Message to Staff

Dear Staff:

The last month has been a challenging one for our organization as our school community engaged in an emotional and spirited debate on the subject of unionization.

Regardless of your position in this important conversation, it is imperative we recognize the range of feelings that exist in our faculty as a result of this week’s vote. The hallmark of any healthy democratic institution is its ability to return to the collective mission at the conclusion of passionate debate. An enduring characteristic of our organization has always been the ability to embrace opposing views in the pursuit of constant innovation and improvement. This is an organizational trait that we should take time to celebrate and nurture. At this juncture, it is important to remember that ECS represents a group of dedicated people in service of our students and families united behind a common mission.

As we return in the new year, we will all turn our collective energies to doing what ECS does well: working shoulder to shoulder in the joyful service of our students and families. I look forward to working with you all as we welcome the many exciting changes on the horizon for ECS in 2019.

Thank you all for your commitment and dedication to our families. I hope everyone has an opportunity to enjoy the winter break.  

Happy Holidays,

Jon

What was sent to the bargaining unit today?

Dear Staff:

As you know, the National Labor Relations Board will conduct a secret ballot election this Wednesday, December 19, from 4:15 to 5:30 p.m. in the Café at the Upper School. It is important that everyone vote. Please make sure your voice is heard on this important issue. The voting process only takes a few minutes, so please make arrangements to vote on Wednesday during those times.

When you vote on Wednesday, you will enter the Café and provide your name to an agent from the National Labor Relations Board. Both the union and the school will have eligible voters present acting as observers to confirm your identity. The Board Agent will then provide you with a ballot. The question on the ballot will be “Do you wish to be represented for purposes of collective bargaining by the American Federation of Teachers – Pennsylvania (AFT PA), AFL-CIO”? The choices on the ballot will be “Yes” or “No”.

You should put no other mark on the ballot except your decision. It is a secret ballot election and any other marks on the ballot could cause your vote not to be counted. No one from the union or the school will be present around the voting area. You should feel free to make your own choice, free from any intimidation.

At the conclusion of the voting time, the NLRB will count the ballots with assistance from the observers. To represent the bargaining unit, the AFT must receive a majority of the votes actually cast on Wednesday.

ECS and the organizing teachers have provided you information to assist you in making this important decision. Please check https://ecsunion.wordpress.com and ecsft.org for updated information that has been posted this week.

Finally, I know that this has been a difficult process. It has also been an eye-opening one for myself and the Board. We have learned a great deal, but we couldn’t be more proud of this school and our community. Regardless of the outcome, I’m confident that we can achieve great things working together towards our mission.

Jon McCann

Are ECS finances available to the public?

Yes. ECS budgets are made public each year and available for public review at both schools and the home office. The school finances and fiscal operations are audited annually and certified by Maher Duessel (a substantial auditing firm who also audits the Pittsburgh Public Schools).

As a 501c3 we are also required to submit to the federal government annually in the form of a 990.  The annual audit is presented to the board along with an annual management letter detailing any accounting irregularities or problematic practices. 

At every public board meeting, the board is presented, as part of our consent agenda, monthly financial documents from the Finance Committee that includes but is not limited to, a Budget vs Actual document, the Balance Sheet, an Income Statement, Checks over $500 and a Cashflow document that outlines 2016-2019 with the future based on proforma projections.  All of these documents are available to the public. 

We do not discuss finances in Executive Session unless it has to do with a real estate deal. Executive Session at the board is reserved for real estate and personnel issues. 

Why did ECS hire legal counsel to assist with the NLRB process? Why did ECS change representation after the petition was filed?

After the board meeting on November 14th when the organizing teachers asked us to sign a legally binding document, we sought counsel from a law firm we use on a regular basis whose expertise is charter schools. We hired counsel because no one in the administration or the board has ever been through this process. It would be irresponsible to expect our school to enter into any legally binding document without representation and advice from an expert.

We have heard some say that we switched to a “union busting” lawyer after the petition was filed.  This is not true.  We sought counsel with expertise in the National Labor Relations Board process because we were not comfortable with the adversarial tinged advice we were receiving from our first counsel. We have never made a secret of this and identified our counsel when asked.  It is also a matter of public record.  

Moreover, after the petition was filed we heard from many teachers and staff that they did not support the union or wanted further information from us. It is not “anti-union” or “anti-teacher” to provide information so that everyone can make a fully informed decision.  Not once has anyone argued with any of the points that have been made on the website, in meetings or in the emails.  No one has been able to point out anything that was inaccurate. The only response is that it is “anti-union” or “union busting”. There are legal restrictions on how we, as an employer, can communicate with voters regarding their decision to vote.  A review of this website reveals that we were transparent and factual and answered questions that staff asked us to. We did this to support all staff as they consider this important vote.

What does the ballot look like? Who is eligible to vote?

As is legally required,  ECS provided to the National Labor Relations Board and to the American Federation of Teachers union the following information regarding all Teachers, Academic Coaches, Education Assistants, Counselors, Psychologists, Nurses, and Social Workers:

• Full names;
• home addresses;
• personal email addresses;
• personal home and cellular telephone numbers.

Normally, ECS would not voluntarily provide employees’ personal information to a third party, but we were legally required to provide it to Chris George of the AFT and the National Labor Relations Board.  ECS was obligated to provide this information. 

 For obvious reasons, we do not want to share the personal information of eligible voters broadly.  Staff were informed that if they had questions regarding eligibility, to let us know.

Attached is the Notice of Election, including a sample ballot.

What documents have been filed?

Below is a record of emails and documents relating to the petition filing. To see the actual documents please click on the icons at the bottom of the email in the links below. 

On November 30, 2018, ECS received the following email and document from Chris George, PFT Organizer.

Environmental Charter School Mail – Required notice and three documents

On December 3, 2018, ECS received the following email and documents from
Nancy Moratis, Compliance Assistant, National Labor Relations Board.

Environmental Charter School Mail – DCK.06-RC-231989.Letter to Employer in RC or RD case (1).docx

On December 10, 2018 ECS received the following email and documents from Tara Yoest, Assistant to the Regional Director, National Labor Relations Board, Region Six. 

Environmental Charter School Mail – The Environmental Charter School at Frick…an Imagine School; 06-RC-231989

On December 12, 2018 ECS submitted the final Voter List to the NLRB and Chris George, PFT Organizer. We will not be publishing that document since it contains personal information of those in the bargaining unit but below is the email.

Environmental Charter School Mail – Fwd_ FW_ FW_ 06-RC-231989-Voter List

Grade Rep Notes

The board was present at the Grade Level Reps meeting on December 5th. The notes contain a lot of good information.

Does the AFT support charter schools?

Historically, unions like the AFT and PFT have not been charter friendly.  Even as recent as the last 12 months, Nina Esposito-Visgitis and Chris George have shared anti-charter views with the community.  

Though the vocabulary is confusing, the AFT and PFT refer to all charter schools as “private corporations,” even if schools are independent, non-profit organizations, without affiliation with a charter management organization.  

Pittsburgh Teachers Union and Advocates Rally Against Federal Education Cuts, September 21, 2017. WESA 90.5

PFT Local 400 – Teacher’s Unions Fight Privatization, January 16, 2018. The Union Edge. Nina Esposito-Visgitis, president of the Pittsburgh Federation of Teachers local 400 and organizer Chris George discuss the problems associated with privatizing public schools.  Chris George worked with Great Schools to secure a national grant to work locally for creating opposition to Pittsburgh charter schools.  
*edited to add: This link has since been redirected by someone to tueprinting.com

“[Charter Schools] are eating the lunch of public schools..they are stealing money from our public schools..” Nina Esposito

Analysis: Why the American Federation of Teachers is Uniquely Vulnerable to the Supreme Court’s Janus Verdict on Mandatory Union Fees, July 25, 2018. The74million.org

“The composition of AFT’s membership is an important factor for the union’s future because reduced resources will force the union to prioritize its recruitment and retention efforts.”

Teachers Union Document Reveals Master Plan for Unionizing Charter School Networks. August 15, 2017. The74million.org

What rights does the school have under a labor contract?

How does the management of school change in a unionized school?

Often, in labor contracts employers expressly reserve their right to run their operations, and this reservation of rights is embodied in what is called a “management rights” clause.  It is impossible to predict what a management rights clause would contain between the School and the AFT. But typically a management rights clause would provide the school with the right to unilaterally make decisions regarding what is taught, how it is taught and who does the teaching.  Also, typically any decisions that involve academic judgment would be set aside for management. Ask the AFT to show provide example management rights clauses from other private schools where they represent the staff.

What are union dues? Do I have to pay?

There have been many questions about union dues.  Here is a source of information on dues that PFT is charging: https://join.aft.org/?state=PA. 

Because the ECS unionizing petition was filed as a “private corporation” (New York and Pennsylvania charter schools are not considered public schools for the purposes of organizing, according to the National Labor Relations Board) as it was an organization founded by individuals, not the state,  the Janus ruling does not apply.  All members of the collective bargaining unit pay dues to the union, in this case, the AFT.