East Side Teachers Association/CTA/NEA 888 So. Capitol Ave San Jose, Ca 95127 August 28, 2003

Don McKell, President Julie Pratico, Vice Pres Carla Holtzclaw, Secretary Ralph Giannini, Treasurer

mckelld@esuhsd.org fax: (408) 272-7569 voice: (408) 272-0601 x213 website: www.EastSideTA.org

The annual CTA Region I Leadership Conference is upon us once again early in the school year: September 19, 20, 21. Due to scheduling problems with Asilomar, this year’s LC will be held locally at the Westin Santa Clara. This location change will not affect the Conference content or usefulness, but will mean that ESTA attendees should not require overnight accommodations – thus lowering the cost.

The Leadership Conference features dozens of seminars from which to choose, covering topics dealing with educational law, retirement, state budget, chapter organization, "No Child Left Behind", special needs education, and many, many more. No one who attends a CTA Leadership Conference regrets the learning experience or contacts made.

ESTA and the Mt. Hamilton Council will pay for the registration costs of up to 25 ESTA members, but the deadline is September 3. To discourage no-shows, you must produce a personal check for $100 to the Mt. Hamilton office in order to register, which will be returned uncashed to each actual attendee. Don’t delay: call Dorothy or Ly at the Mt. Hamilton office (272-0601) to get in on this great opportunity.

A state law mandates that school boards must engage in good faith collective bargaining with certificated employees. Among the items included in the scope of bargaining are employee disciplinary procedures.

Instances involving two ESTA members occurred at one school site over a year ago which the district pursued as either racial or sexual harassments. Both employees were disciplined by the district. As a result of certain (in our opinion) irregularities in the conduct of the investigation, ESTA alleged that the district had unilaterally embarked upon a change in the bargained process for dealing with complaints against members. With the assistance of a CTA staff attorney, we sought the protection of the Public Employment Relations Board (PERB) by claiming that the district had engaged in an Unfair Labor Practice. A series of widely-spaced hearings at the PERB offices in Oakland ensued during the past year. In late summer, the PERB law judge issued a ruling that in all ways supports ESTA’s allegations. If upheld (the district may choose to appeal) the ruling will have the following effects:   both ESTA members at the core of our case would be entitled to have their discipline rescinded, ‚ the district will be directed to post the PERB ruling in conspicuous places at all job sites for at least 30 days, ƒ the district will not be able to pursue discipline of employees in the same manner without first entering into collective bargaining to obtain agreement regarding the process.

The district has until September 2 to appeal the PERB judge’s ruling.

ESTA warmly welcomes Dr. Esperanza Zendejas, only the sixth individual to serve in the capacity of East Side superintendent in our 50-plus year history. Dr. Zendejas succeeded the retiring Joe Coto as the CEO following a lengthy search process in which a number of candidates were considered and rejected. Zendejas earned her doctorate at Stanford while a middle school administrator in a local school district, and went on to top posts in Texas, Indiana, and Florida. She is the child of immigrant parents, mother of three daughters, and a published author.

Against the backdrops of the continuing state budget crisis, chronically underfunded federal mandates, a stagnant economy, soaring medical insurance costs, and low student achievement, it is a wonder why anyone would aspire to be a California public school superintendent. ESTA wishes Dr. Zendejas all the best in her new task. We hope to work cooperatively to continue to improve the environment for both students and employees in this district.

Certificated California K-14 public school employees are all contributors to CalSTRS, the State Teacher Retirement System. Eight percent of our earnings are diverted into the system, matched by an equal amount from the school district. With almost 300,000 current contributors, and a history that goes back over 80 years, the funds under the control of CalSTRS have grown to hundreds of billions of dollars. Upon retirement, or in certain dire circumstances, we or our survivors begin drawing from the massed fund.

In many ways, CalSTRS is little different than any other huge insurance company. Some of its conduct is governed by state law, and the rest is governed by a Board of Directors. Until now, the members of that Board have all been political appointees, beyond the reach of ordinary STRS members like you and me. Beginning in October, a new law signed by Gov. Davis mandates that two seats on the STRS Board be elected by STRS members. STRS is charged with conducting that election. Early last summer, in documents mailed to your home (that – like me – you may have ignored) STRS issued a call for nominees. From the large number of nominations received statewide, CTA has endorsed Gary Lynes (a current STRS Board members) and Dana Dillon, a public school teacher. In October, CalSTRS will mail out ballots to all STRS members to conduct the election.

Why should we care who wins? Some of us may spend 20 or more years in retirement. We need a STRS Board that is both financially responsible in acting as a steward of the STRS fund, but also willing to maximize our pension payouts and act to prevent the ravages of inflation from eroding those pensions. Smart, teacher-friendly candidates are better for us than a panel of political hacks.

As we all know by now, classes are large. To reduce payroll costs in the wake of a stingy state budget, our district has eliminated many non-teaching assignments and has indicated its intention to load classes as close to contract limits as possible. As I write this, there are significant indications that many classes are loaded over the contract limit, and it is our experience that the numbers of students will generally increase until about the middle of October.

Our contract with the district allows a certain "grace" period before master schedule balancing begins to take place. However, we can expect that by no later than the end of the second week of school, shifting will be underway that may close some classes and open others in the district’s attempt to make every effort to bring class sizes to within contract limits.

Teachers may be approached by administration to sign class size waivers during this time. ESTA advises its members not to be pressured into signing waivers. Most especially if you are new to this district, check with others in your department before signing waivers. There are certainly instances in which it makes perfect sense to sign them, but know before you sign that doing so  eliminates any claim you may have to class size overage payments, ‚ eliminates your ability to control the number of students in your class, ƒ may negatively impact other teachers in your department, „ weakens to some extent the rationale for having class size maximums, … absolves administration from having to balance the master schedule.

Study after study has shown that student achievement goes down when class sizes go up. When you sign a waiver, you voluntarily take on more work without a commensurate increase in compensation, and it is not likely that your students will ultimately benefit. You have every right to refuse.

Please inform me or your ESTA Building President if you are approached to sign a waiver during class, or if you are pressured in any way.

Last year, in the first full year of operation, the Benevolent Alliance of East Side Employees (BAESE) rendered financial assistance to our fellow employees amounting to almost $20,000. This wonderful program can only operate with the help of voluntary contributions from each of us. If you are not a BAESE member, see your school librarian or call or email me to start. We have a simple form that easily initiates payroll deductions of $3 per month, and your modest annual donation is fully tax-deductible. Once you have become a contributor, your contributions continue from year to year until you stop them or leave the district. One does not have re-join each year.

BAESE membership and assistance is open to all employees: administration, classified, or certificated. If you are in need of financial help, call me or speak to any BAESE Board member: Susie Caton (WCO), Cathy Giammona (DO), Chris Evans (JL), Nancy Schwalen (ST), Tom Gerin (ST), Fil Zamora (YB), Debbie Russell (DO), or Chip Bright (DO). BAESE is very discrete with applicants’ data. The Alliance makes zero-interest loans with easy payback, and can even make outright grants in drastic cases.

ESTA and the District entered into an agreement in 2002 that allows ESTA members to donate days of their personal sick leave into a Sick Leave Bank. Almost 200 of us opted in to the program in its charter year. The donated time is managed by ESTA and can be parceled out, under certain circumstances, to participating ESTA members whose own sick leave time has been exhausted. A committee of ESTA members has been established to weigh the merits of individual applications to withdraw from the Bank.

If you joined last year and donated a day of your sick leave, you will automatically continue as a participant in the SLB unless you notify the District Personnel office to the contrary. Unless the balance in the SLB falls below 50 days, no participant will ever have to donate more than two days in an entire career. Thus, last year’s participants will become fully vested after donating one additional day this year. (Full details of the program are available on the application to join the ESTA Sick Leave Bank, which will be distributed to all certificated employees early next week.)

One reason to donate days to the SLB is that it’s the only way you can ever draw from the bank; think of it as insurance against loss of earning power following a long and catastrophic illness. Another reason to donate days is that you may be helping a fellow teacher get through a bad time with a little less pain; think of it as a nice thing to do for someone.

Regardless of your motivations, the deadline for either joining the SLB or for current participants to opt out is September 30. Notification must be in writing to the Personnel Office on the official form.

Retirements and other personnel moves over the summer make it a good idea to recap the list of key ESTA people. Use these folks as your first line of contact if you have some work-related questions or if you need some help.

President: Don McKell 272-0601

Vice President: Julie Pratico 347-4177

General Secretary: Carla Holtzclaw 928-9163

Treasurer: Ralph Giannini

AHHS: Wendy Stegeman OGHS: Kim Schaupp

DO: Sue Zaslaw PHHS: Paul Landshof*

EVHS: Marisa Vera SCHS: Larry Johnson

FHS: Janice Mallard* STHS: Theresa Flores

IHS: Allan Roberts WOHS: Ellen Pyeatt

JLHS: Mike Gatenby YBHS: Blanca Espinosa

MPHS: Robert Rumph

Bargaining: Don Dawson, SCHS

Political Action: Julie Pratico, AHHS

Grievance: Larry Scharsch, IHS

Benefits: Bill Mustanich, AHHS