I started teaching in 1959 and Michigan and Wyoming Michigan. I became I was a junior high school teacher and social studies and in 1965. I left the classroom to become an organizer the Michigan Federation of teachers where I let strikes and negotiate a teacher Union Agreements are then accepted a position for 5 years in Washington DC. Why work for the bargaining agent the Washington teachers union. And in 1972 after five years I left there but while in Washington I was very active in Community Affairs. It was because of my involvement both as a union organizer and later as a community activist that I eventually began to experience the tension the tug if you will cause by the legitimate aspirations and goals of teachers on the one hand and a Gentleman aspirations and goals of parents and citizens on the other. Well FDC, I accepted a doctoral fellowship at Harvard's Graduate School of Education and during the three years of study there. I pursued my interest in this particular problem. And why is a faculty member at the Center for Urban studies at Harvard and MIT last year? I continue my working in this area. Still the the string troubles me today just as I know it troubles many of you while I don't pretend to have an answer to the dilemma with c and it is proper. You consider and explore possible ways to resolve the Dilemma the conflict posed by the introduction of a new political force in public school governments, try to both learn from the mistakes and build upon the games rot by collective bargaining at the outset. I wish to make it crystal clear that while I have come to criticize you criticize the negotiating structure and some of my former colleagues. I still remain a supporter of collective bargaining and support the right of employees to organize at the workplace with those brief introductory remarks. Let me now indicate where I would like to go with the remaining time one like to provide a brief historical overview explain the reasons for the emergence of bargaining I would serve as to do that because the other speaker didn't show up or we couldn't come so that was introduced at the last minute and I'll see if I can handle it to the promises of bargaining. Three the pitfalls or what? I call the exclusionary character of bargaining and its implications for citizen participation and for possible alternatives to exist to the existing bilateral struck. A number of observers have characterized labor relations in the 1960s as a decade of the Public Employee teacher organizations were very much a part of this Public Employee decade indeed one writer has said that one of the surprising developments of the 1960s was and I quote the Rockets rise in classroom teachers and their professional organizations end of quote. What caused this. What were the issues in the teacher revolt revolt that signal the end of the mr. Peepers Our Miss Brooks image of a docile obedient dim-witted teacher time does not permit a full discussion of the reasons for the teacher power movement. It is nevertheless. We're deciding a few of the underlying causes to understand why the teachers turn to collective bargaining as a means to advance their rights. It should be recalled that it was less than 10 years ago that the US Supreme Court in Pickering versus the Board of Education ruled that a teacher could criticize Board of Education policy without fear of being dismissed in 1959. When I attempted to organize a union chapter in a suburban school district in the heart in the heart of labor town near Detroit, the superintendent said the union would come in this District over his dead body. The chapter was never organized that year but a few teachers after I left it organized. the point of this is to indicate the teachers by and large were severely restrained and exercising any independent political educational judgment and public education there existed a second-class status and a powerlessness among teachers both individually and collectively SNS what can be done to alter this existing relationship between teachers administrators and school boards teachers turn to a new device. Indeed Mario fantini who is the current dean of the school of education in the University of Massachusetts, and now a Critic of teacher unions and one of his books underscore the point that the move that quote from Individual to Collective professional teacher has been a large part caused by repressive policies governing teachers wages and working conditions established by the administrative sector of the public education establishment and a quote. Here it would be appropriate to digress momentarily to explain partially the educational establishment. It was being challenged by teacher organization. This is my little history lesson and respects the educational system existing prior to bargaining was created at the turn of the century by the Progressive Movement this new educational structure evolve by resting local control away from working-class people. It was a system model after the corporate experience the business world and it was based on an ideology and bracing efficiency expertise punctuality order professionalisation and most importantly by hierarchical mode of governance creation of this model led to a virtual monopoly of Education of decision-making by the superintendent and his immediate staff and I underscore that because it was not Boards of Education that had that control. In fact, what was the role of school boards in this government structure boards are representatives of the people. This fact has been highly disputed by number of studies. Perhaps the role of the board has been a plea summed up in a very recent issue the $5 cap in March 1977 and I quote most board members not view their role as representing our speaking for the public rather. They view it as speaking for the administration to the public and the quote. In summary the historical development of school governance resulted in a unilateral form of decision making decisions often initiated and dominated by the Central School administration. It was I would argue this control exercised by the institution of the superintendency. That was a primary factor in the triggering the dry for bargain rights on the part of teachers in the early sixties. In addition to being interested in Broad questions regarding the running of schools teachers were specifically concerned with what they term intolerable working conditions conditions that tended to undermine the delivery of effective instructional Services among some of these concerns were the enormous amount of repetitive clerical work form 56 form 57 for M14 M1A form. 573 + 4 + 595. I did not create those. Those are the forms that were in existence in one of the school districts where I negotiated in the early sixties secondly cookie fun and other related collection programs. You would be surprised at the unfortunate amount of energy that we spent with a superintendent assistant superintendent who wants told me that the school system would collapse if it is literally true school system would collapse if they didn't have the cookie fun collection. The misuse of the purpose of a lesson plan the misuse of the purpose of the lesson plan. These are some of the specifics to there were other developments occurring outside of the public education, which contributed to the rise of bargaining. For example, John F Kennedy 1962 past executive order 10988, which gave federal employees the right to bargain Kennedy's actions signified an important change in the attitude toward negotiation in the public sector another very important impetus for reform came from the civil rights movement during the mid-1960s black and other minorities active and civil rights began to focus on the inferior quality of education programs being provided to Black and minority youth to the movement for community control of schools spearheaded by black and Puerto Rican parents in New York City is not my purpose to discuss Community Control. However, I think it should be emphasized that one of the reasons we are here in this room today, is that the roots of the The challenge to the traditional Labor Relations bilateral structure had its Beginnings in the demand for Community Control in New York City. During the same period others began to question the legitimacy of the public schools since there glaring failures were so readily visible and DD number of prominent white social science research has documented the failure of the school's the Coleman report being the most notable writers and former teachers such as Herbert Kohl Jonathan. Kozol John ho Teri Horton Preston Wilcox also added fuel to the Flames by offering insightful commentaries on the General Lee authoritarian practices, oppressive conditions and racist character of schooling in general in urban education in particular there was widespread discontent with public schooling and teachers found many allies and pushing for bargaining rights since the rhetoric of teacher organizations emphasized drastic improvement in the quality of Education being afforded. Are you Bargain, then was used by many including myself as a tool to accomplish three broad objectives one a redistribution of the balance of power in school systems to significantly enhance the instructional program in 3 improve the general working conditions of teachers bargaining then held out many Untold promises. What were these promises? It was important that the economic well-being of teachers be uplifted a just wage was a legitimate demand attempting to practice democracy in the schools by terminating administrative Deputy despotism was nothing more than securing political Equity within the educational power structure teachers who are themselves restricted from participating in crucial decision-making areas and education can hardly be expected to practice either Democratic or humanistic Concepts in their classroom teachers there for into the arena of Education of policy-making implied a sharing of power which meant the teachers might be able for the first time to participate as equals with the school administration indirectly the rise of bargaining provided a concrete opportunity. 3 define the role of the administrators. I don't think that's been ceased very well though rather than acting as dictators defending their Turf the New Concept of shared power might free them free the administration to be more creative leave them to assist the entire staff and setting educational climate and tone of the school as opposed to control and unilaterally determine that is there was a chance to create more humanistic relationships based on trust and respect for example, teachers and administrators could jointly work together and developing improve teacher administrative evaluation procedures and make a cooperating improving your overall instructional program for students reading program science social studies and so on and short no more and Pros programs from an administrative hierarchy and or higher power university Consultants. I know that went rather. Well these days by establishing a binding legal agreement that spelled out obligations and responsibilities. There was the hope that perhaps the party's the parties to the contract teachers administrators and the board might think harder about what they were doing and why It was a possibility for all to grow individually and collectively. and in the context of this new bilateral relationship process would lead to more honest Communications and relationships among all concern collective bargaining then offered the promise of not only advancing the rights of teachers, but also a providing A new vehicle that would dramatically improve school life for everyone including instructional services for students. Perhaps the most significant long-range promise had to do with the overriding issue of school governments, as one writer has said and I quote the greatest contribution of collective bargaining to American education is that it is forcing everyone concerned with public education to reconsider who should control American schools to reconsider who should control American schools. Has bargaining however forced us to seriously consider this question of control of our schools this question. I think can best be a pro here by focusing on a scope of bargaining the range of matters subject to negotiations. Clearly teacher organizations have been successful in expanding the number of subjects to be negotiated commonly referred to as the scope as I've indicated nationally research evidence reveals a continued expansion of skull, even though power here in Minnesota appears to limit the negotiate negotiating items. I would predict an eventual broader scope. I think April 1977 League newsletter is correct in concluding and I quote what is negotiable is whatever issues both sides are willing to bargain about end of quote. Issues such as class science curriculum teacher evaluation discipline with your all policies related. Withdrawal policy related matters are now common items included in teacher contracts across the country. For instance. I note in the Minneapolis contract calls for a joint Union board committee to make recommendations in the creek elem and aimed at eliminating sexism and racism the board also. Meet must meet and confer with mft when changes of policies affecting teachers are being considered and then another school district a smaller District near here. I keep forgetting how to pray at night on a. Dyna Edina the agreement their calls for the establishment of joint of a joint policy committee to comply with the spirit and intent and intent of power up. Inclusion of provisions of this kind has served to alter the balance of power in Public Schools teacher organizations to the bilateral process of gain access to educational decision-making. They are becoming a part of the governance structure and I applaud that step. But does bargaining serve to undermine citizen efforts to participate in educational decision-making the Pick-4 because all of what I have said previously is limited to two parties the employer and the employee contribute to the creation of a new democratic form of school governance expanding the base of participation. Does it fulfill the promises and raise the hopes of those outside the negotiating process? On this note, it should be clearly understood that all state statutes governing bargain stipulate that negotiations occurred exclusively between the employer and the exclusive representative agent of the employees this limits the bargaining participants. Bargain participants who are increasingly as I've indicated deciding educational policy matters in the secret society of bargaining. It's also indicated. The scope of bargaining is broadening. And what happens in school impact on school government. I also have indicated I support this expansion cuz I believe teacher should be an essential part of the decision-making process. on the other hand parents and other citizens often have an equal interest in the discipline procedure the evaluation process the class size the curriculum. Does the Syrian issue is not what subjects are negotiated not what subjects are negotiated but rather who influences and who decides the bargain about items who participates clearly the exclusionary character of the bargaining structure preclude any form of meaningful involvement on the part of the community echoing the new spirit of the Carter Administration calling for more open and responsible government. I proposed that we tamper with this time-tested labor Institution. I say this after much searching. R I spent many of my most rewarding Exciting experiences and years. in the bargaining structure in an arena R. I hope that I grew and develop but I think it must be we thought it took me a long time to reach that conclusion. A number of reasons are given for excluding the community which are indicated in the March 76 newsletter of the league, but I'll just reiterate them here for those who haven't had the opportunity to read it. Some of those reasons are the stress on stability and efficiency the careful nurturing of an elite X expertise. The notion that sensitive issues or is a recent memo. I receive said semi confidential issues are discuss the process is to complex. For Lay people to understand inclusion of third parties would complicate And Delay matters and the assertion that the community is already represented by the elected Board of Education and assertion, which I do not agree with and which maybe we can talk about discussion. Let me just mention one antidote with regard to expertise in 1965 as I indicated. I left the classroom classroom teacher in 1965 in September. I left in June. I showed up at a bargaining table and was anointed. I was an expert I had absolutely no skills. No town except that. I knew something about the educational process as a teacher I suggest is too because now all of a sudden we need experts and if that it's just in the people, of course, they need experts are they Union negotiators and board negotiators and those in the process. In any case as result of this exclusion Community people really know that the negotiations are taking place and few are aware of the substance of the bargaining demands in some communities is even difficult for people outside the bargaining parties to obtain copies of the existing contract. I'm happy to say that I obviously isn't the case of Minnesota since I received three copies in the mail, California in some communities. Aside from not being able to get contracts. What happens is that it's only during a crisis either on the brink of a strike or actual strike cock crisis in which citizens are let in on the negotiations and even hear each party generally provides pertinent information to the public based on a tactical consideration a winning support for its position. But there are some I can think of very bright spots existing in this overcast picture. Several Trends indicate the exclusionary character of The Bargain structure in public education is being challenged. Certainly the theme of this state conference is evidence of this fact to there are several reasonable and feasible alternatives to the existing structure time for Hibbetts detailed account of all the developments in Alternatives. I hope that the discussion or the rest of the day that I can both describe things are happening nationally more detail in particular some of the exciting things that we're doing in California with the aiyaary, but first, let me go to six proposals for Alternatives that I would suggest for those of you that have either read some of my work or seen us and League. I apologize for that but I don't think it hurts anyone to hear things repeated Cincinnati's changes that occurred yet. 1 It seems that the citizens can pressure the union and the Borg to become more socially responsible and let me say for the nisei union and Association. I tend to use the term simultaneously because I don't really think there's much difference between those two organizations today. Although the two members of the panel May disagree with that from the mft and mea for example in creating this more socially responsible Union in Borden Association both the board and the teachers can conduct public hearings when preparing contract demands the bargain parties could solicit the views of the city and they could inform the public exactly. What is being negotiated citizen hearing could be held on the final agreement before it is ratified before it is ratified. And disregard California's new law has a unique Public Access provision contained in the rod of act requiring the union and the board to make its proposals available at a public meeting and further the law stipulates that the public has the quote the public have the opportunity to express itself regarding the proposal at a meeting of the school employer as an extension of this latter approach of the start of a sunshine approach. I would suggest open public negotiations could be agreed upon by both sides or could be legally mandated know. I understand that you have a form of open public negotiations in Minnesota. They also understand that it is rather questionable. Whether indeed that it is working and practiced since at the board members are present in negotiations can be conducted in secret between the teacher side and the board side if the only the attorney for the board or the Personnel director is present. Sir, barking on certain issues could be done at a regional cluster and our local building level the Minneapolis staff development time provision for instance stipulate that that I quote Corning from their agreement teachers and administrators of individual building and units shall jointly plan and participate in a minimum of seven of the early release days for students per school year end of that provision. Expanding on this concept there might be a master agreement covering all teachers while additional items might be worked out at a local level I of course would make one major modification. I would not limit the participants to the professionals instead parent-teacher-student and administrators might work together on certain issues such as Creek MN evaluation that is bargaining at the centralized level could be used to establish a fair and Equitable decision making process even in a master agreement. If they don't want to move to this multi-level agreement a provision could be included calling for parents and Community representative to be members of certain contractual committees the Newark New Jersey local for example, didn't negotiate such a provision in their contract. Fourth and one of the most controversial suggestion is the creation of a multi-party structure the inclusion of parents and Community groups at the bargaining table with full negotiating status, right there is evidence of this approach only being tried in higher education at this time. I guess this is my fifth one. If efforts or fourth fourth is efforts fail at the local level concentration can focus on state legislation which could seek to alter the bargain structure to include some form of Citizen input as I indicated the California League did such a thing by including the sunshine provision in the riot act a new collective bargaining law. Simerly. Florida is amended Law requires open negotiations another approach. The Observer status has been tried in some communities under this approach a certain number of parent Community groups are elected and appointed to sit in. On the negotiations rules and regulations regarding the functions of the parties can be negotiated all the respective participants. Finally. I would propose the consideration of community mediation and arbitration. As you know, frequently is stalemate or impasse is reached in the negotiating process most State statutes provide for some form of empaths Machinery such as your own law, which includes mediation fact-finding more negotiation back to negotiations may be more mediation and so on an enchanting up an arbitration depending on your law such a procedure calls for the utilization of a professional arbitrator and our mediator. Well, I don't argue against this method of dispute resolution. I merely suggest that in certain circumstances parents Community leaders might well serve as mediators in school disputes. The option should be available. I would note to you that there is a bill in I think it's before the Wisconsin legislature now or at least was introduced and maybe it was defeated but it was based on community-based arbitration. Let me just give her a footnote and I'll try to invite 10:15 that I participated in a session in Washington DC in which essentially what happened is it we were about ready to engage in a very serious conflict with the school board and it was going on for some two weeks. Will it appear that strike me occur in this I tell this because it had a strong impact on me. We received the call about 6 at night to come over to a an office. It was an office with that was set up. Andre a Federal Grant and worked with what we call in DC Street dudes. He's or drop out kids really hardcore dropouts troublemakers and it was directed by a person who later became a city council person in Washington DC over our whole negotiating team. We are known to watch the board was also invited in separate room. This was a complete community at 8. We said we want to go home. We are tired. I mean we want to eat they sent out for dinner at 8:10 to see where are we need some coffee so we can like to go out for coffee and they said we'll set out for the coffee at 12. We said we want to go home and say you're not going home. Until you reach agreement and then at 6:30 the next morning we reached agreement, but the thing and I can't capture the Dynamics of that process at least speaking from the side. I represented in they raised questions with with us that we as professionals couldn't respond to in a sensible way. They raised serious questions, and they said you mean to tell us that that's the reason that you will and we see what we started getting some Viewpoint of community people. Some of it didn't make sense to us point is they had much to offer and there were three of them involved in there were others and eventually they they they they brought us to the table and we were able to reach an agreement know that was certainly under a crisis. But because of that experience, I found it to be creative. I found it to be constructive. I found that it indeed force me to re-examine some of the positions that I And I myself personally was holding at that time and quite frankly. They were not positions that we should have been taking on certain issues and both sides were able to reach a thanks to to the community and none of these people were paid professional experts by the way in the area of mediation. Or I'm chasing hadn't been to Cornell School of industrial relations at all nor held a master's degree from there. Let me say that none of these approaches are without flaws. No, are they necessarily new or visionary? And as you might guess altering the structure tends to be resisted by Union negotiators board negotiators Boards of Education Labor Relations expert scholars in the field arbitrators and mediators and Labor Relations agencies and short resistance to alteration is very formidable. Doesn't mean there aren't exceptions to this it just in my research in the two previous studies. That's the general conclusion that I would reach. In addition to the previous reason cited for excluding parents from buying process parents and citizens are also commonly told that previous case decisions and the law prevent any real change in the bilateral structure. There is some truth to these arguments nonetheless. It should also be remembered that the law and many instances is silent on the issue. It does not authorized nor does it necessarily preclude Community Access a recent Supreme Court decision regarding the right of a non-union is to speak on a Union contract proposal May lend support to those of us who are interested anymore Sunshine approach in public sector bargain as you may recall the US Supreme Court reversed a Wisconsin Supreme Court decision holding that an abridgment of speech was justified to achieve orderly labor-management relations. That's what it's used in based on his past. Is that decision Verse that we may have a new possibility in the future to increase Community participation. The case by Case Case approach as developed by the National Labor Relations Board is the rule of thumb in school Labor Relations as well decisions are not absolute each case is treated differently. I suggest to you in Minnesota that it is worth pursuing a test case. Don't be discouraged by lawyer who are on the other side each case, whether the two parties whether the two parties the employer and the exclusive bargaining agent are committed to include some form of citizen access if they are Community Access can be achieved. Can the parties who are now in the parking structure begin to reconsider whether the restrictive bilateral model is indeed the only reasonable and feasible model to resolve legitimate School conflicts. We should not be blinded by past traditions and experiences nevertheless. It must be emphasized that neither teachers nor unions know the concept of Barney per se are the enemies attacking teacher organizations or attempt to severely restrict their activities is not a solution to the problem posed by bargaining. I would sharply agree disagree for instance with an article Miss September 75 American School Board Journal which suggest suggest a teacher organizations are or will soon control public education and Analysis is extremely simplistic further ignores research findings, and it does not constructively point to a Cooperative solution. Cooperation is required for I don't mean to suggest that there are any Simple Solutions to the problems posed bargain does have its complexities bargain is not done in a vacuum or external political social and economic forces that definitely influenced the teacher in negotiating process and closing. Though I would like to urge the distinguished panel to follow educational leaders in the audience and League members to fully explore ways to gently open up. The bargain structure is my form instructor Joseph Featherstone at Harvard has perceptively observe that quote that shape the union movement takes May influence the possibilities of coalitions and Bargains between the counterpoise groups of service professionals and consumers of service whether teachers will be able to respond creatively to the needs prompting citizens and parent movements and weather lady movements can come to understand the problems and legitimate concerns of the professional is of course an open question and of quote a reform bargain structure or even a radical departure is but one small place. We're on the local level. We can begin to develop new social responsibilities toward each other and then Process begin to ask what kind of educational system and Country do we want? I hope teachers and doubt and those now holding Sway in the teacher bargaining process will respond creatively to parent and student needs and parents will come to understand the needs of professionals only together. Can we build schools where parents and teachers make a difference a difference that will benefit the clients are students after all. The overriding purpose is not simply to open up bargaining. It is to bring about the practice of Freedom. Where are young deal critically and creatively with reality and discover how to participate in a transformation of their world. Thank you.