The Utter/Heck Report

So, the special team that Governor Locke sent in to investigate the Marysville situation has issued their first report. The report blames both sides, but I notice a little emphasis on the district side of things. Here are some juicy excerpts with my unprofessional opinions.

Report of the Governor’s Special Masters on the Marysville School District Strike
By Justice Bob Utter (ret.) and Denny Heck

Yes, their names are Utter Heck.

...simply put, teaching is a very hard thing to do. At the outset, we sincerely thank you who are willing to undertake this task so urgent to all of us.

They start out the report by giving their teacher creds, including the fact that both of them are married to former teachers. They also emphasize that teaching today is different than just a generation ago.

We are confident that our recommendations are balanced and affordable within existing District resources and are viable if the parties truly wish to resolve this dispute.

I notice that key word "if" in there. Is there some reason these guys think the parties don't want to settle?

There is plenty of blame to go around. Both sides have committed errors that have materially contributed to this circumstance.

This is an example of being blunt. However, I noticed later on that most of the recommendations they make for solving the problem are exactly what the teachers want. Have they uncovered something that the union is doing that the teachers don't know about, or are they just trying to let the district save face?

The District has aggressively sought to transition to the state salary schedule and to regain control of “TRI days” (time, responsibility and incentive pay). Given all considerations, the District has been too ambitious in its efforts in this regard and as a result, has notably contributed to prolonging the duration of the strike. In other words, the current salary schedule and TRI configuration did not happen overnight; it is difficult at best to change them significantly overnight.

That's what the teachers have been saying for the last 48 days. Glad somebody else noticed.

RECOMMENDATION: The parties have locked into their respective positions; but this is not an “either-or” choice.

This is in regard to the salary schedule, and I think the guys got this one wrong. The district is determined to go to the state salary schedule within three years. The union refuses. Their recommendation itself does not condone going to the state salary schedule, thus this IS an "either-or" choice, and they recommend "NO". Which is what the union and the teachers have said all along. Here's the rest of this recommendation:

The parties can and should negotiate a new single consolidated salary schedule that meets as many of the stated interests of both sides as possible. The District has defined these interests, in part, as: making it easier to comply with state requirements and paying less senior teachers more closely to the amount they generate from the state given their years of experience and education. The Local has defined its interests, in part, as: protecting senior teachers from any reductions (real or nominal) and support for a locally developed schedule that reflects unique concerns. These interests are not mutually exclusive.

Except they are when one side insists on "going to the state salary schedule" without any real bargaining in between. This is the single biggest issue in this strike, and they seem to have missed the point. The union refuses to be forced onto the state salary schedule, the district insists on it. They are mutually exclusive. Period.

The recommendations about TRI pay make no sense at all to me. Basically it sounds like they are telling the district to stop messing with the TRI, pay it as in previous contracts, and if they want more district directed days then pay the teachers for it. Here's the bit in question:

The District currently provides the equivalent of 10 additional “TRI days” for teachers.

RECOMMENDATION: The parties should negotiate an additional day or more of District-directed activity at the base rate of pay (versus the current “premium” rate for “TRI days”.) This would be in addition to the current 10 days. The parties should also pursue other means to create available time for professional development activities within the parameters offered by state law.

The last bit is health care and other compensation:

RECOMMENDATION: Given our recommendations above, and given the strained finances of the District, we believe that overall compensation increases can and should be negotiated for all employees that are in an amount that is less than last proposed by the Local – in whatever combination of pay and health care benefit increases. We do not recommend a specific amount since the overall package is interrelated.

In other words, they recommend a compromise. That's the thing that bargaining is supposed to result in, but since the district hasn't done any bargaining, there have been no compromises. Strange how that works (or doesn't work, as the case may be).

Tomorrow, Snohomish County Superior Court Judge Linda Krese will issue her ruling in this matter. If Judge Krese grants injunctive relief and orders teachers back to work, we strenuously urge them to return to the classroom and simultaneously continue bargaining.

The teachers will not return to the classroom without a contract. This is a stupid thing to put into the report.

But if success continues to elude the parties, there is another option which is tried and true in the history of labor relations throughout the nation and Washington State and that is BINDING INTEREST ARBITRATION.

YES!!!!!! It's about time someone brought this up! It should have been used after the strike went on one week! Why hasn't this been used yet? I keep hearing that the district refuses it, but why?

This thing has gone on 47 days too long. And tomorrow morning I get to learn if my husband is going to be declared a criminal for standing up for the rights of teachers. This whole thing is stupid. It was stupid from the start, and stupid when it continued. Marysville has given us nothing but pain since September 1st. I just want this nightmare to end.