REBUTTAL TO SDEA’s “Summary of the Tentative Agreement”

SDEA emailed out a “Summary of the Tentative Agreement” that paints this concessions deal as some sort of victory. The “summary” is more of a “rewriting”, leaving out far more elements of the agreement than it includes, and giving a slanted representation of the rest. Here is a point-by-point response as well as some points that they left out entirely. You can read the full Tentative Agreement on the Breakfast Club Action Group website: This ratification vote isn’t just about a 17% pay cut (although it certainly is about that as well). It’s about the future of our union. No matter how this vote goes, we have a lot of work ahead of us this fall to turn SDEA back into OUR UNION.



What SDEA says the T.A. will do…



What the T.A. will actually do…

Recalling Layoffs in K-12

Recall all layoffs based on savings generated by these concessions.

Only 1,090 will be recalled now, including the roughly 500 that District CFO Ron Little testified never should have been laid off in the first place. The rest will be recalled based on attrition, which would have happened anyway. That means we’re taking a potential 17% pay cut to save a few hundred jobs.
 Recalling 2010-2011 Layoffs in K-12

Nothing. Nothing. The 200+ educators who are still laid off from last year remain laid off.
 Preventing Future Layoffs Nothing. Nothing. There is not a “no layoff” clause. There is nothing that prevents the District from issuing another 1,000+ layoffs next year, no matter what happens in November, and demanding that we reopen our contract and give up even more again. In fact, many parts of the TA assume future layoffs.

 Recalling Layoffs in ECE


110 positions ECE are restored. 41 ECE teachers are hung out to dry.

 Healthcare Extension

Healthcare for laid off members will be extended through September 30. The District isn’t extending laid off members’ healthcare. We are. The District owed SDEA members more than $3 million based on savings from VEBA’s changes to our healthcare in the fall of 2010. SDEA filed a grievance to get the money (because the District would not honor the contingency language we have in our contract). To get the healthcare extension, we traded away a $2.8 million settlement offer (that would have put a roughly $400 bonus check in every single one of our pockets) to buy a healthcare extension that the District always paid for in every previous year, and that classified workers already have in their contract.

 Non-classroom Educators

Nurses and counselors remain in our schools. Not the 100+ nurses and counselors still laid off from last year. The District is refusing to honor our nurse/counselor caseload language, and won’t even agree to let it be arbitrated. Why was this not addressed through the layoff bargaining?

 Class Size

Class size will stay at 2010-2011 levels. This would have been the case anyway when we called the District’s bluff like we always have, and they issued inevitable Fall recalls.
 Early Retirement Incentive There will be a one-time $25,000 incentive for members retiring next year or in 2013-2014. After taxes, $25,000 is about $15,000. That won’t even begin to offset the lifetime negative impact, which will be closer to $150,000. Why not leave the raises intact for our most senior members? What about people retiring in Fall 2014? They will take more furloughs than anyone, and won’t get a dime. Plus, offering it to the first 300 is a cynical attempt to create a stampede to exodus — more panic, more division.

 1% Raise to Top Step


Those at the top of the schedule will receive a 1% increase effective July 1, 2013, IF a tax initiative passes. That 1% would have been a total 7.16% increase effective July 1, 2013, contingent on nothing, had our contract stayed closed.

 Deferral of 7% Pay Restoration/Raise

Our salary restorations are deferred but not canceled. Not true. Our restorations are absolutely canceled. The plan to “roll over” the increases into a future contract is illegal and unenforceable. Ask PERB (the body that enforces public contract law) yourself.

 Up to 2% Raise for All


We get up to a 2% increase, effective January 1, 2013, IF a tax initiative passes. That would have been a second 2% raise, guaranteed, if the contract stayed closed.

 Furlough Days

There will be 5 more furlough days in 2012-2013 and 5 more furlough days in 2013-2014. Not true. In 2012-2013 it’s a minimum 5 days, and up to 19. In 2013-2014 it’s a minimum 5, and up to an ADDITIONAL amount to be determined based on the Governor’s January 2013 budget speech.

 Additional Furlough Days if Tax Initiatives Fail


There will be up to 14 more furlough days in 2012-2013 if the ballot initiatives fail. this is a 7.5% pay cut below what we are making right now. The total cuts: We continue 5 furlough days (-2.7%), cancel our raises (-7.16%), and take 14 more furlough days (-7.56%). That is a 17.42% pay cut from our bargained pay.

 Non-Fiscal Contractual Improvements

Nothing. Nothing. There aren’t any. In exchange for enabling the District’s fiscal mismanagement, we should have bargained significant no-cost improvements (e.g. better five-year evaluation rules, less supervision). But SDEA never even gave us an opportunity to say what we’d like to see in our next contract.

 Capturing Funds

Incoming funds will restore concessions. Virtually nothing in this TA is enforceable. The District doesn’t honor what we already have in place (e.g. the VEBA savings money, the nursing and counseling staff ratios). What makes us think they’ll suddenly start honoring negotiated contingency language now?

 Professional Development Days

We can make up 1-2 furlough days with PD. It’s not about where the funds come from. If they have the money to pay us for PD… they have the money to pay us period.

 Protecting the Contract

Our contract will be “protected” by extending it through 2014 and won’t expire during the “worst budget year” of 2013.

Our contract was supposed to be “protected” this year and wasn’t. We now know there is no such thing as a “protected” contract under SDEA’s current leadership. If SDEA is assuming that 2013 will be the “worst budget year”, they’re assuming the ballot initiative won’t pass, and so are assuming that we’re all taking an additional 8% pay cut this winter.

We can do better. This 17% pay cut is not a done deal. JUST SAY NO.

Analysis of the Tentative Agreement final — PDF to print and share.

One thought on “REBUTTAL TO SDEA’s “Summary of the Tentative Agreement”

  1. Pingback: NEW: Association for Union Democracy Publishes The Breakfast Club’s Story! « The Breakfast Club Action Group

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