Photograph by Jacqueline Ramseyer

Teachers from Joaquin Miller Middle School lined up their cars outside the front of the school, declaring, with fliers taped to their windows, that they are currently working without a contract.

Teachers, district reach an impasse

Educators continue to work without a contract for now

By GEORGE MOORE

Hundreds of teachers turned out in a strong show of solidarity at the March 26 Cupertino Union School District board meeting. Negotiations held March 20 reached an impasse after the district opted not to counter the latest proposal from the teachers.

"We were expecting a counterproposal and [it] didn't seem there was much point to countering our own proposal," said Jeff Warner, bargaining chairman for the Cupertino Education Association. "We have room for movement and I think the district understands that, but they locked themselves in. It seemed that we were at impasse so we made a mutual declaration."

It is now in the hands of the state, which will send a mediator to look at the situation to see if they can get the two sides together. If the mediator decides that settlement is not possible, the next step is a fact-finding process. A panel consisting of appointed members from the union, the district and a neutral third person, selected by both parties from a list provided by the state, will review all records and give an advisory recommendation. Both parties have the option of accepting or denying that recommendation.

"The district still has the option of reopening negotiations if they choose to do so," said Janice Hagerbaumer, president of the association.

Superintendent William Bragg said the differences in what both parties proposed were so great that they would benefit from the presence of a mediator. The mediator could enter the picture and get them on the same wavelength to find some common ground.

"Everyone really needs to look at what the district has available for both the salary and health and welfare and work together to come up with something that is fair and equitable," Bragg said. "There is some flexibility as to how those dollars can be utilized."

A few years ago, negotiations for a new contract moved at a similar snail's pace and also came to an impasse.

"The past negotiations did take a long time, but we saw a light at the end of the tunnel," Warner said. "We haven't this time."

The teacher's latest proposal asked for a 5 percent salary schedule increase and an increase, of $3 million to health and welfare beginning in 2002-'03. The district's previous offer was for a 2.5 percent salary increase plus a one-time 1.4 percent increase for next year and a $1 million increase for health benefits.

At the start of the board meeting, trustee Barry Chang said the district appreciates all of its teachers and supports them 100 percent, but they have a process that they are required to follow by law.

Teachers as well as supportive parents filled the boardroom, seated on the floor, standing in the hallway and many having to peer in from outside of the small meeting room at the administration building. Most of the teachers donned "Working Without a Contract" buttons at the meeting. Kareen Lambert, a concerned parent, said she and other volunteers are passing out buttons and fliers at all CUSD schools March 28 to parents dropping off their children in an effort to make them aware and keep them informed of the situation.

Beginning April 1, teachers plan to begin a work-to-rule schedule--working the exact seven and a quarter hours each day, as required in their contract, and nothing more.

Joan Bowersock, a teacher at Kennedy Middle School, voiced her concerns about the large turnover rate in the district.

"Since we are professionals, we will continue to train new teachers, many of whom will leave the district in one or two years--perhaps we too will leave," Bowersock said. "No teacher in this district wants us to go in the red, but it's an insult not to be offered at least a COLA [cost-of-living adjustment]. ... Without the COLA on the salary schedule next year, in essence, we will be earning less than this year."

Suman Ganapathy, a parent with a child at Garden Gate Elementary School, said the teachers in the district are outstanding professionals. She said she was dismayed to learn that some teachers do not feel valued, and she said many parents have no clue as to what is going on with the contract negotiations.

Lew Green, a teacher at Cupertino Middle School, said that a few years ago, after negotiations went to an impasse, a meeting was held to find out why it happened. Green said they determined that it was a problem with communication and trust among the parties--something they are still having a problem with during these latest negotiations.

"I'm looking forward to teachers being able to focus on teaching as their primary concern, without the distraction of this contract," Green said.

Dorothy Brough, executive director of the association, said it is time to get the contract settled.

"There's enough money there for what we're asking, and we're willing and waiting to get back to the table," Brough said.

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