Cairo Association of Teachers - Newsletter

CAT Tracks for December 31, 2006 A SHADOW LOOMS OVER 2007

In the December 28th edition of CAT Tracks, I indicated that I was ready to express some righteous indignation concerning Agenda Item #III-3 for the upcoming special planning meeting of the Cairo Financial Oversight Panel (FOP) to be held on January 2, 2007. That item caught my attention because of what has transpired following a special meeting of the Cairo Board of Education to discuss litigation, which was reported in the December 11th edition of CAT Tracks.

Okay...I tried to be the "eternal optimist"...use the "glass is half full" approach...and ended up with the glass being emptied in my face.

Actually, I'm personalizing this too much...since it affects other employees of the District much more than I. But...having suffered through the Julie Newell case – a suspension/firing that dragged on for over two years – these current events tend to hit close to home. Also, since it was (falsely) suggested by the District at the hearing that Julie Newell and I financed the Lorenzo Nelson case...it does have some personal interest.

During the 2005-06 school year, I intentionally kept a low profile during Lorenzo’s employment difficulties...sometimes with great feelings of guilt...trying not to interject what some might consider "personal baggage" into the mix. Many a time, I wanted to publicize the abuses he suffered in the pages of CAT Tracks. However, enough animosity was already being directed directed toward Lorenzo and I did not want to add fuel to the fire. I did offer whatever "jail-house lawyer" advice I could and personally attended a couple of grievance/mediation sessions hoping to appeal to reason and logic. My attendance at those sessions was also as an unofficial IEA representative for the grievant since Lorenzo was a dues-paying IEA-NEA member. (The IEA cited "conflicting interests"...stating that Lorenzo had to be represented by his "other union"...773. Unfortunately, Lorenzo had already filed an unfair labor practice charge against 773 for aiding and abetting the District.)

So, Lorenzo reached into his own pocket, and with the full support of his family and friends, hired an attorney and fought the battle himself...for over a year! Folks...Julie and I have "been there, done that"...and it is NOT easy. The financial and emotional drain is at times overwhelming! It takes a very special person to do what Lorenzo did. Julie and I are so very proud of him!

Lorenzo went to Springfield - to the Illinois Education Labor Relations Board (IELRB) - and won his case...on ALL points! Again, Lorenzo filed this case on his own and was represented by an attorney who had never before argued a case at the IELRB…and won. That's how strong the case was!

So...the plaintiff lived happily ever after...right?

You would think so. However, as many of you already know, that was not to be. One week after the decision was reviewed by the Cairo Board of Education at a special meeting with its two attorneys...Lorenzo Nelson was informed that he was being demoted from his maintenance position to a position as night custodian at Emerson Elementary – a move than can only be viewed as punitive and demeaning!

The District is reportedly going to appeal the decision of the IELRB...the same IELRB that ruled strongly in support of ALL of Lorenzo's claims.

To show you how frivolous and hopeless the District’s actions are…Lorenzo accused the District of taking retaliatory action against him for his union activities. The decision rendered by the IELRB walks the reader through the points that have to be proved by the plaintiff to gain a favorable decision. One of those points is the "timeliness" of the District's alleged retaliatory actions against the plaintiff in performance his protected activities. In finding in favor of the plaintiff, IELRB said that even though a couple of months separated the action/retaliation, the connection was clear.

Okay...the District does not accept that ruling...plans to appeal. And...in the meantime...exiles the plaintiff from his daytime maintenance position to a nighttime custodial job...ONE WEEK after reviewing the decision! Do YOU see the "timeliness" of this action? The IELRB will...again!

The District has already spent countless thousands of dollars in "removing" Lorenzo from his position as Maintenance Head/Supervisor. Oh...the dollars ARE countable if you know where to look. One of the things that organizations do when they are spending money on questionable ventures is to "spread it around"...charge it off to various accounts under various headings. It's not illegal...if it's done right. It just hides the TOTAL amount from eyes that might raise uncomfortable questions.

Same thing happened with the suspension/firing of Julie Newell. The "financially troubled" District wasted supposedly scarce resources in unfounded actions against a longtime employee with nothing but excellent evaluations. Fortunately, SOMEBODY finally "pulled the plug" on the Julie Newell case. Unfortunately, THAT action did NOT return the lost money to the District, BUT...at least, it stopped the bleeding. SOMEBODY realized that if the Julie Newell case went to court...as it was about to do...an almost certain verdict against the District would have had a devastating financial impact on an already financially unstable District. SOMEBODY stepped up and said..."Enough is enough!"

It is time for SOMEBODY to reappear...to make the wise decision...to make the RIGHT decision once again!

In Lorenzo's case...unlike the Julie Newell case...the decision has already been rendered. There is NO uncertainty! An impartial judge with the IELRB ruled that Lorenzo's charges had merit...ALL the charges. Continuing to fight this case with thousands and thousands and thousands of more dollars...that we supposedly do NOT have...is senseless. As I said in the previous article, it's just a matter of pouring good money after bad. (This is especially true since the District has another pending case that carries the likelihood of even greater financial impact to the District if/when it loses.)

There was a year when the District reduced its legal fees drastically from the usual $75,000 level. It was a year that saw the amicable negotiation of a new 3-year contract with the CAT, as well as contracts with the other unions. It was a year of good will between management and labor...that ushered in a new era of mutual cooperation to the benefit of all parties.

Unfortunately, a couple of ill-advised legal battles threaten to destroy all that...to resurrect the ill will that plagued this District for so many years.

SOMEBODY needs to "step up" and intervene...SOMEBODY with the ability or the authority or BOTH...to stop the backsliding...to the bad ol' days.

Just like the City of Cairo...fighting over what's left just insures that it, too, will disappear.