shortlink: http://shawnbeightol.com/blog/?p=259
We won the lawsuit against UTD’s illegal contract changing votes in May and August that resulted in the raise (step) being suspended and the IPEGS evaluation formula being changed to include 50% reading proficiency!
The court’s decision is based on the use of Votenet Evoting as being insufficient in transparency – it fails the Florida statutes and rules for legality for union elections. I’m disappointed that the argument regarding notification was not made strongly enough and hope it will be revisited if UTD appeals.
Results? They will have to redo the votes:
“CONCLUSIONS OF LAW
1. Both contract ratification votes were invalid.
2. Both parties are entitled to partial attorney’s fees and costs awards.
RECOMMENDATION
The remedy for an invalid contract ratification vote is a re-vote. If the contract is approved, the re-vote will relate back to the original vote. If not, the contract itself is
invalid as of the date of the original ratification.”
I believe until this happens, we return to the status quo before the votes occurred (due for a raise, last year’s IPEGS scheme).
We now have the opportunity to revote on our raise.
This time, let’s make sure any increase is offered equally to our entire bargaining unit – support staff included (security, paraprofessionals, and clerical)!
We now have the opportunity to revote on the IPEGS change – do you really want to be evaluated on how students you’ve never seen read?
Of course, the result of the court will be challenged, but I think the law has shown we were right.
Here’s the decision: http://perc.myflorida.com/download.aspx/Prefix=CB/CaseYr=11/CaseNo=073/File=CB11073-Ord10-113011104700.pdf
My guess is it will be appealed.
Perhaps they will try to redo each vote separately (healthcare, raise, IPEGS, Race to the Top performance pay).
Commentary: since May’s vote was a disguised vote to turn down our raise by promoting no healthcare increase and no RIF yet now we just received notice that they are raising our healthcare anyway, perhaps we can get UTD to enforce PERC’s May 18th 2011 order to MDCPS to deliver our raise (see pp. 24 & 28 of http://perc.myflorida.com/download.aspx/Prefix=SM/CaseYr=10/CaseNo=100/File=SM10100-SMRD-051911080458.pdf ).
If the district can raise $70 million by pleading with the community so we can have wifi in every school, why can’t it raise $70 million (X2) for the 2 raises we have recently been refused?
Shawn
“one teacher”…but surrounded by a thousand supporting educators and support staff.
