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Volume 17, Issue 14

July 17, 2013
Save the Date for the Labor Day Working Families Picnic

The Sacramento Central Labor Council AFL-CIO will hold it traditional Labor Day event on September 2nd, 2013, from 3:30PM to 7:30PM at William Land Park in the Village Green. Please join SCTA and other local unions for a fun day in the park building common understanding and solidarity among all union members in the Sacramento Region. There will be food, drinks and entertainment free of charge for all union members and their families. Hope to see you there!

ESEA Reauthorization Bill, the Student Success Act (HR5)


This week the United States House of Representatives is likely to take up its version of an ESEA Reauthorization Bill, the Student Success Act (HR5). NEA opposed the bill in committee, and CTA shares concerns about several troubling aspects of the proposed legislation. HR5 would erode the role of the federal government in targeting resources to marginalized student populations as a means of ensuring equity for all students. The bill also erodes collective bargaining protections around teacher evaluation, and continues the reliance on high stakes testing that is undermining teaching and learning.

NEA is now working to stop amendments that would add private school vouchers to the bill, restore bargaining rights and reverse the focus on high stakes tests. Amendments will take place over the next few days but in its current form the bill is unacceptable.

Congress needs to hear from educators now!

Here’s what you can do:

Please contact your Member of Congress at 1-866-420-3592 and tell them:

· ESEA needs to adhere to its original purpose of ensuring equity for all students.

· It must recognize educators’ role in student success, which means stopping the push for high stakes testing and including the voice of teachers in their profession through collective bargaining.

· Lawmakers should oppose any effort to divert public education funding to private school vouchers.

We may be contacting you later in the week for additional action on specific amendments. This is a great opportunity for us to be heard and weigh in on legislation that will impact all of us and our students for years to come.

Federal Lawsuit Regarding School Closures


An evidentiary hearing is scheduled for July 11th at 9am at the Sacramento Federal Courthouse, 501 I street.  Civil rights attorney, Mark Merin, will be representing many members of our community.  If you are available and would like to show your support, please attend the hearing.   HIP (Hmong Innovating Politics,) who have been outstanding advocates and organizers for this action, are asking for teachers and community members to pack the hearing room as well as outside the building.


Surplus Placement


The surplus placement process is still on hold.  We have received no response from Superintendent Raymond on our suggestions on how to move forward fairly and correctly with the process.  We will keep you informed as we go forward.


                                                   Vol. 17, issue 13-June 12, 2013



Surplussing Postponed


The surplus placement process has been postponed for the near future.  With only a few (4 at last count at non-priority schools) open positions available, SCTA saw no point in proceeding with the process at this time.  One of the major factors in the limited number of positions being available at the surplus placement process is the Superintendents Priority Schools.  The Superintendents decision not to allow surplussing into positions at Priority Schools has caused a majority of the problems.  We have pointed out this contract violation to the District and are now forced to seek a remedy through a grievance and/or a possible unfair labor practice charge.


Our hope is that positions will become available within the near future from retirements and with teachers moving into other positions within the district.  All Surplus personnel must be placed before laid-off members are brought back.  This has frozen the entire process until more positions are found.  We will keep you updated as things progress.




Priority Schools Update


As we look at the effect of last weeks positive ruling on the Superintendents violation of the state education code in the rehiring of teachers at Priority Schools, we thought it would be a good time to bring everyone up to date on where we are with the Superintendents Priority Schools.  We have a total of two lawsuits filed against priority schools; one concerns the skipping of more senior members and the most recent one on rehires.  We have also been protecting the contract with several grievances that are currently in process.  The issues are as follows:




Skipping Lawsuit- One of the biggest issues SCTA has with the Superintendent’s Priority Schools is his assumption that the program is a specific course of study under the Education Code. This issue started when the Superintendent decided to issue layoff notices to more senior teachers and keep less senior teachers employed at his Priority Schools.  We filed suit for the members effected by this decision and in March of this year the Judge gave a partial victory to  our laid-off members when he ruled that the District ignored seniority-based job protections in the 2012 layoffs.   The Judge’s ruling says the District erred in categorically exempting all teachers at priority schools from following seniority in last year’s layoffs.  The Judge also said the District was permitted to make “high-need” exceptions to seniority-based layoffs on a case by case basis.  This ruling does allow Priority Schools to continue for now but they will not be allowed to use the same flawed criteria for skipping.  This ruling was especially helpful in this year’s layoffs as it tied down the District to specific training and work experience.  Prior to the ruling the Principals were using the “I know it when I see it” explanation for what qualified one members training and work experience over another’s.



Rehiring Lawsuit- This most recent litigation deals with the Superintendents illegal rehires at Priority Schools for the 2011/12 School Year.  The court agreed that the District cant apply subjective and changed criteria to post-layoff rehiring for its Priority Schools, and shouldnt have hired/rehired whoever the Priority School Principals decided they wanted, based on differing and arbitrary standards.  In this ruling (SCTA v. SCUSD) the judge found that the Superintendent abused the District’s discretion when he allowed the Priority School Principals to apply a categorical exemption for Priority School hiring/rehiring and deviated from seniority in filling at least 58 positions at Priority schools for the 2011/12 school year.


JUNE 7, 2013

SCTA Wins Court Case Against Superintendent’s Priority Schools

SCTA has been litigating a claim against the district for illegal rehires atPrioritySchoolsfor the 2011/12 School Year. The court agreed that the District can’t apply subjective and changed criteria to post-layoff rehiring for its Priority Schools, and shouldn’t have hired/rehired whoever the Priority School Principals decided they wanted, based on differing and arbitrary standards. In the ruling (SCTA v. SCUSD), Judge Sumner found that the District abused its discretion when it tried to apply a categorical exemption for Priority School hiring/rehiring and deviated from seniority in filling at least 58 positions at Priority schools for the 2011/12 school year. The District did not show that individual laid-off teachers with greater seniority were not competent or that they lacked special training and experience for the positions. The judge has remanded the case to the District for the next stage – figuring out which of the laid-off senior teachers suffered loss of rehire, benefits, etc. This is a BIG WIN for SCTA and our teachers in its battle against Superintendent Raymond’s anti-contract agenda. We will keep you informed as the case progresses.

Boxes Available

SCTA has a collection of about 50 cardboard boxes donated by fellow teacher, Anne Spies from Phoebe Hearst. They are available for teachers moving school sites on a first come first serve basis at the SCTA office.

Community Group Holds Press Conference

HIP (Hmong innovating Politics, and civil rights attorney Mark Merin, will be holding a press conference at the Sacramento Federal Courthouse, 501 I street before they submit their lawsuit against the recent school closures. If you’d like to show your support and join them, the Press Conference/Rally begins at 4:00 PM on Tuesday, June 11, 2013.



MAY 30, 2013





 The End of the Year SCTA Picnic

 TOMORROW — May 31st

3:30 – 6:30 p.m.

 Dante Club

2330 Fair Oaks Blvd.




Bargaining Survey

You should be receiving a bargaining survey from SCTA in Survey Monkey today.  It is a short survey.  Please take a few minutes to respond before Wednesday, June 5th at 9pm.

Surplus Process Update

The tentative dates for the surplusing process to resume has run into challenges due to graduation schedules.

Secondary Surplusing will take place after school on June 5th.  You will be receiving a phone call from HR personnel with your appointment time.

Elementary Surplusing is tentatively scheduled to resume after school on June 11th .  More information to follow as it is clarified.

Surplus for Special Education Teachers, Prep Specialists, Nurses, etc.  

Surplus for these educators is covered by 7.8 of the contract.

7.8 Special Education specialist teachers, nurses, or elementary preparation teachers affected by any decision made regarding realignment of the relationships of schools or classes in terms of hours or location, shall be given the opportunity to submit a request regarding their new assignment. Within the restriction of program needs, seniority shall be the primary consideration for assignments.

This is the process that has been in the contract for a long time.  If you are an educator in this group and your school is closing, you are being surplused or you would like a change of work site, we suggest that you send an email to your district administrator and HR director.   Let them know your preferences for grade levels, area of the district, schools, start times and other factors.



Comments off


May 28, 2013





The District has set a tentative date of June 10th for surplussing to resume.  Until that time, surplussing has been suspended. There will be no surplussing tomorrow, May 29th.  We hope by that time there will be additional openings that have become apparent and can be added to the surplus list. We realize this has been a trying time for some and we continue to work with the district to make more options available.


May 28, 2013

Bargaining Survey

Be on the lookout for an important survey coming to your email soon. The bargaining team at SCTA will be soliciting your input to help us prepare for the upcoming negotiations with the district.  It is vital that every member provide their opinion to help guide us. The surveys will be conducted via Survey Monkey and should be in your email by the end of this week.


Picnic Reminder

This Friday, May 31st, will be the SCTA End of the Year Picnic at the Dante Club        (2330 Fair Oaks Blvd.)   The event will be from 3:30 to 6:30 pm.  Come and enjoy family fun with colleagues and honor those retiring this year.  Free food, drinks and fun!


Surplus Update

We will continue to update members regarding surplus issues as soon as information is known.



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MAY 23, 2013



Surplussing Suspended


The surplus for the 2013-14 school year has been a fiasco from the start. This is mainly because positions at the Superintendent’s Priority Schools have been excluded (a contract violation that SCTA will be grieving) from the process.  Yesterday the District ran out of elementary positions, leaving more than 50 members with no options.   As a result, the surplus placement process guaranteed in Article 8 of the collective bargaining agreement has been suspended at this time.  SCTA is hopeful that more positions will become available after the 31st of May.   As a result SCTA will be asking the District to suspend the process for everyone until the first week in June in hopes that more positions will appear.


MAY 8, 2013

Hide and Seek 

As we get closer to this year’s surplus process that is scheduled for May the 20th-24th SCTA needs your assistance.  Every year Principals attempt to hide positions from the surplus placement process.  The contract calls for all known positions to be made available at the surplus process.  When a Principal attempts to hide a position from the process it is not only a contract violation, it is a highly unethical practice that erodes the benefits of the District’s agreed upon CBA with SCTA.  Please help us identify any positions you think are being hidden by bringing them to our attention as soon as possible.

ED JOBS Settlement Payment 

The District and SCTA have worked though the clarification issues around the identification of members employed and eligible for payment of the $600.  All unit members (regardless of job classification) employed during the 2010-11 school year will receive the payment.  The only unit members that will not be receiving a payment under the settlement are those employees who had a contract for .50FTE or less and those who, for whatever reason, did not complete at least .75% of the year.  The payment is expected on the regular May payroll for those members currently employed.  Employees who are no longer employed with the District will be mailed a check for $600.




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MAY 3, 2013

Layoff Hearings

The layoff hearings have concluded after 8 days of testimony. SCTA’s legal team will have their briefs into the judge today. We expect the Judge’s ruling by Friday May 10th. At that point we are expecting the District to call an emergency school board meeting to accept or reject the judge’s findings. Many of you may remember last year when our board rejected the judge’s ruling. That misguided decision caused SCTA to file another lawsuit over the Superintendent’s Priority Schools. We will keep you posted.


ED JOBS Payment

SCTA has worked out a tentative settlement agreement for the Distribution of the Ed Jobs Arbitration award. We are in the process of finalizing the list of eligible members employed during the 2010-11 school year. The desire is to have the additional monies added to the May payroll. Employees currently employed by the District should see the payment on their regular May paycheck. The District will send out separate checks to retirees and those no longer employed by SCUSD around the same time.