On May 20, 2005, James Gibson was handed an employment offer to be "Crisis Classroom Teacher", which he promptly signed. Three months later, District officials began a process of reneging on that offer...trying to get his services "on the cheap"...telling James that he had, in fact, been hired as a teacher aide.

Thus began a two-year legal battle supported by the CAT-IEA-NEA to assert Mr. Gibson's rights and secure him the recognition and compensation he deserved.

James Gibson went through pure hell during the 2005-06 school year, as District Officials denied his teaching status, subjecting him to various indignities which seemed designed to either make him quit, or failing that, to make him angry enough to say or do something for which he could be fired. (As indicated in an earlier CAT Tracks, James was threatened with insubordination and termination of employment because he called one school secretary instead of another to report a late arrival!)

To James' credit, he suffered the slights, turned the other cheek, and continued to perform his duties in a professional manner...which came as no surprise to his colleagues.

The District chose to sever its (contested) employment relationship with James Gibson at the end of the 2005-06 school year by eliminating the Crisis Classroom at Cairo Junior/Senior High School...but the legal battle waged on.

Let him go and move on? You would think so, but that was NOT to be the case.

After serving as a substitute teacher for Cairo School District Number One for years - and despite constant complaints about the inability to secure the services of substitute teachers - the District stopped calling James Gibson. Other area school districts no longer seemed interested in using the services of James Gibson. When a district on the Missouri/Arkansas border became impressed with the temporary performance of James Gibson, they approached him about permanent employment...telling him that they were going to hire him. Despite impressive letters of recommendation from various individuals, the offer "disappeared" when school officials checked with Cairo officials. Talk about vindictiveness...

When I found out at the beginning of this school year that I was going to have to miss the entire month of September for personal reasons, I recommended James Gibson to be my substitute...knowing the outstanding job that he had done at CJSHS for over two-and-a-half years. (In fact, I had recommended James for the "Alternative Classroom" position for the 2006-07 school year...a position created after the District abolished the "Crisis Classroom" at the end of the 2005-06 school year. Change the name to protect the guilty? I digress...) So...did the District use James Gibson to cover my absence? No! Apparently, James Gibson is on the "no call" list, even though he has registered with the Regional Office to substitute. Talk about vindictiveness...

How long can such injustice continue?

William Gladstone, a 19th Century British politician, is often quoted: "Justice delayed is justice denied." This was a constant refrain during the American Civil Rights Movement. The case of James Gibson fits this mold...all he asked for was the recognition and implementation of a contract offer voluntarily made to him by Cairo School District Number One in May 2005. Yet in September 2007, James Gibson was without a permanent job and not even allowed temporary work. Is there no justice?

Well...actually...beginning on Wednesday of this past week, justice long denied is beginning to be realized. The Association received word that James Gibson had won his arbitration case against the Cairo School District...an arbitration case long delayed but finally held on June 13, 2007. The arbitrator ruled that James Gibson was indeed a teacher for the 2005-06 school year and that the District accordingly has to pay him as such...NOT as a teacher aide.

Congratulations, James Gibson!

As I indicated above, James Gibson has gone through hell on earth for the past two years...not willing to give up his fight for what was right, despite tremendous emotional and financial pressure. James' efforts advance the cause of all of us; hopefully, decreasing the likelihood of such unjust treatment in the future. Unfortunately, the only effective deterrant to such treatment is a financial penalty on the wrong-doer.

I said "hopefully"...

The District has spent a "ton" of money - educational dollars - to deny James Gibson his due. How much more will be squandered?

Because...the battle is not over. As indicated above, it is James Gibson's belief...supported by substantial "circumstancial evidence"...that the District has continued to take active steps to deny him employment and income since his dismissal at the end of the 2005-06 school year. This charge makes Cairo School District Number One liable for his lost wages and benefits for the 2006-07 school year and the 2007-08 school year...and beyond!

Will the District now take proactive steps to resolve these outstanding issues...and "stop the bleeding"? Or will the District continue to "do battle" and pay lawyers thousands and thousands of dollars to NOT pay James Gibson what is rightfully his? (The arbitrator seemed inclined to give James his salary for the 2006-07 school year, but indicated that it was not within his authority. The arbitrator stated that to do so would amount to the awarding of "damages"...something that is beyond the scope of the rules of arbitration.)

One could hope for reason...that someone would step forward and pull the plug on this "money pit". However, Lorenzo Nelson found out that a ruling in your favor by the Illinois Educational Labor Relations Board does NOT necessarily end your travails. Lorenzo had to follow up his apparent victory by seeking - and gaining - an injunction from the Alexander County Circuit Court to enforce that finding. And...it's still not over!

Fortunately for James Gibson, even though he was not recognized by the District as a teacher, the Illinois Education Association recognized merit in his case and represented him throughout this past two years...at no charge to him. (Lorenzo Nelso had to hire an attorney out of his own pocket!) Legal representation is one of the benefits that comes with your union membership! So the next time that you notice the union dues deduction from your paycheck, consider it in the same manner that you consider auto insurance, household insurance, etc. You hope to never use it! But...if you are one of the "unlucky ones"...it will pay for itself many, many times over.

So...a big "THANK YOU" to the IEA legal services department for an outstanding effort!

As in strikes, legal cases take on a life of their own. Positions are taken, substantial resources are invested, and "giving in" is seen as a "loss of face". I've felt for the past year that this has been the driving force in the continuation of this legal battle on the District's part. In such situations, a defining moment must occur to break the deadlock. If the District was "looking for a sign"...the first domino fell in favor of James Gibson last week. Does the District really think that it can stop the chain reaction?

The District officials and attorneys that created this mess have since left the District...unfortunately, with no penalties and richer for it.

New people are in place. Hopefully, they will decide on behalf of the District to "cut their losses", to sit down with James Gibson and his representatives and resolve the outstanding differences.