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The PJ Tatler

by
Stephen Kruiser

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June 18, 2014 - 4:19 pm

When this happened last week, there was a lot of talk about court challenges to the ruling.

But this is California, where the teachers’ unions so thoroughly and completely own the progressive whack-jobs in Sacramento that they can make them dance at will.

A union-backed bill in the California legislature would expand tenure protections for public school teachers to include other employees, despite a court ruling last week that the practice is unconstitutional and hurts students.

The measure comes as officials in the most populous U.S. state continue to wrestle with whether to appeal the ruling by a Los Angeles Superior Court judge, which overturned five laws meant to protect teachers’ jobs, saying the protections make it too hard to fire ineffective teachers and inadvertently lead to placing the worst teachers at schools in disadvantaged neighborhoods.

“The issue remains that there are a number of teachers, nurses, counselors – folks who take care of kids every single day – who don’t have basic protections,” said Democratic Assemblywoman Lorena Gonzalez, the bill’s author. “So while we may have a future compromise or fight over the dismissal process, this about having some basic protections.”

Her bill, which passed the Assembly and was set for a vote Wednesday in the Senate’s education committee, would require small school districts to grant tenure to credentialed teachers after three years on the job. Districts with fewer than 250 students are not currently required to grant tenure. It also would require all districts to grant tenure to vocational education teachers, nurses, psychologists and counselors after three years.

Only in the diseased minds of public employee union loons is guaranteed employment after three years a “basic protection.” And there will be no “future fight over the dismissal process,” because these tenure laws which shouldn’t even exist below the university level are all about making teachers as close to unfireable (if it’s not a word, it is now) as possible.

These are the same teachers’ unions who kept this pervert in a job for so long it has cost his school district $30 million in lawsuit settlements so far. But it’s just the taxpayers’ money, so they’re not worried.

Crush the public employee unions. It’s the only way to completely get rid of the infestation.

Stephen Kruiser is a professional comedian and writer who has also been a conservative political activist for over two decades. A co-founder of the first Los Angeles Tea Party, Kruiser often speaks to grassroots groups around America and has had the great honor of traveling around the world entertaining U.S. troops.
Top Rated Comments   
They're the best legislators union money can buy!
10 weeks ago
10 weeks ago Link To Comment
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All Comments   (17)
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First, anyone who has been around unionized public employees and the governments that have them knew this court decision would be meaningless unless followed up by a relentless campaign of litigation to make union-owned school boards and other legislative bodies abide by it.

The primary problem on the conservative/Republican side of the ditch is that few, very few, people talking about issues such as teacher tenure and public employee union political power actually know anything about it. About half the states sanction full collective bargaining for public employees. Those states are almost totally and irredeemably Democrat; there are no Republicans in positions of power in those states' governments and few in the polisubs. When I was Alaska's head of labor relations in the early - mid '00s, only Swartzenegger's guy and I were state heads of labor relations serving a Republican governor. All the rest were either Democrat appointees or powerless technocrats. Only here in Alaska has there been a genuinely adversarial relationship, what bargaining laws anticipate, between the State government and the unions representing State employees, and the only reason is that in Alaska the unions must share political power with the oil industry. I spent my time in labor relations with Saul Alinsky pulling me one way and the Governor General of the British East India Company pulling me the other, but at least that dynamic has kept collective bargaining at the State level here relatively honest.

Tenure really doesn't mean much in the unionized environment. All it does is give a tenured teacher a right to go straight to court to contest an allegedly wrongful discipline or discharge or establish that even if a teacher is required to exhaust administrative remedy before going to court, the court is not required to give any deference to the administrative process. So, trial court judges, many of them seeking election or appointment to higher courts, can substitute their judgment for that of management. It's a problem and makes firing an incapable or misbehaving teacher more difficult and expensive but it isn't insurmountable. The reality is that statutory tenure, usually conferred after three years gives teachers a longer probationary period than most public employees who normally have at most a six months to one year probationary period.

In addition to statutory tenure, most, essentially all, unionized public employees have Constitutionally mandated due process rights and either statutory or contractual, or both, just cause rights. Most union contracts have a grievance procedure that ends in binding arbitration before a third party neutral or in some cases a government employed arbitrator. In the union-owned Democrat states, arbitration is often simply a charade for giving the union what it wants while allowing the government to say it tried to do the right thing. I've had to tell lots of arbitrators that we weren't playing a game and I've told several front-rank Left Coast arbitrators that if they awarded for the union, their award would be enforced when I ran out of courts to appeal them to - and I've appealed several to court and had them reversed to encourage the others. Consequently, we were very successful in winning arbitrations including arbitrations sustaining the dismissal of unionized public employees. We were successful because we wanted to be; few governments want to be successful, they just want to let the union have what it wants and blame it on the guy cashing the big check - arbitrators are well-paid - and getting on the jet.

And finally, even in non-union states most courts have held that there is an implied covenant of good faith and fair dealing in any employment relationship that has enough written rules to rise to the level of a contractual relationship. In other words, only if the employer doesn't promise to behave in a particular way towards its employees are those employees truly at will. If you put out an employee handbook and articulate standards of employee conduct both the employer and the employee are obligated to adhere to it and you don't a court will find that your discipline or dismissal of an employee was wrongful. The only real difference between union and non-union employees in this regard is that unionized employees have a union representative paid from dues who will represent them through at least the administrative and arbitral steps of contesting a discipline or dismissal and often even into the courts. In the non-union states, the employee has to find and pay his/her own lawyer.

OK so it is a complex and expensive process to get rid of an incapable or misbehaving public employee. You can lay more of that on legislative bodies and the federal government than on unions. Most of the rules and court decisions that make it difficult come from legislation and decisional law, not from union contracts. But that isn't the real reaso
9 weeks ago
9 weeks ago Link To Comment
My parents were born in California and lived there for their entire lives. I was born in California and lived there for my entire life. My wife retired from teaching in 2013. I had often said, "I'd like to move out of this [expletive deleted] state. After retiring, my wife said, "Where do you want to move to, I'm ready."

We visited my choice in October with the intention of just looking things over. Four days later we had to return to California to sell our place since we purchased a home. We moved in January, 2014. Every time I read about the insanity going on in California (I'll most likely burn in hell for this) I laugh my a** off. I feel bad for my family and friends but we made the choice to spend what remains of our lives in a more productive and sensible environment, they can do likewise. When people asked why we moved, our answer is simple: "political asylum".

Having said all that, I am surprised the drones in the California legislature took so long to emulate the federal government and ignore the law.
9 weeks ago
9 weeks ago Link To Comment
Just don't do like so many Blue State expatriates and try to turn your new home into a Blue State. Those of us who grant people like you political asylum REALLY don't like being Californicated.
9 weeks ago
9 weeks ago Link To Comment
They probably californicated on your red real estate values when they paid cash and didn't haggle, which no one seems to mind.
9 weeks ago
9 weeks ago Link To Comment
I taught for seven years in California. During that time I REFUSED to join the California Teachers Association. You can imagine how I was treated by the union and some of my fellow teachers. Not the only reason I left teaching AND California, but certainly one of them.
9 weeks ago
9 weeks ago Link To Comment
I taught for 25 years in California and was never a member of CTA. They and the members tried every trick in the book. Teachers told me they would turn their back on me. I said fine I wasn't there to be their buddy. They threatened me a couple of times when they were approaching a possible strike. My responses were I teach chemistry consider the ramifications of that. Also, I was in the military and know how to handle weapons so you might want to consider the ramifications of that. I was left alone after that.
9 weeks ago
9 weeks ago Link To Comment
Explain, please the claim that "below the university level, nobody should have tenure."

No, I don't want you to justify denying tenure to high school teachers - I want you to explain just why university professors are SO special that they should be protected from the consequences of their incompetence and/or criminality.
10 weeks ago
10 weeks ago Link To Comment
Technically tenure doesn't protect anyone from the consequences of incompetence or criminality. Practically speaking it's a different story.

The idea behind tenure for university professors is that they are supposed to be pushing the bounds of knowledge and so should not be punished with firing for exploring ideas that some administrator finds uncomfortable.
9 weeks ago
9 weeks ago Link To Comment
Why stop there? Shouldn't janitors get tenure?
10 weeks ago
10 weeks ago Link To Comment
They already have the equivalent through the just cause provisions in statute and union contracts and they get it in at most six months or a year rather than the three years it takes a teacher to get it.
9 weeks ago
9 weeks ago Link To Comment
And the citizens of California accelerate their depopulation of the state. There is no reason for a sane person to live there. Beaches and climate are nice, but who can live in a beautiful progressive welfare state? There gets to be a point where the pros vs. cons analysis proves that the math doesn't work.
10 weeks ago
10 weeks ago Link To Comment
When we moved, the two moving company's we talked to had an interesting observation: twenty-five years ago, of any ten moving vans in the area we came from (San Joaquin Valley), one was leaving, nine were coming in. When we moved (January 2014), seven were leaving, three were coming in. Their figures, not mine.
9 weeks ago
9 weeks ago Link To Comment
I know a couple of fine people who live in California. I wonder why they're still there. I also know a few who live in such a bubble of personal sun, sand, and materialism that it's easy to see why they remain, or worse, moved back after living in more sane states.
10 weeks ago
10 weeks ago Link To Comment
the ills that infect California would self-correct in a decade, at most two, if it became q right o work state
10 weeks ago
10 weeks ago Link To Comment
Never happen.
9 weeks ago
9 weeks ago Link To Comment
They're the best legislators union money can buy!
10 weeks ago
10 weeks ago Link To Comment
When Brown vs. Board of Education came out, Ike enforced it a bayonet point despite disagreeing with it.

These Fascist-Democrats only follow the law or court rulings when it fits their purpose.
10 weeks ago
10 weeks ago Link To Comment
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