Madison Teachers Return To School

Madison teachers returned to classrooms Monday (September 8) following a one-day work stoppage Friday to protest stalled contract negotiations. At a Friday afternoon court hearing, the teachers and school board agreed to a 21-day cooling off period during which bargaining is continuing.

The decision to return to school came after the Friday afternoon court hearing involving Dane County Circuit Court Judge Richard Callaway. Callaway mediated with the two sides for about one and a half hours and then issued a temporary restraining order that required teachers to return to school Monday. Both sides agreed to the conditions.

Reacting to a complaint filed by Madison Teachers Inc., the judge ordered that the school board negotiating team be made up of people who are empowered to make decisions.

If there is no agreement - or if the dispute has not been sent to arbitration - by September 26, Callaway will again become involved and determine at that time whether to issue a permanent restraining order or require some other resolution, such as arbitration.

Developments leading up to Friday's job action

Monday, August 25

Madison teachers started the school year with a "work-to-rule" job action to protest stalled negotiations. Teachers only performed duties specifically required by their contract. They arrived at school just in time for their classes and left as soon as school ended. After-school clubs and parent-teacher conferences were affected, as were lunchroom and playground supervision. Sports were not affected. This job action continued every day.

Also, hundreds of Madison teachers picketed outside the school administration building Monday evening and held a rally.

Wednesday, September 3

In an emotionally charged membership meeting attended by about 2,000 of MTI's 2,300 members, the teachers voted nearly unanimously to make an ultimatum to the school board: Unless it demonstrates a willingness to bargain fairly or agrees to submit final offers to arbitration by 3:30 p.m. Thursday, the teachers would not show up for work on Friday, September 5.

John Matthews, executive director of Madison Teachers Inc., said teachers did not want to engage in a work stoppage but were willing to resort to civil disobedience if that's what it takes to get the board to negotiate in good faith and bargain a fair contract.

Thursday, September 4

In scheduled afternoon negotiations, MTI made a settlement offer at 1 p.m., and the board's response at 3 p.m. contained no movement.

Matthews then issued a statement saying, "It is very unfortunate, but the superintendent and board of education have refused either to agree to a neutral, mutually agreeable arbitrator who would have the authority to rule on which items ought to go into the contract or to negotiate in good faith toward reaching an agreement."

He advised parents not to send their children to school on Friday because "there will not be a sufficient number of staff available to carry out the educational program or to assure their safety."

"Teachers would far rather be working with the children in our schools," Matthews said. "But the refusal of the board of education to negotiate in good faith toward reaching an agreement or to agree with the same language which has enabled arbitration in the past means that there will not be school in Madison on Friday."

Friday, September 5

About 1,900 teachers did not show up for work Friday morning, forcing the the Madison School District to send all middle school and high school students home.

Elementary schools remained open, although very few staff showed up.

The media alternately termed Friday's action by MTI members a strike and a "sick-out."

Matthews did not use either term, but told reporters, "You can call it what you want."

WEAC President Terry Craney had these remarks about the MTI situation: "The impasse in negotiations between Madison Teachers Inc. and the Madison School Board is unnecessary. It is tragic that the school board has chosen this confrontation instead of seeking arbitration. While state-imposed revenue controls and limits on the collective bargaining process are strangling the quality of education in Wisconsin's public schools, they do not prevent local school districts from bargaining acceptable contracts and seeking arbitration as a means of dispute resolution. The decision to seek arbitration is now in the hands of the Madison School Board. Seeking arbitration to resolve this conflict is the right thing to do."

Background

There has not been a teachers strike in Wisconsin for about 20 years. However, the passage in 1993 of a new collective bargaining law for teachers and state-imposed revenue controls on school districts has generated renewed labor unrest throughout the state.

A variety of state policies and school board actions have contributed to the tense labor situation.

Revenue controls

School board members claim their hands are tied because of a state law that restricts the amount of revenue they can raise. That leaves them with a limited amount of money to offer in pay increases, they claim. MTI says the district has more than enough money in its reserve fund to offer a fair contract. Reserve funds do not fall under the revenue controls and can be tapped for pay raises.

"Qualified Economic Offer" law

Another major complicating factor is the "Qualified Economic Offer" law, which prevents the union from unilaterally seeking arbitration. That is why MTI is seeking the board's agreement to take the contract to arbitration. Two years ago, the board agreed, under MTI pressure, to go to arbitration, and the MTI won the decision.

Also under the QEO law, the board can impose its contract offer - as long as it meets minimal standards - without union agreement.

The salary offers

The board is offering base pay increases of 0.9% and 1.2% in each of the next two years. The union has reduced its demands to 3.25% the first year, 3.0% the first half of the second year and another 0.5% the second half of the second year. Including increases for additional education credits and experience, the board's offer amounts to an average overall increase of 3.4% each year and the union's offer amounts to 5.85% the first year and 5.7% the second year.

Arbitration

Under the arbitration process, which was in place for about 15 years in Wisconsin, a neutral third-party state-appointed arbitrator selects either the school board's or union's final offer, whichever he or she determines is most reasonable overall. The system forces each side to submit its most reasonable offer, in fear that an unreasonable offer would be rejected by the arbitrator.

The arbitration law brought labor peace to Wisconsin schools after a stormy period of frequent strikes and other labor actions. During the years the arbitration process was in place, about half the awards went to unions and half to school districts.

In 1993, the arbitration law was gutted by the QEO law, which left teacher unions virtually powerless at the bargaining table.

WEAC President Terry Craney said it is ironic that the Madison teachers' labor situation is less about specific contract terms than it is about the process used to bargain.

"All Madison teachers are seeking is a fair process," Craney said. "If the school board would simply agree to take this contract dispute to arbitration, this whole dispute would immediately be over."

Posted September 4, 1997; Updated September 5 and 7 and 8