Bargaining in the Time of COVID-19

A Message from Steve Lancaster, PAT Bargaining Team Chair

Hello Colleagues!

I want to share with you where we are right now with bargaining, and offer a few thoughts and analysis from our “Return to School” survey. As you know, our plans for bargaining significant improvements to our contract have been derailed by the COVID-19 pandemic. We are now facing budget shortfalls rather than the infusion of new monies that we had all been anticipating. Concurrently, we are navigating truly unprecedented working conditions as we prepare to return to work in August. As a result, PAT will be moving forward on two fronts simultaneously.

Bargaining Our Successor Agreement
We will be bargaining a successor agreement to our current contract with a limited number of issues on the table including workplace safety, equity issues including restorative practices, compensation, and benefits. All of the hard work that has been done on contract improvements will not be lost. Some of the proposals that were developed will fall within the scope of the limited bargain. We will bring the remainder of the improvements to the table in the next bargaining cycle when (hopefully) the effects of the pandemic are no longer driving our decisions.

Negotiating an MOA for the Fall
We will be aggressively negotiating a Memorandum of Agreement (which has the force of our contract but does not become a permanent part of our contract language) regarding the terms of our return to work in
August. There are a truly mind-boggling number of issues to work through to determine what our teaching and learning conditions will be for this next school year. With only seven weeks before we are expected to report for work, and the district’s August 15th deadline to publish a plan, we have an incredibly short window of time to get contractual protections in place. As we negotiate through the summer (starting the week of July 20th), we may call upon you to provide your insights if you are willing to do so during your summer break.

As for our Return to Work Survey, first some data points:

43% of members indicated that they either have or live with someone who is high risk
32% of members said that they would be unlikely to return if they could not be certain of a sanitary work space while 80% expressed very low confidence that proper sanitation could be provided by the District
60% of members believe that their work space lacks adequate ventilation
15% (1 in 6) members indicated that they were unlikely to return to work if it involved any level of face-to-face instruction

Second, as far as we know, the District does not yet have answers to key liability questions such as: What happens if a teacher becomes ill? Is this a Worker’s Compensation issue or personal health insurance? What happens if a child becomes ill and is hospitalized or dies – can the family sue the school district? If it could be shown that even one required element of the ODE’s reopening plan had not been implemented with fidelity, wouldn’t the District be considered legally negligent? If an administrator knew (or should have known) of an area of safety non-compliance but failed to act to correct it, could they be held criminally or civilly liable? Given the size of our district and the decrepitude of many of our physical sites, it seems that there is a huge and unknown financial liability to reopening with face to face instruction.

Third, given that COVID-19 is far from under control, there is a statistical certainty that cases will break out in schools and be transmitted to educators, educator families, and student families. The opening of schools almost guarantees the acceleration of community spread of COVID at a time when we are still far from effective treatments or a vaccine and the health system is very vulnerable to becoming quickly overwhelmed. This ensures that, statistically speaking, the opening of schools will result in sickness and death that would otherwise not occur. While it might be legal, and there may be public pressure to open schools, to engage in a policy that you can be reasonably confident will cause suffering and death is immoral.

Fourth, even if a successful hybrid model could be designed that somehow negated all of the issues above, as soon as you have an outbreak in a building, students and teachers will be placed into quarantine and have no other option than a fully on-line model. Eventually, you will have 88 schools that are all in a chaotic cycle of opening and closing which would be much more disruptive to teachers, students and families than a fully on-line model that would remain consistent through the school year.

These points alone lead to the conclusion that large scale in-person teaching is not feasible. When you add to this the numerous impracticalities, logistical impossibilities, and technical barriers to complying with just the required elements of the ODE reopening plan, and the fact that there will not be sufficient resources available even if none of those problems existed, I see no viable path to a safe and functional hybrid model that could serve most students.

We know that on-line teaching will be featured prominently even in a hybrid model. We should be focusing our time and resources on providing the best possible virtual learning experience that we can. This will take an enormous amount of planning to accomplish and we have very little time. If we spend what little time is available to us in a vain attempt to offer some minimal face-to-face instruction, then we are likely to get to the start of the school year without having an adequate virtual school plan in place. Educators and students will find themselves in a situation that is much like what we experienced in March and April. This would be a disaster! We are pushing for PPS to first develop a workable on-line instruction plan. Once such plans are well developed, and with safety measures that would prevent the spread of disease, then we will diligently explore what it might look like to get students and educators safely back into buildings.

Thanks so much for your steadfast partnership in this work!

Steve Lancaster

PAT Bargaining Chair

Portland Association of Teachers

Bargaining Update, July 2020

Hello Colleagues! 

I want to share with you where we are right now with bargaining, and offer a few thoughts and analysis from our “Return to School” survey. As you know, our plans for bargaining significant improvements to our contract have been derailed by the COVID-19 pandemic. We are now facing budget shortfalls rather than the infusion of new monies that we had all been anticipating. Concurrently, we are navigating truly unprecedented working conditions as we prepare to return to work in August. As a result, PAT will be moving forward on two fronts simultaneously. 

Bargaining Our Successor Agreement

We will be bargaining a successor agreement to our current contract with a limited number of issues on the table including workplace safety, equity issues including restorative practices, compensation, and benefits. All of the hard work that has been done on contract improvements will not be lost. Some of the proposals that were developed will fall within the scope of the limited bargain. We will bring the remainder of the improvements to the table in the next bargaining cycle when (hopefully) the effects of the pandemic are no longer driving our decisions.

Negotiating an MOA for the Fall

We will be aggressively negotiating a Memorandum of Agreement (which has the force of our contract but does not become a permanent part of our contract language) regarding the terms of our return to work in August. There are a truly mind-boggling number of issues to work through to determine what our teaching and learning conditions will be for this next school year. With only seven weeks before we are expected to report for work, and the district’s August 15th deadline to publish a plan, we have an incredibly short window of time to get contractual protections in place. As we negotiate through the summer (starting the week of July 20th), we may call upon you to provide your insights if you are willing to do so during your summer break.

As for our Return to Work Survey, first some data points:

 

Continue reading

Bargaining Brief - January 16, 2018

After five days of continuous negotiations, this morning at 3:00 AM your PAT bargaining team agreed on a settlement framework with our District counterparts.

Significant details remain to be formalized, but we hope to finalize a tentative agreement by Thursday afternoon.

Continue reading

Bargaining Brief, January 11, 2018

Your bargaining team met with their District counterparts until 8:00 this evening. We informed the District that we were prepared to work over the next five days in order to reach an agreement, and to stick with the mediation process, no matter where it takes us over the weekend.

We were pleased to receive a similar commitment from the District team.

Continue reading

A Message From your PAT Bargaining Chair

Your PAT Bargaining team has blocked off five days over the next week in the hopes of reaching a settlement with the District. In addition to meeting all day Thursday and Friday, we’re prepared to meet every day over the Martin Luther King, Jr. holiday weekend.

We will do everything we can to facilitate a fair contract settlement this weekend.

Continue reading

Bargaining Fact Sheet - Safety

Click here for a PDF

We Want Safe and Supportive Schools

As educators, we believe a safe and supportive learning environment is one of the cornerstones for creating great public schools.

We want PPS to be a place where students can make mistakes and be welcomed back into their classroom communities.

But we know that interventions are needed for this to work, and many students will require ongoing support. Indeed, the entire District needs reliable, consistent systems in place if we want to foster safer schools.

Continue reading

Bargaining Brief, December 5, 2017

Your PAT bargaining team met with the District until close to 8:00 PM last night.

We presented a mini-package of issues to the District in the morning, and after an exchange of proposals we were able to settle on language for several smaller articles where we’ve been previously close to agreement.

Continue reading

Thankful for Solidarity

This week your PAT bargaining team is THANKFUL for all the work you and your colleagues have done to settle our contract. From wearing blue on Tuesdays to attending school board meetings, your collective efforts are having an impact!

Last week we had two days of mediation with the District and it feels like bargaining has finally begun. Although we have had substantive discussions, and were even able to exchange proposals back and forth, no new agreements were reached.

Continue reading

Bargaining Brief, November 16th

Your PAT bargaining team met with the District until 8:00 PM tonight. 

We spent the bulk of our time reviewing each side’s proposals around workload, workday, and work year. We also touched on several other key issues such as salary, special education supports, and professional development.

Thanks to your organizing efforts, it felt like bargaining finally began today.

Continue reading

Bargaining Brief, November 15

The two bargaining teams just ended day one of the two-day mediation session, and your Bargaining Team would like to thank all of you who had time to email/tweet/call/Facebook the Superintendent regarding the importance of focusing completely on getting a deal.  Your efforts worked.  Not only did the Superintendent get the message, he even cancelled his plans to leave bargaining in the early afternoon.

Continue reading