practice for a UTLA citywide election candidate.  So while Mr. Pearl visiting various LAUSD schools to promote his candidacy is not a violation in and of itself…

This could be considered an infraction of the good faith policy established by the district and threatens to undermine UTLA’s election.

 Ed.'s note; the CBA limits the use of sick time to illness or personal necessity. The governing section of the cba is produced at the end of this post.  Clearly what Garcia recounts does not fit the criteria of a paid leave. 

 

It does amount to the UTLA Election Committee extending Mr. Pearl an unfair advantage over other candidates.

While this may not be something that the UTLA election Committee considers a “campaign violation”, it does allude to the capricious and arbitrary mismanagement of UTLA rule enforcement.

     At this point our upstart candidate describes the hostility he has encountered while trying to distribute his own campaign flyers.  He continues. 

While I did not voice my concern at the meeting (not sure which meeting but what follows is of importance), I purposely wrote down contact information for area chairs at the event in front of every member attending that day, and no one said anything until Alex Pearl reported this incident to Gillian Rossum, who then demanded I surrender the information I was writing down?  

Does any of this seem fair to you…?

Will you then say, “The UTLA election committee is not responsible for enforcing equal access to all election candidates?” Who then is responsible for ensuring that the election process is fair and forthright?  If not the UTLA election committee, who??

This is why I proposed having an outside organization facilitating the UTLA elections such as the L.A. Woman’s League of Voters, but the proposal was declined because the UTLA election committee stated they would “ensure transparency in the election process”?  This is a reasonable recommendation given the irregularities so far.  Perhaps Jimmy Carter would be willing to oversee the campaign and election.  I'll write to him. I'll print his response here.

Well now someone is coming to you with a legitimate concern and you are saying its “not your problem” to ensure you enforce the very election rules you refused to have the Woman’s League of Voters facilitate??

If you, the governing committee of UTLA’s election does not disqualify candidates for unfair behavior, there are some of us who will file either a law suit, grievance or both, against UTLA for its failure to uphold its own election guidelines.

Consider that Dave Peters, a 2014 UTLA candidate for treasurer, is no longer an active teacher or member of UTLA? So why is Mr. Peters being allowed to run for office in a union he is no longer a member of?

Each of these violations, no matter how minor, collectively establish a pattern of negligence on the part of the UTLA Election committee’s oversight and if let unaddressed, these issues will be used to establish a Prima Facie complaint against UTLA for its continued unfair work practices.  It stinks, too.

You have ten days to respond in writing or a petition of injunction will be filed against UTLA through the Public Employment Relations Board.

A copy of this letter is being forwarded to Mary Weiss Regional Director, Office of Public Employment Relations Board.   

Thank you.

David R Garcia

.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.

     Below is the comment that your editor relayed to Maria Vega of the organization Parents for Education Reform who forwarded David Garcia's letter to me.  I have no idea yet whether this is an authentic grass roots organization that recognizes that strengthening teachers' rights to secure employment is
fundamental to creating a world-class school district or whether it's just another astro-turd group that will support anyone rich and connected who gives them a t-shirt.  Thoughts? Blame Siri for typos.

(My reply to M. Vega, Parents for Education Reform)

Excellent and important questions.  UTLA must file a grievance immediately on the question of allowing personal necessity days to be used for campaigning and politicking.  Not only Caputo-Pearl, but Tom Adams, English teacher at Sylmar HS are allowed to leave school when it serves Mr. Deasy's purposes.  Adams left his post on 10-29-13 to attend a "grassroots" rally to retain John Deasy in his position as superintendent.  His plea before the board was video recorded and can be seen on the archive footage of the board meeting for that day unless it's been erased.  We have no proof yet but I for one cannot believe that a.) he was not paid for that day's work and b.) that he was subject to any disciplinary action for a non-qualified personnel necessity day.  If it is okay for him to leave school and speak before the board then why is it not okay for other teachers to attend board meetings?  I know of a teacher, targeted and abused at his school site who was recently suspended without pay.  As is the board's habit, he was not informed that he was being considered for suspension/dismissal and therefore had no chance to attend and defend himself. 

This exchange will be published, without email addresses on my blog  As Mean as a Snake. 

Unity=Strength, 

Michael Dominguez,

jailed, suspended, unemployed, LAUSD, UTLA teacher

Here are the pertinent sections of the absence rules for UTLA bargaining unit members,  CBA article XII, edited of course for pertinence and brevity. 

Article XII – Leaves and Absences

14.0 Personal Necessity Leaves or Absence (Paid)

: Subject to

the limits set forth below, an employee shall be granted a paid personal necessity

leave when the gravity of the situations described below require the personal

attention of the employee during assigned hours of service:

a.

Death of a close friend or relative not included in the

definition of immediate family (as used in this section, the term

"immediate family" shall be as defined in Section 9.0 of this Article); 

 pg 119

Article XII – Leaves and Absences

b.

Death of a member of the employee's immediate family,

when time in excess of that provided in Section 9.0 of this Article is

required;

c. Serious illness of a member of the employee's immediate

family;

d.

Accident involving the employee's person or property or the

person or property of a member of the employee's immediate family;

e.

Birth of a child of the employee, or adoption of a child by the

employee (includes child of cohabitant who is the equivalent of a spouse);

f.

Religious holiday of the employee's faith;

g.

Imminent danger to the home of the employee occasioned

by a disaster such as flood, fire, or earthquake;

h.

An appearance of the employee in court as a litigant. Each

day of necessary attendance as a litigant must be certified by the clerk of

the court. The employee must return to work in cases where it is not

necessary to be absent the entire day.

i.

An appearance of the employee in court or governmental

agency as a non-litigant witness under subpoena (ed.'s italics) for which salary is not

allowed under Article XII, 18.3:.........

Conference or convention attendance pursuant to Section

19.0 of this Article;

k. Attendance at the classroom of the employee's own child or

ward and meeting with the school administrator because of suspension as

required by Section 48900.1 of the Education Code; l.

 

Article XII – Leaves and Absences

exceed a total of (8) hours per calendar month, forty (40) hours per school

year for attendance at the school of the employee's own child, ward, or

grandchild for purposes of a school activities leave provided by Section

230.8 of the Labor Code. The employee must notify the immediate

administrator at least five working days prior to the absence. The

administrator or designee and employee must agree on the date and time

of the leave and the employee must provide written verification from the

school visited, upon request of the administrator or designee.

14.1 The following limits and conditions are placed upon allowing

a personal necessity absence:

a.

Except as in I., above, and (1), below, The total number of

days allowed in one school year for personal necessity absence

shall not

exceed six days per school year for a probationary, permanent or

provisional contract employee, or subject to the restrictions specified in

Article XIX, three days per school year for a day-

to

-day substitute

employee.

(1) If personal necessity absence is taken to attend to the

illness of the employee’s child, parent, or spouse, up to

six additional days shall be allowed in any calendar

year (to total 12 maximum days - see b below) for

probationary, permanent, or provisional contract

employees. However, this provision does not extend

the maximum period of leave to which an employee is

entitled under Family Care and Medical Leave,...

b.

The days allowed shall be deducted from and may not

exceed the number of days of accrued full-pay illness leave to which the

employee is entitled.

c. The personal necessity leave shall not be granted during a

strike, demonstration or any work stoppage.

d.

The employee shall be required to verify the nature of such

necessity. Such statement shall be filed with the appropriate administrator

no less than five working days in advance of a religious holiday, court

appearance or school visitation. The immediate administrator shall take

whatever steps reasonably necessary to become satisfied that a personal

necessity within the limits of this section did exist.