Ohio Charter Teachers Fired for Organizing Will Be Reinstated

Originally published in The American Prospect’s Tapped blog on July 24, 2015.

Teachers at the Ohio-based I CAN charter network decided to organize a union during the 2013-2014 school year. Yet when the school year ended, the administration did not renew contracts for seven teachers leading the union drive—resulting in a cancellation of the scheduled union vote. While about 40 charter schools in Ohio are already unionized, those are mostly conversion schools, meaning teachers had already worked for the district before going to work for a school-district sponsored charter. These I CAN schools would have represented the first start-up charters to go union in the state.

After the firing, I CAN educators and the Ohio Federation of Teachers filed a federal complaint, which accused I CAN of making teachers feel like they were under surveillance and for pressuring employees to reveal the identities of union leaders. The complaint also alleged that I CAN increased staff salary and benefits just before the scheduled vote in order to dissuade teachers from joining a union.

One of the fired teachers, Kathryn Brown, told The Plain Dealer that she wants a union because teachers don’t feel valued. “The I CAN network believes that administration and a teaching template are all you need for education,” said Brown. “That’s the big flaw and why I got involved in unionization. A school is not just administration.”

This past October, the NLRB regional director sided with the teachers and accused I CAN of “interfering with, restraining and coercing employees.” The founders of the charter network, Marshall Emerson and Jason Stragand, denied the allegations, insisting that nobody was fired specifically for union organizing. (They pointed out that most involved in the union effort did have their contract renewed.) But Emerson and Stragand also made it clear they want to keep their schools union-free. “It would really cripple our principals and administrative staff. It could dramatically change the model. It could drastically change what we do,” said Emerson.

While the I CAN schools would have been the first Ohio start-up charters to organize, other charters in the Buckeye State have since moved ahead with their own successful campaigns. This past March teachers at the Columbus-based Franklinton Preparatory Academy voted to join a union. Since then three more charter schools in Youngstown have also voted to unionize.

As for I CAN, this week the NLRB finally reached a settlement with the charter network and imposed penalties for interference. I CAN will have to re-hire four of the fired teachers and give all seven teachers back pay. School officials will also have to post a statement in their school buildings that says they cannot interfere with union organizing efforts. However, the NLRB settlement did not include any finding of wrongdoing and I CAN only needs to pay $69,000 to be split among the seven teachers.

David Quolke, the president of the Cleveland Teachers Union told The Plain Dealer that he and other Ohio Federation of Teacher leaders feel vindicated by the NLRB settlement, calling it “one of the strongest we’ve seen in our years of helping to organize our fellow teachers at charter schools.”

I CAN teachers are reportedly planning to schedule a union vote this coming fall. They will join a growing number of charter teachers around the country who are also organizing their own union drives.

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