Of course, the "powers that be/were" see/saw such absence as malingering and are/were determined to PROVE their suspicions.

(Classic example...Julie Newell, 33-year employee, spends Christmas vacation in the hospital. The District's response...send a "get well" card? Oh, but no! Instead, accuse her of abandoning her job, suspend and fire her, and spend THOUSANDS OF DOLLARS on the aforementioned lawyers...before allowing her return.)

Superintendent Whitledge (in a letter obviously drafted by the District's attorney) demanded that Lorenzo Nelson furnish a "sick slip" any time he missed work - even for one day! Can't do that, you say? You're right! Under the Illinois School Code, demanding a "sick slip" can only be done after an absence of three consecutive days. (Oh, a District CAN demand a sick slip on a more frequent basis, but if they do...THEY have to pick up the tab!)

The "powers that be/were" didn't like that rule...decided to "creatively interpret" that rule. Since Lorenzo had missed more than three days TOTAL during the school year, he was ordered to provide a sick slip for each and every day in the future that he was absent...at his expense!

Lorenzo Nelson had joined the Illinois Education Association as an "at large" member, feeling that the IEA would offer better legal expertise than Local 773. He paid dues to BOTH organizations. So, when confronted with the "sick slip" problem, he came to me for assistance...knowing that I had dealt with District "shtuff" for years.

My immediate response was disbelief..."ain't no way!" Well, what did I say above about the District's modus operandi..."That's our story and we're sticking with it!"...and they did. A couple of years later and many, many, many thousands of dollars wasted...the District now admits what was so obvious..."ain't no way!"

Speaking of the IEA...

As you know, Julie and I represented and have strongly supported the IEA over the years...Julie even serving on the IEA governing body...the Board of Directors. We wouldn't have it any other way. In Cairo, you would have to be crazy to go it alone! But...that does NOT mean that we always agree with what they do.

The Lorenzo Nelson case was one of those instances.

When Lorenzo began having his employment problems, Julie contacted the IEA for their legal support. After receiving initial encouragement, the enthusiasm waned. While Julie "fought it out" with the higher-ups, I stepped in and offered whatever expertise I could lend. In fact, I went to a mediation session in Marion. Local 773 and the District didn't like it...fought to exclude me, finally relenting when the mediator indicated the Mr. Nelson was entitled to a representative that he was comfortable with...since BOTH the District AND Local 773 had lawyers present to confront Mr. Nelson!

To make a long story short...(in the opinion of Julie and Ron Newell) the IEA failed miserably in its duty to a dues-paying member, Lorenzo Nelson. The IEA backed out entirely...asserting that Lorenzo Nelson did not have a legal case. The IEA asserted that Lorenzo stood no chance of winning any of the several issues that he was pressing. Oh, there was one issue that MIGHT have some minor merit, but winning that point would bring no relief to Mr. Nelson's employment problems.

Guess that just goes to prove that nobody's perfect!

As indicated in an earlier edition of CAT Tracks, Lorenzo went out and obtained a lawyer who had never argued a case at the Illinois Educational Labor Relations Board (IELRB), paid for the lawyer out of his own pocket, and beat the socks off the District's high-powered attorney. The IELRB judge ruled in Lorenzo's favor...ON EVERY POINT, not just the "one" that the IEA said might have some minor merit.

Of course, the District would not accept "NO" for an answer...appealing the case, to no avail. Even then, the District would not abide by the decision, forcing Lorenzo to go to the Circuit Court in Cairo...which ordered the District to comply.

Did I mention something about "stress"?!

So, folks...don't let this "notice" go unnoticed! It takes people like Lorenzo Nelson - standing up to overwhelming odds WITHOUT the support on one union to which he paid dues and with the active opposition of the other union to which he paid dues - to make employment life better for the rest of us!

Hopefully, the District will learn from its mistakes! Yes, they CAN do whatever they want to do - in the short run, but in the long run...justice WILL be served. Right, indeed, makes might!

So, I would like to offer my personal and public "THANK YOU" to Lorenzo Nelson. I know the stress that you have endured, the health problems that you have suffered. I walked in those shoes with Julie when she was fired. (At least Julie had IEA support...and an IEA-paid attorney.) With the "powers that were", your problems would be far from over, as they sought retribution and revenge. Hopefully, with the "powers that be", you can return to work and focus on...work, rather than waiting for the other shoe to drop.

Have to say that there is one thing that disappoints me about the notice above...that it had to be signed by current Superintendent Bill Rogers. He should NOT have to take "credit" for the misdeeds of others. Oh, well, such is life!

Did I say "Hopefully, the District will learn from its mistakes"?

Unfortunately, I can't be overly optimistic.

Received a reality check this past week when I was informed that the District is trying desperately to get yet another postponement of the James Gibson IELRB hearing. It was scheduled for January 30th (after being rescheduled from November 2007). Also, the District is dragging its heels in providing requested documentation. It's the same old, same old...

And, keep in mind, that the District already lost "Round 1"...an arbitrator ruled that James Gibson, indeed, was a teacher for the 2005-2006 school year. (Incidentally, the IEA went a long way toward redeeming itself in the matter of James Gibson. The IEA was supportive from day one and has provided outstanding legal support...all without cost to James Gibson!)

Silly James Gibson! Why would James ever think that he was a teacher? I mean just because the Superintendent told him that he was going to be hired as a TEACHER...just because James signed a contract stating in writing that he was going to be a TEACHER...just because nobody said otherwise for 3 months...just because he was introduced as the new Crisis Classroom TEACHER at a workshop the week before school started...just because the initial payroll run in September stated that he was a TEACHER and that TRS would be deducted from his paycheck. What the hell could James Gibson be thinking! Silly fellow..."You are a TEACHER's aide!"

Did I say something about THOUSANDS OF DOLLARS?

If someone on the District's side doesn't pull the plug on this misadventure by the "powers that were", this case may end up costing the District HUNDREDS OF THOUSANDS OF DOLLARS!!!

Yes, there are some positive signs in the District...that things might indeed get better. The "powers that be" have been receptive to employee input...UNION input! The "powers that be" have sought out employee input...UNION input. BUT...we will NOT be able to truly move forward into a new era until the District buries the misdeeds of past. Only then can employees focus on the future instead of looking over their shoulders.