CAT Tracks for July 31, 2009
VACANCY NOTICE

On Thursday, most CAT members received a letter from President De De O'Shea.

We tried to get everyone - tenured and nontenured. Even if you are nontenured, you have a contractual right to receive vacancy notices. You do NOT have the right to request a voluntary transfer, but...HEY, you pay dues...you should be "in the loop".

The only "master list of employees" that CAT had access to was from the 2007-08 School Year, so we expect some "unhappy returns" from addresses that haven't been in operation for a while. Also, the "new hires" - for the past two years - weren't on the list.

All I can say...we tried!


Why is CAT sending out vacancy notices?

As usual, you ask good questions.

Also, as usual, I am here to provide you with the answers...typical catty comments intended to heighten emotion.

Where to begin...

Actually...since there are a few of you who will not receive the letter from CAT, let's begin there:



Also, since CAT Tracks has a readership that includes non-CATs, below is the CSD #1 Vacancy Notice that went out to employees with their June 30 paychecks:



Now, for the rest of the story...

CAT became aware two weeks ago that the administration was NOT going to advertise the new position, but instead was going to simply "shuffle" teachers...a direct violation of the Contract. President O'Shea raised objection with the Emerson Elementary Principal, receiving assurance that the transfers would be canceled.


CAT Tracks Editor's Note: On August 3rd, Principal Houston contacted President O'Shea...insisting that she did NOT say the transfers "would" be canceled, but rather that they "could".

Actually, the August 3rd conversation between the parties involved whether Principal Houston would/could use a rotating teacher aide for the two 2nd Grade classes and leave Kindergarten alone...instead of her earlier plan of adding a new 2nd Grade class, reducing the number of Kindergarten classes from three to two, and using a rotating teacher aide for the two Kindergarten classes.) Since I was standing only a few feet away in a perfectly quiet hallway in the Central Office when the original conversation took place and heard - with my new enhanced ears - the same assurance as did President O'Shea, I suppose we shall simply have to agree to disagree.

In light of subsequent events, WHATEVER Principal Houston said has become moot. Despite being informed/warned that her actions would violate the Collective Bargaining Agreement, Principal Houston moved forward with the unadvertised improper transfers...prompting President O'Shea to take her objection to Superintendent Swopes.


However, a week later, CAT became aware that the moves were STILL going forward. CAT once again raised objection - President O'Shea requesting a meeting with Superintendent Swopes...in which she secured his commitment to advertise the position.

Unfortunately, the resultant advertisement for a "K-9 Teaching Position" is NOT in accordance with the intent of the Contract, nor is it in accordance with past practice. How can a member make an informed decision about choosing to transfer when the vacancy description covers ten different grade levels in three attendance centers?

CAT could (and probably should) have filed a grievance over this obvious succession of efforts by the District administration to avoid complying with the provisions of the Contract.

For three reasons, CAT instead - WITHOUT PRECEDENT - chose to sent out its own "enhanced" vacancy notice:

  • CAT already has two unfair labor practices (ULPs) filed against the District due to the Superintendent's arbitrary and capricious refusal to honor requests by CAT members to use Association Leave and Personal Leave during the 2008-09 School Year. (In May 2009, Superintendent Swopes pledged to continue this illegal action in the coming school year.) So...we are already on the road to a hearing before the Illinois Education Labor Relations Board in Springfield.

  • Filing a grievance, going through the motions that would predictably bring rejection at the "Step 2" hearing by the Superintendent, and then filing for arbitration - waiting weeks or months for the hearing - would render the immediate voluntary transfer opportunity moot. With only two weeks before the opening of the new school year, the administration would "shuffle teachers" at its pleasure and tell CAT "see you in court".

  • Following the distribution of the "bogus vacancy notice", CAT President O'Shea called the Central Office on Thursday morning in an effort to talk to the Superintendent...to try to get him to be specific about the vacancy. Lo and behold, Superintendent Swopes had skipped town. Yep..."out of the District" until Monday!

The BOE keeps telling CAT that it wants to avoid the filing of grievances. CAT has expressed its sentiment - REPEATEDLY - that it has no desire to file grievances. However, CAT has made it clear...we expect the BOE and its administrators to follow the negotiated language...to honor rights guaranteed to employees by the Contract.


For you "laypersons" - you folks out there that actually have a life and don't sit around waiting for the Superintendent's next shoe to drop...

The phrase "WITHOUT PRECEDENT" used above concerning CAT's mailing of an "enhanced vacancy notice" means that we did it THIS TIME to avoid filing a grievance...THIS TIME ONLY. If the Superintendent - when he returns to the District - chooses to "play games" again (after being informed that "K-9 Teaching Position" is NOT an adequate descriptor for a 2nd Grade teaching position...well, CAT WILL file a grievance.

Foretold is forewarned...


POSTSCRIPT:

Okay...can't resist it.

A perfect opportunity for my sense of humor and my catty comments...

Ready?

You know what I find MOST offensive about the Superintendent's vacancy listing?

The District has a contract for professional teaching services with CAT...C-A-T!

Talk about a blatant violation...advertising for K-9's!!!

DAWG!