Kent Teachers: Hell No We Won't Go [Back To Work]

Update Thurs. Sept 10:

The KEA went back before a Superior court judge for a typical compliance hearing- the court wanted to follow up to see if the teachers had in fact gone back to work as of Sept. 7th as had been previously ordered.  Prior to the hearing there was a demonstration in front of the court house which included statements from the Seattle NAACP and others.

Once inside the courtroom, it was fairly cut and dry.  The District presented evidence that teachers and the KEA had “flagrantly” defied the courts order; the Union lawyer alleged that the District has in fact locked teachers out, preventing them from work.  The Judge didn’t take any time to address the allegations as no proof was offered to support it.  She then read from pre-written remarks, handing down sanctions against KEA, and the teachers, and offered a harsh verbal admonishment to the KEA and teachers for defying the order.  She advised them to grow up and set a better example for children, among other things.  It is unclear if KEA and teachers will now agree to return to work (I doubt it, folks).  Listen below to the court hearing, all told, about 20 minutes of audio. Parts 3 and 4 contain the bulk of what the Judge had to say.  Below the audio are a few excerpts in text.  BTW, I saw the Judge before the hearing, on the 2nd floor of the courthouse looking out at the protesting teachers for a few minutes.  She didn’t seem very pleased.

Pt. 1

Pt. 2

Pt. 3

Pt. 4

From the Judge’s contempt finding/order:

“The law is clear that teachers do not have a right to strike under Washington law. That is why this court granted the School District’s request for an injunction – the strike is unlawful, and it is harming children and their families. Some 26,000 children who should be getting an education in the schools are not being educated. Children and families who rely on the schools for special services are not getting those services. Families who depend on the schools for child care during regular school hours are being forced to scramble to make alternative arrangements for care and supervision of their children. High School seniors who plan to graduate next summer, and who have made or are in the process of making plans for college, have concerns over being able to graduate on time. Classified (non-teacher) employees of the District are not being paid while school is not in session. The longer the strike continues, the greater the degree of harm that is occurring.”

“Refusal to obey a court order is a sign of disrespect for our free institutions. It is a sign of disrespect for the Court – the very institution of government that exists to protect rights, liberties and access to justice for all people, regardless of their wealth, status or background. It is a poor example to set for the young people who are looking to their teachers as role models for how to behave in a society that is founded on the rule of law.”

“The KEA hereby is fined $1,500 per day and the teachers who have refused to comply with this Court’s September 3, 2009 Order are fined $200 per day each, for each day they fail to comply with the September 3, 2009 Order, from September 8, 2009 onward. The fines are to be paid into the registry of the King County Superior Court.
2. Imposition of these fines shall be suspended until Monday, September 14, and shall not take effect if the defendant teachers are prepared, available, present, and ready to teach school during regularly scheduled school hours on September 14, 2009 and on each regularly scheduled school day thereafter, and provided also that the defendants are fully in compliance with this Court’s September 3, 2009 Order as of September 14, 2009.
3. The parties shall return to negotiations immediately, and shall continue those negotiations in good faith until agreement is reached on a new collective bargaining agreement.”

Monday 9:43pm update:  AP reports Kent School District will negotiate with teachers throughout the night to get students back to school.

Original Post:

In a meeting held at Evergreen College Monday night, teachers from the Kent School District gathered to weigh their options.

Less than a week ago a Superior Court Judge ordered the teachers to return to the classroom, ruling the strike they’ve been engaged in since August 26th is illegal and causing harm to  the public; students, their families and other district employees.

Teachers insist the District is not negotiating in good faith.  They want more money and smaller classroom size, and their website points to their number one argument as to why those demands should be granted- other teachers in other districts make more money than they do.  Until they get it, they aren’t going back to work.

Many teachers spoke out forcefully, while other teachers, who are likely newer to the district, sat quietly, watching and listening to their co-workers vent.  “Let’s go back to work” is not a popular opinion- those who hold it keep their mouths shut, confided one first year teacher.

In the heart of the Kent Valley hours before teachers opted to continue their strike, another meeting was held to address the strike and its impact.  There were no teachers, administrators or lawyers.  Instead, roughly two dozen parents gathered to discuss the impact of the strike on their families.

One mother, who sat in the corner with a friend seemed inconsolable.  “She is afraid she’ll lose her job because she doesn’t have child care and she doesn’t know when the children will go back to school,” her friend explained to me.

Across the room, yet another woman was negotiating how many children she could watch during the week, so that other parents could go to work.

Still in another corner a group of fathers pondered what their legal options would be.  “I don’t understand,” said one, “the judge said they must teach, how can they refuse to teach our children?”

Some discuss hiring a lawyer.  Others consider a press conference.

“No,” objected one father, “if we speak up, teachers will just say we don’t care about them, and then they’ll target our kids all year.”  He looks at me directly, “no names in your article.”

It’s not a request- it’s an order.

At the dining room table another group of parents listen intently as a mother described an interaction she had with her son’s teacher from last year at the grocery store.  The teacher, the mother insists, told her not to worry about her job- that she could go on welfare.

Another mother expressed concern for her daughter, a senior.  “We fully expect her to go to college, and there are deadlines she has to meet for applications- have [the teachers] thought about kids like her at all?”

The frustration in the room could be cut with a knife.

“I want the teachers to have more money, and yeah, it would be nice if the kids had smaller class sizes,” said my neighbor, “but not having the kids in school?  They obviously don’t give a damn about these kids.”

At the original court hearing last week, the District argued to Superior Court Judge Andrea Darvas that the law prohibits strikes by public employees because they cause harm or have the potential to cause harm.  The Union attorney argued that a strike is nothing more than an inconvenience.  Judge Darvas sided with the District and ordered teachers to return to work.

A second mediator is now tackling the impasse Union and District officials find themselves at, and the Governor’s office has also begun applying a bit of passive pressure (passive for now, that is) by encouraging both sides to work in good faith to reach a resolution as quickly as possible.

While some debate whether a teacher strike has any negative impact, others feel the damage has already been done.  “We’re going to have a bunch of angry, resentful teachers instructing our kids,” insists my neighbor, “no matter how this ends, they’re gonna be in the classroom with a chip on their shoulder, so really, what good is any of this?”

Kent teachers have opted to defy the court order and remain on the picket line.

And so the tension rises.