Thursday, July 04, 2013

California teachers suing to end mandatory union dues



A group of California teachers is preparing for a Supreme Court battle to overturn forced union dues in a groundbreaking lawsuits filed in June.

For nearly three decades, the Supreme Court has allowed closed-shop unionism, in which public employees must pay dues to labor groups handling collective bargaining negotiations.

The Supreme Court established Beck Rights in 1988 allowing workers to opt out of union dues for political activities, while continuing to pay for union negotiating expenses. The teachers are hoping to take that battle one step further by putting an end to all coercive union dues.

Ten California schoolteachers are challenging California’s policy of forcing all public employees to pay union dues for collective bargaining. The Center for Individual Rights (CIR) is aiding their suit. The CIR views the issue through the lens of the Constitution, rather than as a contest of labor policy.

“Our efforts are not anti-union; we are trying to solidify the First Amendment rights of public employees to freely assemble,” CIR president Terry Pell said.

The plaintiffs filed a preliminary injunction on Tuesday asking the court to waive the teachers’ union dues during the ongoing trial. Pell is certain the motion will fail, which is all the better for the plaintiffs because it will “fast-track” the litigation to the 9th Circuit Court of Appeals and eventually the Supreme Court.

“This is a piece of strategic litigation—we’re trying to get the issue of compulsory union dues to the Supreme Court as quickly as possible,” he said. “We know that lower courts can’t overrule Supreme Court precedent, but this will expedite us through the system.”

The Roberts court opened the door to ending coercive unionism last year when it ruled 5-4 that Service Employees International Union improperly charged non-union members for political activities. Justice Samuel Alito, writing for the majority in Knox v. Service Employees International Union, said the forced dues on non-union members were “indefensible”

“Public-sector unions have the right under the First Amendment to express their views on political and social issues without government interference … But employees who choose not to join a union have the same rights,” Alito ruled. “The First Amendment creates a forum in which all may seek, without hindrance or aid from the State, to move public opinion and achieve their political goals.”

The California plaintiffs take this reasoning a step further. They argue that negotiations between teachers unions and state officials are a political act in and of themselves. Paying money to aid in union negotiations, Pell says, violates the rights of teachers who object to union goals of maximizing expensive benefits, such as California’s underfunded pension plan.

“All public-sector union bargaining—on issues like pensions and pay and leave and seniority rules—are claims on the public Treasury, an inherently political act,” Pell said. “Some union teachers may think this is a good thing, but our clients say that unions shouldn’t be collecting more and more of the public pie while the parents of their students are struggling.”

The Obama administration’s labor policies have only exacerbated the tension between First Amendment rights and financing the political activities of unions.

The National Labor Relations Board (NLRB) ruled in December 2012 that non-union employees should be forced to pay for lobbying expenses as an “apolitical” activity, if the costs lead to improvements for all employees.

“The NLRB crossed over the line,” Pell said. “Union collective bargaining or union ads and lobbying that promote increased education spending are overtly political.”

The teachers are not alone in their fight. The National Right to Work Foundation, which won the Knox case, is waging a similar battle in Texas where six airline employees filed a class action suit challenging the concept of exclusive bargaining as an encroachment on the freedom of assembly and speech.

“Union bosses have abused their extraordinary government-granted power to automatically compel workers to fund their political activities unless workers object—a power granted to no other private organization in our country—for far too long,” Mark Mix, president of National Right to Work, said in a statement. “The First Amendment right of workers who refrain from union membership to automatically refrain from paying union dues at all and especially for politics is long overdue.”

SOURCE






New Study: Missouri Charter Schools Outperform Districts

This week, the Center for Research on Education Outcomes (CREDO) at Stanford University released an impressive study about the impact of charter schools. On average, the results are modest, but positive for charter schools.

The CREDO study updates a 2009 study of charter schools in 16 states, which included Missouri, and expands the study to now include 27 states. These states enroll more than 95 percent of all charter school students.

School choice critics often cited the 2009 study because charter schools performed slightly worse, on average, than their traditional school counterparts. In the updated analysis, charter schools in the original 16 states improved significantly relative to district schools. Now, the average charter school in those states outperforms the traditional public school in reading and has closed the gap but still performs worse in math.

The primary reason for the improvement of charter schools was the closure of low-performing schools. Using statistical methods, the researchers converted student achievement gains into days of learning. Charter schools that closed since the 2009 study “posted an average of 72 fewer days of learning in reading and 80 fewer days of learning in math before closure.”

In the 27-state analysis, the results are even more positive for charter schools. “Overall, students attending charter schools have eight additional days of learning in reading and similar learning gains in math compared to their peers attending traditional public schools.”

Missouri charter schools performed particularly well in comparison to district schools. On average, students in Missouri charter schools learned significantly more in reading and math. These gains translate to nearly three weeks more learning in reading and more than a month of extra learning in math.

Before I paint too rosy of a picture, the results were not positive across the board. Just like district-run public schools, there is tremendous variation in Missouri and across the nation. The beauty of charter schools, as we have seen, is that the low-performing ones close.

SOURCE





Essay by a teacher in a black high school

I posted the story below in July 2009, shortly after it became available.  Being a creepy-ass cracker, however, I think that such a rare insight deserves recycling

Until recently I taught at a predominantly black high school in a southeastern state.

The mainstream press gives a hint of what conditions are like in black schools, but only a hint. Expressions journalists use like “chaotic” or “poor learning environment” or “lack of discipline” do not capture what really happens. There is nothing like the day-to-day experience of teaching black children and that is what I will try to convey.

Most whites simply do not know what black people are like in large numbers, and the first encounter can be a shock.

One of the most immediately striking things about my students was that they were loud. They had little conception of ordinary decorum. It was not unusual for five blacks to be screaming at me at once. Instead of calming down and waiting for a lull in the din to make their point — something that occurs to even the dimmest white students — blacks just tried to yell over each other.

It did no good to try to quiet them, and white women were particularly inept at trying. I sat in on one woman’s class as she begged the children to pipe down. They just yelled louder so their voices would carry over hers.

Many of my black students would repeat themselves over and over again — just louder. It was as if they suffered from Tourette syndrome. They seemed to have no conception of waiting for an appropriate time to say something. They would get ideas in their heads and simply had to shout them out. I might be leading a discussion on government and suddenly be interrupted: “We gotta get more Democrats! Clinton, she good!” The student may seem content with that outburst but two minutes later, he would suddenly start yelling again: “Clinton good!”

Anyone who is around young blacks will probably get a constant diet of rap music. Blacks often make up their own jingles, and it was not uncommon for 15 black boys to swagger into a classroom, bouncing their shoulders and jiving back.

They were yelling back and forth, rapping 15 different sets of words in the same harsh, rasping dialect. The words were almost invariably a childish form of boasting: “Who got dem shine rim, who got dem shine shoe, who got dem shine grill (gold and silver dental caps)?” The amateur rapper usually ends with a claim–in the crudest terms imaginable — that all womankind is sexually devoted to him. For whatever reason, my students would often groan instead of saying a particular word, as in, “She suck dat aaahhhh (think of a long grinding groan), she f**k dat aaaahhhh, she lick dat aaaahhh.”

Black women love to dance — in a way white people might call gyrating. So many black girls dance in the hall, in the classroom, on the chairs, next to the chairs, under the chairs, everywhere. Once I took a call on my cell phone and had to step outside of class. I was away about two minutes but when I got back the black girls had lined up at the front of the classroom and were convulsing to the delight of the boys.

Many black people, especially black women, are enormously fat. Some are so fat I had to arrange special seating to accommodate their bulk. I am not saying there are no fat white students — there are — but it is a matter of numbers and attitudes. Many black girls simply do not care that they are fat. There are plenty of white anorexics, but I have never met or heard of a black anorexic.

“Black women be big Mr. Jackson,” my students would explain.

“Is it okay in the black community to be a little overweight?” I ask. Two obese black girls in front of my desk begin to dance, “You know dem boys lak juicy fruit, Mr. Jackson.” “Juicy” is a colorful black expression for the buttocks.

Blacks, on average, are the most directly critical people I have ever met: “Dat shirt stupid. Yo’ kid a bastard. Yo’ lips big.” Unlike whites, who tread gingerly around the subject of race, they can be brutally to the point. Once I needed to send a student to the office to deliver a message. I asked for volunteers, and suddenly you would think my classroom was a bastion of civic engagement. Thirty dark hands shot into the air. My students loved to leave the classroom and slack off, even if just for a few minutes, away from the eye of white authority. I picked a light-skinned boy to deliver the message. One very black student was indignant: “You pick da half-breed.” And immediately other blacks take up the cry, and half a dozen mouths are screaming, “He half-breed.”

For decades, the country has been lamenting the poor academic performance of blacks and there is much to lament. There is no question, however, that many blacks come to school with a serious handicap that is not their fault. At home they have learned a dialect that is almost a different language. Blacks not only mispronounce words; their grammar is often wrong. When a black wants to ask, “Where is the bathroom?” he may actually say “Whar da badroom be?” Grammatically, this is the equivalent of “Where the bathroom is?” And this is the way they speak in high school. Students write the way they speak, so this is the language that shows up in written assignments.

It is true that some whites face a similar handicap. They speak with what I would call a “country” accent that is hard to reproduce but results in sentences such as “I’m gonna gemme a Coke.” Some of these country whites had to learn correct pronunciation and usage. The difference is that most whites overcome this handicap and learn to speak correctly; many blacks do not.

Most of the blacks I taught simply had no interest in academic subjects. I taught history, and students would often say they didn’t want to do an assignment or they didn’t like history because it was all about white people. Of course, this was “diversity” history, in which every cowboy’s black cook got a special page on how he contributed to winning the West, but black children still found it inadequate. So I would throw up my hands and assign them a project on a real, historical black person. My favorite was Marcus Garvey. They had never heard of him, and I would tell them to research him, but they never did. They didn’t care and they didn’t want to do any work.

Anyone who teaches blacks soon learns that they have a completely different view of government from whites. Once I decided to fill 25 minutes by having students write about one thing the government should do to improve America. I gave this question to three classes totaling about 100 students, approximately 80 of whom were black. My few white students came back with generally “conservative” ideas. “We need to cut off people who don’t work,” was the most common suggestion. Nearly every black gave a variation on the theme of “We need more government services.”

My students had only the vaguest notion of who pays for government services. For them, it was like a magical piggy bank that never goes empty. One black girl was exhorting the class on the need for more social services and I kept trying to explain that people, real live people, are taxed for the money to pay for those services. “Yeah, it come from whites,” she finally said. “They stingy anyway.”

“Many black people make over $50,000 dollars a year and you would also be taking away from your own people,” I said.

She had an answer to that: “Dey half breed.” The class agreed. I let the subject drop.

Many black girls are perfectly happy to be welfare queens. On career day, one girl explained to the class that she was going to have lots of children and get fat checks from the government. No one in the class seemed to have any objection to this career choice.

Surprising attitudes can come out in class discussion. We were talking about the crimes committed in the aftermath of Hurricane Katrina, and I brought up the rape of a young girl in the bathroom of the Superdome. A majority of my students believed this was a horrible crime but a few took it lightly. One black boy spoke up without raising his hand: “Dat no big deal. They thought they is gonna die so they figured they have some fun. Dey jus’ wanna have a fun time; you know what I’m sayin’?” A few black heads nodded in agreement.

My department head once asked all the teachers to get a response from all students to the following question: “Do you think it is okay to break the law if it will benefit you greatly?” By then, I had been teaching for a while and was not surprised by answers that left a young, liberal, white woman colleague aghast. “Yeah” was the favorite answer. As one student explained, “Get dat green.”

There is a level of conformity among blacks that whites would find hard to believe. They like one kind of music: rap. They will vote for one political party: Democrat. They dance one way, speak one way, are loud the same way, and fail their exams in the same way. Of course, there are exceptions but they are rare.

Whites are different. Some like country music, others heavy metal, some prefer pop, and still others, God forbid, enjoy rap music. They have different associations, groups, almost ideologies. There are jocks, nerds, preppies, and hunters. Blacks are all — well — black, and they are quick to let other blacks know when they deviate from the norm.

One might object that there are important group differences among blacks that a white man simply cannot detect. I have done my best to find them, but so far as I can tell, they dress the same, talk the same, think the same. Certainly, they form rival groups, but the groups are not different in any discernible way. There simply are no groups of blacks that are as distinctly different from each other as white “nerds,” “hunters,” or “Goths,” for example.

How the world looks to blacks: One point on which all blacks agree is that everything is “racis’.” This is one message of liberalism they have absorbed completely. Did you do your homework? “Na, homework racis’.” Why did you get an F on the test? “Test racis’.”

I was trying to teach a unit on British philosophers and the first thing the students noticed about Bentham, Hobbes, and Locke was “Dey all white! Where da black philosopher a’?” I tried to explain there were no blacks in eighteenth century Britain. You can probably guess what they said to that: “Dat racis’!” One student accused me of deliberately failing him on a test because I didn’t like black people.

“Do you think I really hate black people?”
“Yeah.”
“Have I done anything to make you feel this way? How do you know?”
“You just do.”
“Why do you say that?”

He just smirked, looked out the window, and sucked air through his teeth. Perhaps this was a regional thing, but the blacks often sucked air through their teeth as a wordless expression of disdain or hostility.

My students were sometimes unable to see the world except through the lens of their own blackness. I had a class that was host to a German exchange student. One day he put on a Power Point presentation with famous German landmarks as well as his school and family.

From time to time during the presentation, blacks would scream, “Where da black folk?!” The exasperated German tried several times to explain that there were no black people where he lived in Germany. The students did not believe him. I told them Germany is in Europe, where white people are from, and Africa is where black people are from. They insisted that the German student was racist, and deliberately refused to associate with blacks.

Blacks are keenly interested in their own racial characteristics. I have learned, for example, that some blacks have “good hair.” Good hair is black parlance for black-white hybrid hair. Apparently, it is less kinky, easier to style, and considered more attractive. Blacks are also proud of light skin. Imagine two black students shouting insults across the room. One is dark but slim; the other light and obese. The dark one begins the exchange: “You fat, Ridario!” Ridario smiles, doesn’t deign to look at his detractor, shakes his head like a wobbling top, and says, “You wish you light skinned.”

They could go on like this, repeating the same insults over and over.

My black students had nothing but contempt for Hispanic immigrants. They would vent their feelings so crudely that our department strongly advised us never to talk about immigration in class in case the principal or some outsider might overhear.

Whites were “racis’,” of course, but they thought of us at least as Americans. Not the Mexicans. Blacks have a certain, not necessarily hostile understanding of white people. They know how whites act, and it is clear they believe whites are smart and are good at organizing things. At the same time, they probably suspect whites are just putting on an act when they talk about equality, as if it is all a sham that makes it easier for whites to control blacks. Blacks want a bigger piece of the American pie. I’m convinced that if it were up to them they would give whites a considerably smaller piece than whites get now, but they would give us something. They wouldn’t give Mexicans anything.

What about black boys and white girls? No one is supposed to notice this or talk about it but it is glaringly obvious: Black boys are obsessed with white girls. I’ve witnessed the following drama countless times. A black boy saunters up to a white girl. The cocky black dances around her, not really in a menacing way. It’s more a shuffle than a threat. As he bobs and shuffles he asks, “When you gonna go wit’ me?”

There are two kinds of reply. The more confident white girl gets annoyed, looks away from the black and shouts, “I don’t wanna go out with you!” The more demure girl will look at her feet and mumble a polite excuse but ultimately say no.

There is only one response from the black boy: “You racis’.” Many girls — all too many — actually feel guilty because they do not want to date blacks. Most white girls at my school stayed away from blacks, but a few, particularly the ones who were addicted to drugs, fell in with them.

There is something else that is striking about blacks. They seem to have no sense of romance, of falling in love. What brings men and women together is sex, pure and simple, and there is a crude openness about this. There are many degenerate whites, of course, but some of my white students were capable of real devotion and tenderness, emotions that seemed absent from blacks — especially the boys.

Black schools are violent and the few whites who are too poor to escape are caught in the storm. The violence is astonishing, not so much that it happens, but the atmosphere in which it happens. Blacks can be smiling, seemingly perfectly content with what they are doing, having a good time, and then, suddenly start fighting. It’s uncanny. Not long ago, I was walking through the halls and a group of black boys were walking in front of me. All of a sudden they started fighting with another group in the hallway.

Blacks are extraordinarily quick to take offense. Once I accidentally scuffed a black boy’s white sneaker with my shoe. He immediately rubbed his body up against mine and threatened to attack me. I stepped outside the class and had a security guard escort the student to the office. It was unusual for students to threaten teachers physically this way, but among themselves, they were quick to fight for similar reasons.

The real victims are the unfortunate whites caught in this. They are always in danger and their educations suffer. White weaklings are particularly susceptible, but mostly to petty violence. They may be slapped or get a couple of kicks when they are trying to open a bottom locker. Typically, blacks save the hard, serious violence for each other.

There was a lot of promiscuous sex among my students and this led to violence. Black girls were constantly fighting over black boys. It was not uncommon to see two girls literally ripping each other’s hair out with a police officer in the middle trying to break up the fight. The black boy they were fighting over would be standing by with a smile, enjoying the show he had created. For reasons I cannot explain, boys seldom fought over girls.

Pregnancy was common among the blacks, though many black girls were so fat I could not tell the difference. I don’t know how many girls got abortions, but when they had the baby they usually stayed in school and had their own parents look after the child. The school did not offer daycare.

Aside from the police officers constantly on patrol, a sure sign that you are in a black school is the coke cage: the chain-link fence that many majority-black schools use to protect vending machines. The cage surrounds the machine and even covers its top. Delivery employees have to unlock a gate on the front of the cage to service the machines. Companies would prefer not to build cages around vending machines. They are expensive, ugly, and a bother, but black students smashed the machines so many times it was cheaper to build a cage than repair the damage. Rumor had it that before the cages went up blacks would turn the machines upside down in the hope that the money would fall out.

Security guards are everywhere in black schools — we had one on every hall. They also sat in on unruly classes and escorted students to the office. They were unarmed, but worked closely with the three city police officers who were constantly on duty.

There was a lot of drug-dealing at my school. This was a good way to make a fair amount of money but it also gave boys power over girls who wanted drugs. An addicted girl — black or white — became the plaything of anyone who could get her drugs.

One of my students was a notorious drug dealer. Everyone knew it. He was 19 years old and in eleventh grade. Once he got a score of three out of 100 on a test. He had been locked up four times since he was 13.

One day, I asked him, “Why do you come to school?”

He wouldn’t answer. He just looked out the window, smiled, and sucked air through his teeth. His friend Yidarius ventured an explanation: “He get dat green and get dem females.”

“What is the green?” I asked. “Money or dope?” “Both,” said Yidarius with a smile.

A very fat black interrupted from across the room: “We get dat lunch,” Mr. Jackson. “We gotta get dat lunch and brickfuss.” He means the free breakfast and lunch poor students get every day. “Nigga, we know’d you be lovin’ brickfuss!” shouts another student.

Some readers may believe that I have drawn a cruel caricature of black students. After all, according to official figures some 85 percent of them graduate. It would be instructive to know how many of those scraped by with barely a C- record. They go from grade to grade and they finally get their diplomas because there is so much pressure on teachers to push them through. It saves money to move them along, the school looks good, and the teachers look good.

Many of these children should have been failed, but the system would crack under their weight if they were all held back.

How did my experiences make me feel about blacks? Ultimately, I lost sympathy for them. In so many ways they seem to make their own beds. There they were in an integrationist’s fantasy–in the same classroom with white students, eating the same lunch, using the same bathrooms, listening to the same teachers–and yet the blacks fail while the whites pass.

A rewarding relationship can grow up between an exceptional, interested student and his teacher. I have stayed in my classroom with a group of students discussing ideas and playing chess until the janitor kicked us out. I was the old gentleman, imparting my history, culture, personal loves and triumphs, defeats and failures to young kinsman. Sometimes I fancied myself Tyrtaeus, the Spartan poet, who counseled the youth to honor and loyalty. I never had this kind intimacy with a black student, and I know of no other white teacher who did.

Many white students possess a certain innocence; their cheeks still blush. Try as I might, I could not get the blacks to care one bit about Beethoven or Sherman’s march to the sea, or Tyrtaeus, or Oswald Spengler, or even liberals like John Rawls, or their own history. They cared about nothing I tried to teach them. When this goes on year after year it chokes the soul out of a teacher, destroys his pathos, and sends him guiltily searching for The Bell Curve on the Internet.

Blacks break down the intimacy that can be achieved in the classroom, and leave you convinced that that intimacy is really a form of kinship. Without intending to, they destroy what is most beautiful–whether it be your belief in human equality, your daughter’s innocence, or even the state of the hallway.

Just last year I read on the bathroom stall the words “F**k Whitey.” Not two feet away, on the same stall, was a small swastika.

The National Council for the Social Studies, the leading authority on social science education in the United States, urges teachers to inculcate such values as equality of opportunity, individual property rights, and a democratic form of government. Even if teachers could inculcate this milquetoast ideology into whites, liberalism is doomed because so many non-whites are not receptive to education of any kind beyond the merest basics.

It is impossible to get them to care about such abstractions as property rights or democratic citizenship. They do not see much further than the fact that you live in a big house and “we in da pro-jek.” Of course, there are a few loutish whites who will never think past their next meal and a few sensitive blacks for whom anything is possible, but no society takes on the characteristics of its exceptions.

Once I asked my students, “What do you think of the Constitution?” “It white,” one slouching black rang out. The class began to laugh. And I caught myself laughing along with them, laughing while Pompeii’s volcano simmers, while the barbarians swell around the Palatine, while the country I love, and the job I love, and the community I love become dimmer by the day.

I read a book by an expatriate Rhodesian who visited Zimbabwe not too many years ago. Traveling with a companion, she stopped at a store along the highway. A black man materialized next to her car window. “Job, boss, (I) work good, boss,” he pleaded. “You give job.”

“What happened to your old job?” the expatriate white asked. The black man replied in the straightforward manner of his race: “We drove out the whites. No more jobs. You give job.”

At some level, my students understand the same thing. One day I asked the bored, black faces staring back at me. “What would happen if all the white people in America disappeared tomorrow?”

“We screwed,” a young, pitch-black boy screamed back. The rest of the blacks laughed.

I have had children tell me to my face as they struggled with an assignment. “I cain’t do dis,” Mr. Jackson. “I black.”

The point is that human beings are not always rational. It is in the black man’s interest to have whites in Zimbabwe but he drives them out and starves. Most whites do not think black Americans could ever do anything so irrational. They see blacks on television smiling, fighting evil whites, embodying white values. But the real black is not on television, and you pull your purse closer when you see him, and you lock the car doors when he swaggers by with his pants hanging down almost to his knees.

For those of you with children, better a smaller house in a white district than a fancy one near a black school.

I have been in parent-teacher conferences that broke my heart: the child pleading with his parents to take him out of school; the parents convinced their child’s fears are groundless. If you love your child, show her you care — not by giving her fancy vacations or a car, but making her innocent years safe and happy. Give her the gift of a not-heavily black school.

SOURCE


No comments: