

Julie Mack | By Julie Mack | The Kalamazoo Gazette
on March 28, 2013 at 5:30 AM, updated March 28, 2013 at 7:01 AM
teach generic blackboard.jpg  
KALAMAZOO, MI -- Michigan becomes a right-to-work state today, but hundreds of Kalamazoo-area school employees represented by unions must wait until this summer at least if they want to opt out of paying union dues.

The new law doesn't take effect for individual unions until their current contract expires. Most labor agreements  in Kalamazoo County school districts run through June 30.

A notable exception is Kalamazoo Public Schools, whose 800-plus teachers recently ratified a three-year agreement that expires June 30, 2015. The pact negotiated by the Kalamazoo Education Association requires teachers to pay dues or face dismissal.

The Mattawan and Parchment teacher unions also sought to lock in new contracts before the  law took effect, but were unsuccessful.

The Parchment Education Association recently negotiated a tentative agreement with the Parchment school board, but the agreement was rejected by PEA members because of changes in planning time for secondary teachers.

Meanwhile, teachers in the Mattawan Education Association approved an agreement to maintain "agency-shop" status for the MEA through June 2016. That would have mandated members to payment of union dues for the next three years.

But last week, the Republican-controlled Legislation indicated that they will deduct state funding for K-12 and public colleges with contracts that appear specifically written to bypass the right-to-work law.

As a result, the Mattawan school board refused to ratify the agreement because trustees did not want to jeopardize district revenues.

RELATED STORY: Mattawan school districts backs off extending teacher contract that bypasses right-to-work law.

Ron Fuller, superintendent of the Kalamazoo Regional Educational Service Agency, condemned GOP lawmakers for "bullying" school districts and colleges that were extending contracts before the law took effect.

"If they wanted the law to take effect immediately, they should have passed that," Fuller said. "This is childish."

He said the threat to deduct funding is particularly irksome because  the law was passed "in the dark of night without any public input."

Making unions relevant?

Despite his criticism of the way the law was passed and its implementation, Fuller  said that he's "ambivalent" about the right-to-work concept.

Ron Fuller.JPG Ron Fuller  
Under the old law, school employees in a job represented by a union had no choice but to pay union dues. Those who opted out of union membership still had to pay a comparable fee or face dismissal.

Under the new law, employees will decide whether to pay dues -- and they will receive most of the benefits of the union regardless, including the pay and benefits established in union contracts.

Fuller acknowledged that puts unions at a distinct disadvantage, likening it to being able to join a country club without having to pay membership fees.

"A lot of people are going to make decisions based on their individual financial needs, and they're not going to pay the union dues until they feel they need the union," he said.

"My guesstimate is that less than half" of unionized school employees will pay dues, Fuller said.

Many teachers just aren't that vested in the union, he added. "They just want to close their classroom door and teach."

While the law seems unfair to unions, Fuller said, the flip side is that "now unions will have to be more relevant to their members, which they haven't been for the past 25 years. That's a good thing."

Speaking specifically of the Michigan Education Association, Fuller said that the organization has bargained "for the best interests of the MEA versus the best interests of its members."

For example, the MEA insisted for years that its contracts mandate purchase of health insurance from the Michigan Educational Special Services Association, or MESSA, which is an MEA affiliate.

Fuller noted that the MEA has become a "very, very wealthy and very lucrative organization" as a result of dues that average about $1,000 a year per teacher.

According to, which tracks the revenues of nonprofit organizations, the MEA had revenues of $75 million in 2010-11.

The MEA's 2010 tax return, the most recent tax return available through Guidestar, lists eight employees with compensation packages exceeding $235,000.  That year, MEA President Iris Salters received a base salary of $269,000 and other compensation worth $142,000 for a total compensation package of $411,000.

By contrast, the state's highest paid superintendent is Kalamazoo Superintendent Michael Rice, who has a compensation package worth $349,200 and a base salary of $214,613 for 2012.

Union leaders worried

No surprise, local union leaders are concerned about the impact that the new law will have on their organizations.

eric verhey Eric VerHey  
In a recent online discussion with, Portage Education Association President Eric VerHey noted the new law opens the door to "freeloaders."

RELATED STORY: Online chat with Millie Lambert and Eric VerHey.

"So the issue becomes 'give me the benefits, fight for my rights, protect me, but don't ask me to pay,' " VerHey said. "How would that work in any society? I want everything government provides military protections, police, fire, schools, roads and rails, mail, etc., but I won't pay any taxes. Not a good model for the future of society

Still, VerHey said, he thinks his membership will stay loyal to the union for now.

"I think we will be strong in Portage," VerHey said in the online chat. "I have faith in the teachers' ability to understand the politics of Lansing. The damage to their quality of life over a career and the complete dismantling of wages, benefits and retirement without a union voice to advocate and protect."

But statewide, VerHey said, "The jury is out."

"I would guess that there are a lot who would justify not contributing because they can't afford' to be in the union," he said. "But when we look at what goes into a contract and knowing how difficult it is to keep/improve working conditions, having no voice is worse.

"That said, we may see a drop and people won't realize how rough it can get until it's a bit too late and then we wait for the pendulum to swing back," VerHey said. "I hope the teachers in my local understand, respect and contribute and we remain strong.

"Time will tell. Statewide, I think MEA is facing an uphill battle."

Millie Lambert hedshot Millie Lambert  
Millie Lambert, president of the Kalamazoo Education Association, says having a contract that runs through 2015 buys the KEA some time.

But, Lambert said in the recent Mlive discussion, "there's potential for huge consequences" for the Michigan Education Association as as a whole and those consequences likely will "filter down."

That includes, she said, "Consequences such as if you don't have membership, you don't have revenue. If you don't have revenue you don't have staff. If, you don't have staff, you can't provide services."

Practical issues

The ability to collect dues is only one dilemma facing unions and school officials under the new law.

Another is whether unions will continue to serve as a representative voice of school employees.

Up until now, anybody covered by a union contract was a dues-paying member who could participate in elections, including votes on union leadership and contracts, and participate in surveys about priorities in negotiations.

Under right-to-law, only those who have a pay dues will have a voice in the union, which could undermine the ability of union leaders to act as a liaison between administration and employees.

For instance, Kalamazoo Public Schools has instituted a long list of reforms in recent years and has worked closely with Lambert and the KEA to gather input, maximize teacher buy-in and smooth implementation.

In the Mlive discussion, Lambert said that's going to be a lot harder if a significant number of teachers aren't union members.

"When you have a group that doesn't have leadership, because they don't belong, how do you get them to buy in and to make the change happen when they are not part of the process?" she said.

Roger Rathburn, superintendent of Three Rivers Community Schools,  spelled out that issue in a recent letter to state lawmakers.

"My union has 160 members," he wrote. "Let's assume that one member chooses not to pay and 159 remain. A sensible person would conclude there is still a significant majority and 159 should represent the entire group.

"On the other hand, let's assume 159 choose not to pay and only 1 remains. A sensible person would conclude that one person is a not a majority and shouldn't be representing the entire group," he said. "I know those are two extremes, but what is the middle?"

Lambert said that she's seen a range of reaction to the new law among Kalamazoo teachers, and it remains to be seen how the law will play out.

There is a "full spectrum of responses to the legislation," she said.  "I know there are people who are really angry, and I know there were people who couldn't wait to pick up the phone and ask MEA when they could stop paying dues."

"How we choose to respond will decide if people choose to stay or go," she said, adding, "I can't imagine we're going to roll over and play dead."


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