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Volume 37 • Number 4 • August 2007

AFT/UTCE: Why did they attempt to kill teacher contract bargaining rights?

It’s an unwritten rule that labor organizations stick together to protect the rights of working men and women. But that doesn’t appear to be the goal of either the American Federation of Teachers (AFT) or the Utah Council of Educators (UTCE).

During the 2007 legislative session, Senator Mark Madsen (R-Lehi) introduced Senate Bill 56, which he claimed would put all teacher associations “on an equal footing” to build their membership and communicate with their membership. “One single teacher association should not have carte blanche authority,” Madsen told lawmakers, a clear attack on the Utah Education Association, which represents more than 70 percent of the state’s educators.

Madsen’s bill contained the following language: “It is unlawful for a (district) to establish or maintain structures, procedures, or policies that favor one teacher association over another or otherwise give preferential treatment to a teacher association…” Lobbyists for the UEA quickly realized that the bill, if approved, would threaten teacher contract bargaining rights and, subsequently, contracts negotiated by UEA members over decades. The proof came when a Granite School District assistant superintendent told Granite Education Association leaders that given the requirement to bargain with all teacher organizations (as per the new bill), the district would likely choose to bargain with none.

When the bill was debated in committee, representatives for the AFT and UTCE spoke in favor of the legislation. “We ask you [to] give our teachers and staff a choice,” said AFT spokesperson Shauna Baird. “This bill is fair on its face,” said Lori Fuh, director of community relations for the Utah Council of Educators. “We ask that you support this legislation.”

Sen. Ed Mayne (D-West Valley City) – who represents the Utah AFL-CIO – spoke in favor of the anti-bargaining SB 56 on the floor of the Utah State Senate and helped distribute AFT talking points supporting the measure.

“Why would organizations wishing to represent teachers support a bill that would take away teachers’ contract rights?” said UEA President Kim Campbell, who, along with the Association’s lobby team, worked tirelessly to pursue amendments to SB 56.

In a letter dated February 14, 2007 – and after a substitute bill was introduced to take care of the bargaining issue – AFT Utah President Debbie White asked legislators to support the original bill. “On behalf of the American Federation of Teachers (AFT), an affiliate of the AFL-CIO, we wish to inform you (legislators) that we are in support of the original SB 56, including the intent language, from Senator Madsen. This is a labor issue that affects all public education employees,” White wrote. She ended with this request: “We ask that you reinstate and support SB 56, as originally written.”

When a substitute bill – with intent language that protects teacher bargaining – was debated in the House, several UEA “friends” expressed dissatisfaction regarding attacks on the Association. “I stand in support of [the] 18,000 members of the predominant teacher association,” said Representative Carol Spackman Moss (D-Salt Lake City). “This association negotiated better contracts every year I worked as a teacher. The UEA becomes a scapegoat for everything the legislature doesn’t like. To act like this organization is in direct contradiction to the legislature is not true. I am tired of this organization getting a bad rap from this legislature.”

The third substitute bill passed 39-31, “although it is not as protective of the long-standing collective bargaining practices as our first substitute bill,” said UEA lobbyist Vik Arnold.

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