Supreme Court of the United States - SCOTUSblog · 2015-11-14 · in the supreme court of the united states rebecca friedrichs; scott wilford; jelena figueroa; george w. white, jr.;kevin

IN THE

Supreme Court of the United States

REBECCA FRIEDRICHS; SCOTT WILFORD; JELENA FIGUEROA;GEORGE W. WHITE, JR.; KEVIN ROUGHTON; PEGGY SEARCY;

JOSE MANSO; HARLAN ELRICH; KAREN CUEN; IRENE ZAVALA; and CHRISTIAN EDUCATORS ASSOCIATION INTERNATIONAL,

Petitioners,v.

CALIFORNIA TEACHERS ASSOCIATION, et al.,

Respondents.

BRIEF OF AMICI CURIAEIN SUPPORT OF RESPONDENTS

On Petition For A Writ of Certiorari to the UnitedStates Court of Appeals for the Ninth Circuit

No. 14-915

Bruce H. LedermanD’AGOSTINO, LEVINE, LANDESMAN

& LEDERMAN, LLP345 Seventh Avenue, 23rd FloorNew York, New York [email protected]

Counsel for Amici Curiae Public School Teachers BrittanyAlexander, Tina Andres, JuliannaKrueger Dauble, Jamy A. Brice-Hyde, Paul Chonka, Dr. MichaelFlanagan, Marla Kilfoyle, SheriLederman, Ed.D., Andy Mitchell,Gus Morales, Lee Ann Nolan,Heather Poland, Larry Proffitt,Rebecca Ritchie, Michelle MurphyRamey and Melissa Tomlinson

>> >>

November 13, 2015

INTEREST OF AMICI CURIAE ................... 1

SUMMARY OF ARGUMENT........................ 2

ARGUMENT ................................................. 4

I. ABOOD PROPERLY BALANCED COMPETING INTERESTS AND ALLOWS CARING PUBLIC SCHOOL TEACHERS TO IMPROVE THE QUALITY OF PUBLIC EDUCATION ...................... 4

II. RIGHT-TO-WORK STATES VS. NON RIGHT-TO-WORK STATES AND IMPACT ON EDUCATION ...... 20

III. REVERSAL WILL SET BACK GAINS MADE BY UNIONIZED WOMEN AND UNIONIZED MINORITIES IN THE WORKPLACE.................................... 25

CONCLUSION .............................................. 28

APPENDIX A ................................................ 1a

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TABLE OF CONTENTS

Page

Cases

Abood v. Detroit Board of Education, 431 U.S. 209 (1977)..................................passim

Harris v. Quinn, 134 S. Ct. 2618 (2014).............................. 3

Knox v. Service Employees International Union, 132 S. Ct. 2227 (2012).............................. 3

Other Authorities

5 Ways Teacher Unions Advocate for Students, Educators (Education Votes)http://educationvotes.nea.org/2012/05/01/5-ways-teacher-unions-advocate-for-students-educators ............................. 9

9 Billionaires are about to Remake New York’sPublic Schools, Joseph, George, The Nation, March 19, 2015, http://www.thenation.com/article/9-billionaires-are-about-remake-new-yorks-public-schools-heres-their-story/ ......................... 19

Andrew Cuomo calls for Review of Common Core, Newsday, September 3, 2015,http://www.newsday.com/long-island/education/andrew-cuomo-calls-for-review-of-common-core-standards-curriculum-tests-1.10805427 ...................................... 17

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TABLE OF AUTHORITIES

Page(s)

Becca Habegger, KCS Educators, Parents Concerned about Teacher Contract Renewal Process (2015) WBIR 10 1 July 2015. Web. http://www.wbir.com/story/news/local/2015/06/04/kcs-educators-parents-voice-concerns-about-teacher-contract-renewal-process/28455039/. ..................... 24

Center for Economic and Policy Research, Unionization Yields Significant Gains in Pay and Benefits for Women Workers(2013), http://www.cepr.net/press-center/press-releases/unionization-yields-significant-gains-in-pay-and-benefits-for-women-workers..................... 25

Centers for Disease Control, Injury Preventionand Control: Division of Violence Prevention. 13 May. 2014. Web. http://www.cdc.gov/violenceprevention/acestudy/index.html ................................. 18

Controversial teacher evaluation method is on trial — literally — and the judge is not amused. Washington Post, August 15, 2015, https://www.washingtonpost.com/news/answer-sheet/wp/2015/08/15/controversial-teacher-evaluation-method-is-on-trial-literally-and-the-judge-is-not-amused/ .................................................... 16-17

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Page(s)

Cuomo Calls Public School System a Monopoly He wants to Bust, Washington Post, Valerie Strauss, The Answer Sheet, October 29, 2015,https://www.washingtonpost.com/blogs/answer-sheet/wp/2014/10/29/cuomo-calls-public-school-system-a-monopoly-he-wants-to-bust/..................................19, 26-27

Hailey Holloway, Non-renewed Knox CountyTeacher Speaks to School Board (2015) WATE 6 3 July 2015. Web. http://wate.com/2015/06/03/non-renewed-knox-county-teacher-speaks-to-school-board/ ....................................................... 23

History (American Federation of Teachers)http://www.aft.org/about/history.............. 8

John Higgins, I-1351: Proposal Would Cut Class Sizes, Cost Billions (2014) Seattle Times 11 Oct. 2014, Education sec. Web. http://www.seattletimes.com/seattle-news/i-1351-proposal-would-cut-class-sizes-cost-billions/ ..................... 9

Kristin Rawls, 6 Reasons Teachers Unions Are Good for Kids (2012). Alternet 17 Aug. 2012. Web. http://www.alternet.org/6-reasons-teachers-unions-are-good-kids ................................ 14

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Page(s)

Lahey, Jessica. “How Teachers Help Students Who’ve Survived Trauma.” The Atlantic 2 Dec. 2014. Web. http://www.theatlantic.com/education/archive/2014/12/how-teachers-help-kids-heal/383325/. ............................................ 18

Lawrence Mishel, Unions, Inequality, and Faltering Middle-class Wages, (2012) Economic Policy Institute 29 Aug. 2012. Web. http://www.epi.org/publication/ib342-unions-inequality-faltering-middle-class/ ............................. 25

Martin Luther King, Jr., speech to the state convention of the Illinois AFL-CIO, Oct. 7, 1965 http://www.notable-quotes.com/l/labor_unions_quotes.html#A2mUMlje2RYg5fba.99 .................. 30

National Center for Education Statistics.2013. Web. http://nces.ed.gov/fastfacts/display.asp?id ........................................... 25-26

NEA Largely Supports Alexander’s ESEA Reauthorization Plan, Education News, http://www.educationnews.org/education-policy-and-politics/nea-largely-supports-alexanders-esea-reauthorization-plan/ ............................... 19, 27

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Page(s)

Obama Administration Calls for Limits on Testing in Schools, NY Times, October 24, 2015, http://www.nytimes.com/2015/10/25/us/obama-administration-calls-for-limits-on-testing-in-schools.html ................................ 17

Quality of Worklife Survey. http://www.aft.org/sites/default/files/worklifesurveyresults2015.pdf ................. 15

Ravitch, Diane, Linda Darling-Hammond, and Pasi Sahlberg. “What Makes Quality Public Education? Ask the Experts. That’s What the Education Union Did.” California Teachers Association. Print. http://cft.org/images/k12/docs/CFT_WhitePaper-ExpertsonQualityEducation.pdf............... 13

Richard Freeman et al, Bargaining for the American Dream, What Unions Do for Mobility (2011) Center for American Progress 10 Sept. 2011. Print. https://www.americanprogress.org/issues/economy/report/2015/09/09/120558/bargaining-for-the-american-dream/ ...................................................... 13

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Page(s)

Robert Carini, Chapter 10- School Reform Proposals: The Research Evidence (2015). Ed. Alex Molnar. N.p.: n.p., n.d. 197-211.Google EBooks. Web. 20 Sept. 2015.https://books.google.com/books?hl=en&lr=&id=i6HDxDk0StYC&oi=fnd&pg=PA197&dq=unions+%22student+achievement%22+carini&ots=FhbVYnJoOp&sig=ClJOqDTE-MneO_3ou5ZNEz-M0hw#v=onepage&q=unions%20%22student%20achievement%22%20carini&f=false.society.” ............... 6

Teacher Contends NY State Evaluations Fail Accuracy Test, Wall Street Journal, February 6, 2015, http://www.wsj.com/articles/teacher-contends-n-y-state-evaluations-fail-accuracy-test-1423017078 .............................................. 17

Thomas, Paul Studies Suggest Economic Inequity Is Built Into, and Worsened by, School Systems (2012) 15 May 2012. Web. 20 Sept. 2015. http://www.truth-out.org/news/item/8993-studies-suggest-economic-inequity-is-built-into-and-worsened-by-school-systems/ ................... 7-8

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Page(s)

Trymaine Lee, Another Philadelphia Student Dies at a Public School with No Nurse (2014) MSNBC Explore 22 May 2014, Education sec. Web.http://www.msnbc.com/msnbc/another-student-dies-school-no-nurse ................... 10

Waters, Robin. “Teachers’ Unions and Collective Bargaining Agreements: Roadblocks to Student Achievement & Teacher Quality or Educational Policy Imperatives?” The Loyola University Chicago Child Law andEducation Institute Forum 2013. Web.http://www.luc.edu/media/lucedu/law/centers/childlaw/childed/pdfs/2013studentpapers/waters.pdf......................... 11-12

Williams, Michelle. “Labor department finds ‘probable cause’ for retaliation complaint filed by Holyoke teacher’s union president.” Mass Live. Advance Digital, 25 Aug. 2015. Web. 20 Sept. 2015.http://www.masslive.com/politics/index.ssf/2015/08/labor_department_finds_probabl.html ................................... 22

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Page(s)

Examples of Teacher Contract Provisions

The Alfred-Almond Teachers Association Contract, Section VII, http://www.portjeff.k12.ny.us/download/PDFs/Bargaining_Agreements/Teachers_Association_2013-17.pdf........................... 24

The Bethlehem Central Teachers Association Contract, Article VII Section 11, http://www.portjeff.k12.ny.us/download/PDFs/Bargaining_Agreements/Teachers_Association_2013-17.pdf........................... 8

The Campbell-Savona Teachers Association Contract, Article 14, http://seethroughny.net/contracts/school/Campbell-Savona%20-%20T.pdf ............................................. 9

The Oceanside Federation of Teachers Contract, Article 10 Section 1, http://www.oceansideteachers.org/oftcontract.html .......................................................... 12

The Oceanside Federation of Teachers Contract, Article VII (Hours and Duties of Teachers) http://www.oceansideteachers.org/oftcontract.html ................... 15-16

The Oceanside Teachers Association Contract,Article VII Section 2 “High School”http://www.oceansideteachers.org/oftcontract.html........................................ 10, 27

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Page(s)

The Port Jefferson Station Teachers Association Contract Article VIhttp://www.portjeff.k12.ny.us/download/PDFs/Bargaining_Agreements/Teachers_Association_2013-17.pdf............................................... 20-21

The Port Jefferson Station Teachers Association, Article XIV, http://seethroughny.net/contracts/school/Brookhaven-Comsewogue%20-%20Tx.pdf................................................. 8

The Port Jefferson Teachers Association Contract, Article VI B http://www.portjeff.k12.ny.us/download/PDFs/Bargaining_Agreements/Teachers_Association_2013-17.pdf........................... 29

The Port Jefferson Teachers Association Contract, Section VI J http://www.portjeff.k12.ny.us/download/PDFs/Bargaining_Agreements/Teachers_Association_2013-17.pdf. ......... 18

The Port Jefferson Teachers Association Contract, Section VII B http://www.portjeff.k12.ny.us/download/PDFs/Bargaining_Agreements/Teachers_Association_2013-17.pdf. ......... 6

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Page(s)

BRIEF OF CURRENT PRACTICING PUBLIC SCHOOL TEACHERS AND

UNION MEMBERS AS AMICI CURIAEIN SUPPORT OF THE RESPONDENTS

INTEREST OF AMICI CURIAE

Amici are all current practicing public schoolteachers1 and members of their local, state, andnational unions. Collectively they have over 200years of teaching experience and over 170 years ofunion membership. Amici have a longstandinginterest in public education as well as public edu-cation unionism. A full list of the Amici and theirinterest in this case is set forth in Appendix A.

Amici are individuals who have gone into the rel-atively low paying profession of public educationout of love for our country’s children. Amici have adeep felt and abiding belief that public education isthe bedrock of what has made, and what will con-tinue to make, the United States of America a greatnation.

This brief is intended to demonstrate that therule of Stare Decisis supports reaffirmation ofAbood v. Detroit Board of Education, 431 U.S. 209(1977). Abood decided the exact issues raised byPetitioners and their supporters and rejected the

1 All parties have consented to the filing of this Brief.Additionally, no attorney for any party has authored thisbrief in whole or in part, and no person or entity other thanAmici and their counsel have made any monetary contribu-tion to the preparation or submission of this brief.

arguments by carefully balancing competing andinextricably intertwined interests. Abood correctlyrecognizes the rights of States to establish agencyshops which facilitate dedicated teachers engagingin collective bargaining. Amici will demonstratethat part of the collective bargaining in which theirunions engage involves issues specifically designedto benefit children. Advocacy by public teachersunions of issues directly benefitting students is partof the balanced labor relations framework whichAbood expressly recognized was province of Statesto allow in the unique context of public education.

Purported issues of free speech which Petitionersand their supporters rely upon are inextricablyintertwined with the appropriate and recognizedcollective bargaining needs of public school teachers.

Without the ability to effectively engage in col-lective bargaining, individual teachers will be leftvoiceless in protecting their livelihoods, the learn-ing environments of their students, and the futureof public education. Amici therefore appeal to thisCourt to reaffirm long established precedent whichfairly and properly balances competing interests.

SUMMARY OF ARGUMENT

In Abood, this Court recognized that a State mayrequire public employees represented by an exclu-sive bargaining agent to pay their fair share of thecosts for that representation. 431 U.S. at 217-232.The ruling by this Court has been reaffirmed. ThisCourt has also ruled recently to not disturb the

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basic rule of Abood. See Knox v. Service EmployeesInternational Union, 132 S.Ct. 2227 (2012), andHarris v. Quinn, 134 S. Ct. 2618 (2014).

Abood recognizes that certain aspects of collec-tive bargaining by public school teachers are“inherently ‘political,’ ” but nonetheless finds thatFirst Amendment concepts do not prohibit individ-ual States from adopting a labor relations frame-work which facilitate collective bargaining for publicemployees. 413 U.S. at 225. “A public employee whobelieves that a union representing him is urging acourse that is unwise . . . is not barred fromexpressing his view.” 413 U.S at 229. Abood repre-sents a careful balancing of interests so as to allowunions for public school teachers to effectivelyengage in collective bargaining and thereby effec-tively protect both their own interests and theinterests of public school students, as well as publiceducation itself, by arguing for a living wage, betterclassroom conditions and collectively protection.

This is not a case where evolving social stan-dards justify departure from established precedent.While this Court may have abandoned precedent incases involving changing societal norms impactingthings like school segregation, women’s rights,abortion, death penalty and gay marriage, thedesire of Petitioners to relitigate Abood by havingthis Court reconsider arguments it already consid-ered and rejected in Abood does not justify depar-ture from normal rules of Stare Decisis in this case.The free speech issues raised in this case have notchanged since 1977.

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Petitioners’ request to overrule Abood must berecognized as a clever way of circumventing thedemocratic process in States which have declinedto enact Right-to-Work laws. It is Amici’s opinion,as public school educators with over 200 collectiveyears of teaching, that overruling Abood will likelyerode teachers’ ability to engage through collectivebargaining in advocacy for working conditionswhich benefit both themselves and our children inpublic school on many levels. Teachers are in aunique position to recognize the needs of childrenand their voices should not be stifled.

The judgment of the Ninth Circuit should beaffirmed.

ARGUMENT

I. ABOOD PROPERLY BALANCED COMPETINGINTERESTS AND ALLOWS CARING PUBLICSCHOOL TEACHERS TO IMPROVE THEQUALITY OF PUBLIC EDUCATION

Abood recognized that an employee “may verywell have ideological objections to a variety ofactivities undertaken by the union,” but that theFirst Amendment did not prohibit States fromadopting agency shop laws for public employees.431 U.S. at 222. Abood recognized that there werean endless variety of “examples [which] could bemultiplied” of issues which arise as part of collec-tive bargaining which any individual teacher mighthave “an impact on their First Amendment inter-ests.” Id. However, Abood recognized that regula-

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tion of labor relations has been left “to the States,”431 U.S. at 223, and that “nothing in the FirstAmendment” precludes States from adopting col-lective bargaining frameworks simply becausesomeone can describe part of the collective bar-gaining process as “political.” 431 U.S. at 232.

In this case, the State of California adopted theagency shop laws which require unions to segre-gate funds used for political lobbying rather thancollective bargaining, and set up a mechanismwhere teachers can opt-out of contributing to thelobbying component of union activities. Unionmembers who choose to opt-out are not deprived oftheir free speech any more than participants in anydemocratic process when a vote goes against them.American citizens, who influence national policythrough the ballot box, can’t withhold taxes thatpay for policies with which they disagree. Nor canmembers of a volunteer fire department refuse toput out a fire at a house in their district that is fly-ing a banner for a candidate they don’t like.

Other States have adopted Right-to-Work laws(which Amici believe unwise) but which are in linewith Abood’s recognition that the “National LaborRelations Act leaves regulation of labor relations ofstate and local governments to the States.” 431U.S. at 223. This Court’s “province is not to judgethe wisdom” of a State’s particular implementationof a labor relations framework, but only to “adjudi-cate the constitutionality.” 431 U.S. at 224-25.

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The Amici here write to remind the Court that byallowing effective collective bargaining, the Stateof California, consistent with Abood, allows union-ized teachers to be advocates for children and pub-lic education since issues of importance to publicschool teachers necessarily overlap with the good ofchildren. Many issues inherent in collective bar-gaining are inextricably intertwined with good edu-cation practices such as smaller classes, which areoften a collectively bargained item for local unionswith their schools districts. See The Port JeffersonTeachers Association Contract, Section VII Bhttp://www.portjeff.k12.ny.us/download/PDFs/Bargaining_Agreements/Teachers_Association_2013-17.pdf.

The greatest role of an educator is to be an advo-cate for the children that have been entrusted totheir care. Many of the Respondents in this case, aswell as the Amici submitting this brief, can advo-cate for children with great freedom because unionmembers are afforded collectively bargained pro-tections. Despite protestation by some so-calledreformers to the contrary, unions are good for edu-cation. See Robert Carini, Chapter 10- SchoolReform Proposals: The Research Evidence (2015)Ed. Alex Molnar. N.p.: n.p., n.d. 197-211. GoogleEBooks. Web. 20 Sept. 2015. https://books.google.com/books?hl=en&lr=&id=i6HDxDk0StYC&oi=fnd&pg=PA197&dq=unions+%22student+achievement%2 2 + c a r i n i & o t s = F h b V Y n J o O p & s i g = C l J O qDTE-MneO_3ou5ZNEz-M0hw#v=onepage&q=

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unions%20%22student%20achievement%22%20carini&f=false. Teachers who are unionized areoften on the frontlines of advocacy for school equity.Unionized educators advance school equity andchallenge inequities, inherently preserving FirstAmendment rights of their members within a bal-anced labor framework for public employees whichStates may establish consistent with Abood.

Teachers who are free to speak out againstinequity that they see in their schools, as well aspotential problems with the current fads of exces-sive testing, corporatization and of no-excuse char-ter schools, have the ability to do so with theprotection of collectively bargained rights. Onesuch example found in local contract language thatis bargained through collective bargaining wouldbe to be able to advocate strongly for at risk stu-dents. See The Oceanside Federation of TeachersContract, Article 7 Section 2, “High School”),http://www.oceansideteachers.org/oftcontract.html.

Paul Thomas, an associate professor at FurmanUniversity and renowned researcher on race andequity, notes that economic inequity is built in andworsened by our school systems. He states, “Inlight of the new research, several components of“no excuses” education reform are likely to increasethe current problems with social and educationalequity, instead of addressing them.” See Thomas,Paul Studies Suggest Economic Inequity Is BuiltInto, and Worsened by, School Systems (2012) 15May 2012. Web. 20 Sept. 2015. http://www.truth-out.org/news/item/8993-studies-suggest-economic-

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inequity-is-built-into-and-worsened-by-school-systems/. Unionized teachers, who have collec -tively bargained rights, are able to speak out aboutimportant issues such as the teacher to student ratiowhen it pertains to teaching special needs students.See The Bethlehem Central Teachers AssociationContract, Article VII Section 11, http://www.portjeff.k12.ny.us/download/PDFs/Bargaining_Agreements/Teachers_Association_2013-17.pdf.

Teachers speak out and have input on appropri-ate textbooks and materials for students in theirdistrict, all which are bargained using the collec-tive bargaining process. See The Port JeffersonStation Teachers Association, Article XIV, http://seethroughny.net/contracts/school/Brookhaven-Comsewogue%20-%20Tx.pdf.

Teachers who do not benefit from collectivelybargained rights are often fired when they standup and advocate for children and work conditions.A teacher’s rights, secured through collective bar-gaining, empower a teacher to speak up about theinequities they see.

Contrary to what the Petitioners would like theCourt to believe, unions protect a teacher’s right to free speech. The AFT fought anti-communist loy-alty oaths in the 1930’s and 1950’s. The NEA alsoprotested these oaths in the 1950s. See History(American Federation of Teachers) http://www.aft.org/about/history. Unions still fight today toallow teachers to speak freely using the collectivebargaining process about the conditions in their

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schools, about the programming that is used toteach children, and about their working conditionswhich also influence children. The grievanceprocess, which is collectively bargained, allowsunionized teachers to hold districts accountable tothe things that have been bargained which meetthe educational needs of our nation’s children andto secure workplace conditions that allow teachersto do their job to the best of their ability. See TheCampbell-Savona Teachers Association Contract,Article 14, http://seethroughny.net/contracts/school/Campbell-Savona%20-%20T.pdf.

In Ohio, teachers were able to get children thebooks they needed to learn using the grievanceprocess which was collectively bargained for bytheir union. See 5 Ways Teacher Unions Advocatefor Students, Educators (Education Votes) http://educationvotes.nea.org/2012/05/01/5-ways-teacher-unions-advocate-for-students-educators.

Seattle teachers spoke out strongly for class size,nurses, guidance counselors, and janitors. See JohnHiggins, I-1351: Proposal Would Cut Class Sizes,Cost Billions (2014) Seattle Times 11 Oct. 2014,Education sec. Web. http://www.seattletimes.com/seattle-news/i-1351-proposal-would-cut-class-sizes-cost-billions/.

Sadly, teacher voices and advocacy are notalways respected but because they have been col-lectively bargained, and inserted into local contractlanguage pursuant to labor relations frameworksestablished by individual States as contemplated

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by Abood, teachers can be the guardian of protec-tions that often benefit children in our publicschools. A tragic example of this would be a case inPhiladelphia where school nurses were reduced sig-nificantly from the schools. Philadelphia teachersand parents took to the streets to protest but it wastoo late for two children who died as a result ofhaving no nurse on duty. See Trymaine Lee,Another Philadelphia Student Dies at a PublicSchool with No Nurse (2014) MSNBC Explore 22May 2014, Education sec. Web. http://www.msnbc.com/msnbc/another-student-dies-school-no-nurse.

Amici feel strongly that students need teacherswho can fight for their needs that are oftencemented into collective bargaining contract lan-guage. For example, in local collective bargainingcontracts, unions secure extra help for childrenoutside the school day and provide mentoring pro-grams for new teachers and students. See TheOceanside Federation of Teachers Contract, ArticleVII Section 2 “High School” http://www.oceansideteachers.org/oftcontract.html. When items such asthis are inserted into contract language, teacherscan be the guardians of these negotiated items thatare often used to help children.

Schools that have unionized teachers often pro-duce students who are higher achievers. In aprominent study done by Arizona State Universityit was found that students taught by unionizedteachers saw increased gains: “Several studiesfound math, economics and SAT scores in union-

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ized schools improved more than in non-unionizedschools. Increases in state unionization led toincreases in state SAT, ACT, and NAEP scores andimproved graduation rates. One analysis attri-buted lower SAT and ACT scores in the South toweaker unionization there.” The impact of union-ism on minority students was highlighted, with“minority students [showing] larger high schoolmath gains in unionized schools than those innonunion schools. And among male students,attending schools with unionized teachers appearedto lower their probability of dropping out of highschool.” It was also found that “The 12 studies thatreported favorable union effects [were] generallymore methodologically sound than those that foundharmful effects. Studies that reported favorableeffects used more extensive statistical controls andwere often conducted at the student level. In con-trast, studies reporting harmful effects were con-ducted at the state or district level, which, due toaggregation, are more prone to error.” See RobertCarini, Chapter 10 - School Reform Proposals: TheResearch Evidence (2015). In fact, in anotherstudy, it was found that “. . . excluding teachersfrom policy-making is dangerous because teachershave vital experience and knowledge and shouldplay a prominent role in policy-making. Teachersare also essential advocates for their studentsbecause their needs are bound up with the needs oftheir students to the extent that concessions forteachers benefit students and enhance teacherquality and student achievement.” See Waters,Robin. Teachers’ Unions and Collective Bargaining

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Agreements: Roadblocks to Student Achievement &Teacher Quality or Educational Policy Impera-tives? The Loyola University Chicago Child Law and Education Institute Forum 2013. Web.http://www.luc.edu/media/lucedu/law/centers/childlaw/childed/pdfs/2013studentpapers/waters.pdf.

Consistent with Abood, States are free to allowagency shop concepts which allow teachers to col-lectively bargain, at the local level, issues allowingthem to effectively and efficiently teach children.For example, a union can collectively bargain forthe formation of committees to research and inves-tigate best practices that must be employed inschools to help children. See The Oceanside Feder-ation of Teachers Contract, Article 10 Section 1,http://www.oceansideteachers.org/oftcontract.html.

In Amici’s professional opinion, when teacherscan advocate for children using local collectivelybargained rights, schools become safer and a moreproductive place for children.

Another report noted that “there is a strong rela-tionship between union membership and inter -generational mobility. More specifically: areas withhigher union membership demonstrate more mobil-ity for low-income children. Using Chetty and others’ data, we know that low-income children risehigher in the income rankings when they grow upin areas with high-union membership. A 10 percent-age point increase in a geographic area’s unionmembership is associated with low-income childrenranking 1.3 percentile points higher in the nationalincome distribution. This relationship between

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unions and the mobility of low-income children isat least as strong as the relationship betweenmobility and high school dropout rates—a factorthat is generally recognized as one of the mostimportant correlates of economic mobility. Indeed,union density is one of the strongest predictors ofan area’s mobility.” See Richard Freeman et al,Bargaining for the American Dream; What UnionsDo for Mobility (2011) Center for AmericanProgress 10 Sept. 2011. Print. https://www.americanprogress.org/issues/economy/report/2015/09/09/120558/bargaining-for-the-american-dream/.

Furthermore, unions remain a significant predic-tor of economic mobility even after one controls forseveral variables including race, types of indus-tries, inequality, and more. Unions seek outrespected education researchers and scholars likeDiane Ravitch and Linda Darling Hammond to fur-ther their vision of education for all children. SeeRavitch, Diane, Linda Darling-Hammond, and PasiSahlberg. “What Makes Quality Public Education?Ask the Experts. That’s What the Education UnionDid.” California Teachers Association. Print.http://cft.org/images/k12/docs/CFT_WhitePaper-ExpertsonQualityEducation.pdf.

Amici would also like the Court to know thatteachers’ unions, and the collective bargainingprocess, have helped them grow professionally andto sustain their academic standing so that it isrooted in the latest techniques in education.Unions are one of the most significant institutionsproviding support and assistance to teachers in

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continuing their education. For example, Amicifrom New York are encouraged with paymentstipends, bargained by their union, to continuetheir education past their Masters’. RespondentMarla Kilfoyle has a Master’s degree plus 75 cred-its past her Master’s. She also, in her 28th year ofteaching, chose to go through the prestigiousNational Board Teaching Process made available toher through the Albert Shanker Grant. Annually,respondent Melissa Tomlinson attends the largesteducational professional development conference inthe state of New Jersey, as provided by the NewJersey Education Association, over the course oftwo days. Local, state, and national unions offercourses and opportunities for teachers to stay onthe cutting edge of technology and to take up todate courses on the latest educational techniquesthat are proven to help children. Continuing edu-cation is also a bargained component in manyStates which is beneficial to teachers, children, andpublic education. See Kristin Rawls, 6 ReasonsTeachers Unions Are Good for Kids (2012).” Alter-net 17 Aug. 2012. Web. http://www.alternet.org/6-reasons-teachers-unions-are-good-kids.

Unionized teachers use the collective bargainingprocess to advocate for their working conditionswhich are students’ learning conditions. In oneexample, respondent Jamy Brice-Hyde M.Ed., a 17year teaching veteran in New York, secure in theknowledge that her job was protected by collec -tively bargained rights, was able to create a teamthat instituted a national survey on working condi-

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tions in public schools. This study revealed the tollcurrent corporate education reform policies arehaving on the health and well-being of teachers.The American Federation of Teachers partneredwith Ms. Brice-Hyde and her team to bring thesenegative conditions into a national discussion. SeeQuality of Worklife Survey. http://www.aft.org/sites/default/files/worklifesurveyresults2015.pdf.The results brought about language inserted intothe ESEA Reauthorization Act passed in the UnitedStates Senate in July of 2015. This language willprovide Title II funding to school districts toresearch and rectify toxic working environmentswhich in turn influence American educators andchildren. The National Institute for OccupationalSafety and Health (NIOSH) has expressed an inter-est to partner with Ms. Brice-Hyde and her teamand the AFT to create a national annual study ofworking conditions in our schools. No federalagency has conducted scientific research on thehealth and well-being of American teachers ever inthe history of our nation.

Information from this study can, for example,assist unions, at the local level, to collectively bar-gain the work conditions for teachers, which asstated, are learning conditions for children. Whenconditions are not conducive to stable teaching andlearning environments, unions can collectively bar-gain these conditions with the school district. Oneexample would be something as simple as giving ateacher a committed lunch period which adminis-tration cannot take away. See The Oceanside Fed-

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eration of Teachers Contract, Article VII (Hoursand Duties of Teachers) http://www.oceansideteachers.org/oftcontract.html.

Plaintiffs in this case, and their supporters, haveneglected the enormous work being done due to col-lective bargaining and the unionism that allowsunions to collectively bargain work conditions witha school district that are not only for teachers butalso provide a stable learning environment for stu-dents. A teacher’s ability to have input into theirwork conditions has a positive impact to the learn-ing environments of their students. If Abood isoverruled in a way that circumvents the demo craticprocess in States which have rejected so called“Right-to-Work” principles, Amici believe ournation’s children will be the ones to suffer. Amicifeel, collectively, that union strength to collectivelybargain work conditions for teachers and learningconditions for students will be vastly diminished ifAbood is overturned.

Amicus Dr. Sheri Lederman is a beloved andadmired 19 year veteran teacher from Great Neck,New York. Because she was secure in her jobthrough collectively bargained protections, she wasable to file a lawsuit against the New York StateDepartment of Education about the flaws in com-puterized evaluations of teachers based upon stan-dardized test scores. Her lawsuit, which has beenreported in numerous national newspapers, hascontributed to the recognition of problems causedby excessive testing. See Controversial teacherevaluation method is on trial—literally—and the

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judge is not amused. Washington Post, August 15,2015, https://www.washingtonpost.com/news/answer- sheet/wp/2015/08/15/controversial-teacher-evaluation-method-is-on-trial-literally-and-the-judge-is-not-amused/; Teacher Contends NY State Evalu-ations Fail Accuracy Test, Wall Street Journal,February 6, 2015, http://www.wsj.com/articles/teacher-contends-n-y-state-evaluations-fail-accuracy-test-1423017078. The lawsuit of Dr. Sheri Leder-man, which could only proceed because ofprotections afforded to her by collective bargaining,has contributed to the dialogue about excessivetesting which recently led the President of theUnited States, as well as State Governors, to callfor re-evaluation of the harm caused by excessivetesting of public school children. See ObamaAdministration Calls for Limits on Testing in Schools,NY Times, October 24, 2015, http://www.nytimes.com/2015/10/25/us/obama-administration-calls-for-limits-on-testing-in-schools.html; Andrew Cuomocalls for Review of Common Core, Newsday, Sep-tember 3, 2015, http://www.newsday.com/long-island/education/andrew-cuomo-calls-for-review-of-common-core-standards-curriculum-tests-1.10805427.

Amici suggest that teachers who are protected byeffective collective bargaining protect our children.Teachers act as the front line responders to chil-dren, and specifically, to children in trauma. Oneout of every four children sitting in American class-rooms has experienced significant personal or emo-tional distress. One teacher states, “I’ve had toswitch up my priorities and expectations, not to

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mention my acronyms. Today, I’m less concernedwith boosting my students’ A.P. (Advanced Place-ment) scores than I am with mitigating the conse-quences of their high ACE (Adverse ChildhoodExperiences) scores.” See Lahey, Jessica. “How Teach-ers Help Students Who’ve Survived Trauma.” TheAtlantic 2 Dec. 2014. Web. http://www.theatlantic.com/education/archive/2014/12/how-teachers-help-kids-heal/383325/. “Teachers who suspect their stu-dents may be dealing with violence or othertraumatic situations at home are an essentialsource of stability and support.” Teachers save chil-dren’s lives both physically and emotionally. Thisis a fact that should not be ignored by the Court.Unions are able to use collective bargaining, for exam-ple, to give teachers the freedom to express them-selves not just in situations of curriculum but alsofor children. See The Port Jefferson Teachers Asso-ciation Contract, Section VI J http://www.portjef f .k12.ny.us/download/PDFs/Bargaining_Agreements/Teachers_Association_2013-17.pdf.

Teachers need to be able to speak up freely whenchildren are traumatized and victims of violencewithout fear that they will lose their jobs. See Cen-ters for Disease Control. Injury Prevention andControl: Division of Violence Prevention. 13 May.2014. Web. http://www.cdc.gov/violenceprevention/acestudy/index.html.

Amici hope that they have presented the Courtwith the many ways that their unions, and theircollective bargaining rights, help education andchildren. Petitioners and some of their supporters

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assert, directly or indirectly, that unions invariablysupport one particular party. Even if this was oncetrue, today there are numerous examples of Demo-cratic aligned politicians at odds with teachers’unions. See Cuomo Calls Public School System aMonopoly He wants to Bust, Washington Post,Valerie Strauss, The Answer Sheet, October 29,2015 https://www.washingtonpost.com/blogs/answer-sheet/wp/2014/10/29/cuomo-calls-public-school-system-a-monopoly-he-wants-to-bust/ ;“9 Billionaires are about to Remake New York’sPublic Schools, Joseph, George, The Nation, March19, 2015, http://www.thenation.com/article/9-billionaires-are-about-remake-new-yorks-public-schools-heres-their-story/. Moreover, unions haverecently been supportive of Republican efforts, ledby Senator Lamar Alexander, to reauthorize theFederal No-Child-Left-Behind program. See NEALargely Supports Alexander’s ESEA Reauthoriza-tion Plan, Education News, http://www.educationnews.org/education-policy-and-politics/nea-largely-supports-alexanders-esea-reauthorization-plan/.

The political landscape is complicated and Peti-tioners’ allegations do not justify abandoning well-reasoned precedent which balances completinginterests.

Amici are a group of public school teachers withover 200 years of collective service and they can saywith strong confidence that the instances pre -sented here would all change without the ability tobargain collectively and without the ability to be an

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effective organized unit that fights for children inour public schools.

II. RIGHT-TO-WORK STATES VS. NONRIGHT-TO-WORK STATES AND IMPACTON EDUCATION

There are 25 States that are currently Right-to-Work States: Alabama, Arizona, Arkansas, Kansas,Florida, Georgia, Idaho, Indiana, Iowa, Louisiana,Michigan, Mississippi, Nebraska, Nevada, NorthCarolina, North Dakota, Oklahoma, South Carolina,South Dakota, Tennessee, Texas, Utah, Virginia,Wisconsin, and Wyoming. Amici are educators fromall over the country, some are from Right-to-WorkStates and some are not. What Amici know is thateducation and teaching look very different inRight-to-Work States as opposed to unionizedStates. Amici offer their expert opinions to theCourt about what teaching and learning look likein a Right-to-Work state as opposed to a unionizedstate. Amici hope that the Court will clearly under-stand that a reversal could well make our nation aRight-to-Work Nation, one in which teachers can-not effectively organize and use local collective bar-gaining to better teaching and learning conditions.Amici would like the Court to understand, again,that through the right to organize and effectivelybargain collectively, teachers unions can negotiatesuch things as class size caps, training for teach-ers, and physical plant conditions with a school district. See The Port Jefferson Station Teachers Association Contract Article VI http://www.portjeff.

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k12.ny.us/download/PDFs/Bargaining_Agreements/Teachers_Association_2013-17.pdf.

Abood recognized the central importance of indi-vidual States in determining proper frameworksfor allowing collective bargaining. This case shouldnot be permitted to become a vehicle for circum-venting democratic principles and teacher unionrights to negotiate with school districts the work-ing conditions of teachers and the learning condi-tion of students.

In Right-to-Work States teachers are fearful tospeak out against policies that they know are notgood for education and children. In Right-to-WorkStates if the district tells a teacher not to speak up,they remain silent. Right-to-Work for many teach-ers translates to right to be fired at will. The rightof teachers to speak up has a strong impact on chil-dren, their education, their programming, andtheir future. Amici would like the Court to clearlyvisualize the impact that being a Right-to-Worknation will have on education, teachers, and mostimportantly our children.

Respondent Gus Morales, who teaches in Massa-chusetts (unionized state), did not have his teach-ing contract renewed in June of 2014. InMassachusetts, during the first three years ofemployment, school administrators can decide notto rehire a teacher. Respondent Gus Morales waslaid off in retaliation for criticizing corporate edu-cation “reform” which included testing and “datawalls.” Those “data walls” post children’s names

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and standardized test scores on a public bulletinboard. This “reform” was designed to humiliate andshame certain children publically and violatedtheir privacy rights. Mr. Morales received glowingperformance reviews prior to speaking out in 2014.A month prior to his non-renewal, Morales waselected president of the Holyoke Teachers Associa-tion after campaigning on an anti-corporate educa-tion “reform” platform. Mr. Morales, because heworks in a unionized state, was able to take hiscase to the state Department of Labor Relations,but more importantly he was able to speak out forchildren. The state Department of Labor Relationsruled that there was probable cause to indicatethat Mr. Morales was fired in violation of schoolpolicy. Mr. Morales was reinstated as a teacher inthe Holyoke School District in 2014 but in June of2015 he was not renewed again. Mr. Morales, for asecond time, took his case to the state Departmentof Labor Relations, and for second time the Massa-chusetts Department of Labor Relations has ruledthat there is probable cause that Mr. Morales wasfired for speaking out against district policies. SeeWilliams, Michelle. “Labor department finds ‘prob-able cause’ for retaliation complaint filed byHolyoke teacher’s union president.” Mass Live.Advance Digital, 25 Aug. 2015. Web. 20 Sept. 2015.http://www.masslive.com/politics/index.ssf/2015/08/labor_department_finds_probabl.html. This is astrong example of a teacher’s ability in a unionizedstate to fight an unfair denial of contractual renewal. Had Mr. Morales worked in a Right-to-

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Work State he would have been fired with norecourse.

Amici would like to now share the Court a situa-tion in which an excellent young educator in aRight-to-Work States was removed from her posi-tions with no recourse or due process.

In 2014, Knox County Schools (Tennessee)kindergarten teacher Christina Graham spoke outagainst SAT-10 testing for kindergartners at aBoard Meeting. A kindergarten teacher for 3 yearsat Cooper Ridge Elementary, she was subsequentlycalled into the principal’s office about being a rep-resentative of her school district. At the end of the2015 school year, Miss Graham said she was blind-sided by the decision not to renew her contract. Shesaid that the only reason given for the move wasthat she no longer fit the vision for her school.Many parents and teachers spoke out, saying thenon-renewal is the district’s way of retaliatingagainst a teacher who spoke out against a districtinitiative. Local news station WATE 6 was able toexamine Miss Graham’s personnel file and foundthere were no problems, complaints, or any reasonsfor her contract not being renewed. See Hailey Holloway, Non-renewed Knox County TeacherSpeaks to School Board (2015) WATE 6 3 July 2015.Web. http://wate.com/2015/06/03/non-renewed-knox-county-teacher-speaks-to-school-board/. Thedecision to fire Miss Graham has had a staggeringinfluence on the community and on children shetaught. Many parents demanded that the schoolboard change the policy of giving no reason for

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teachers to be renewed. This shows the devastatingimpact that Right-to-Work States have on childrenas young as 5 years old. See Becca Habegger, KCSEducators, Parents Concerned about Teacher Con-tract Renewal Process (2015) WBIR 10 1 July 2015.Web. http://www.wbir.com/story/news/local/2015/06/04/kcs-educators-parents-voice-concerns-about-teacher-contract-renewal-process/28455039/.

Amici can cite case upon case where teachershave been protected in unionized States and firedarbitrarily in Right-to-Work States. What Amicihope to make clear to the Court, as practitionerswith over 200 years of collective public school expe-rience, is that unions not only protect teachers butthey also protect children. This can be seen whenMr. Morales stood up against data walls that areused to humiliate children. When an educator isgiven a free voice to advocate for the learning con-ditions of children, for accommodations that a childwith disabilities may need, or to speak out againstany school policy that they feel is not good for chil-dren, that is a win for the children in their care.The right for teachers, as well, to collectively bar-gain such things as school improvement plans onshared decision making teams, only createsstronger schools for our children. See The Alfred-Almond Teachers Association Contract, SectionVII, http://www.portjeff.k12.ny.us/download/PDFs/Bargaining_Agreements/Teachers_Association_2013-17.pdf.

The Court must ask the question “What will a“Right-to-Work Nation” look like not only for the

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American teacher but for our nation’s children?”The answer is very clear. Our nation will be cata-pulted back ignoring 100 years of progress in pub-lic education. The Petitioners’ request to overruleAbood must be understood as a direct assault onthose States which have rejected “Right-to-Work”concepts in public education and this Court shouldnot overrule established precedent for such thinlydisguised political purposes.

III. REVERSAL WILL SET BACK GAINSMADE BY UNIONIZED WOMEN ANDUNIONIZED MINORITIES IN THE WORK-PLACE

Amici further bring to the Court’s attention thatoverruling Abood would set back the gains made bywomen and minorities who have benefited from col-lective bargaining, unionism, and agency shop fees.See Center for Economic and Policy Research,Unionization Yields Significant Gains in Pay andBenefits for Women Workers (2013), http://www.cepr.net/press-center/press-releases/unionization-yields-significant-gains-in-pay-and-benefits-for-women-workers and Lawrence Mishel, Unions,Inequality, and Faltering Middle-class Wages,(2012) Economic Policy Institute 29 Aug. 2012.Web. http://www.epi.org/publication/ib342-unions-inequality-faltering-middle-class/.

The National Center for Education Statisticsreported that in the 2011-2012 school year, 76% ofpublic school teachers were women. See NationalCenter for Education Statistics. 2013. Web.

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http://nces.ed.gov/fastfacts/display.asp?id. RandiWeingarten, American Federation of TeachersPresident, and Lily Eskelsen García, National Edu-cation Association President, are both women.Ms. García is also a Hispanic educator. They arerelevant to our argument here and should be con-sidered in the record. Amici feel strongly that a rul-ing in favor of the Petitioners would effectivelyundercut the vote of women and minorities whomake the choice to be represented by unions in theworkplace and to have the ability to collectivelybargain at the local level their working conditionsand the children’s learning conditions.

Amici submit that the Petitioners’ challenge toAbood is not rooted in bona fide free speech con-cerns but is instead a carefully calculated way tostifle teachers’ collective right to protect theirworkplace conditions and children’s learning condi-tions. Affirming Abood does not force any teacherto belong to a particular political party to maintaina job. Indeed, as indicated earlier, while Petition-ers and their supporters simplistically claim thatunions invariably support the Democratic party,current reform movements blur party lines. TheState of New York provides a contemporary exam-ple of a well-known Democratic governor directly atodds with the public school teachers’ union of thatstate. See Cuomo Calls Public School System aMonopoly He wants to Bust, Washington Post,Valerie Strauss, The Answer Sheet, October 29, 2015https://www.washingtonpost.com/blogs/answer-sheet/wp/2014/10/29/cuomo-calls-public-school-

26

system-a-monopoly-he-wants-to-bust/. Likewise,teachers’ unions have recently been supportive ofRepublican efforts to reauthorize the Federal No-Child-Left behind program. See NEA Largely Sup-ports Alexander’s ESEA Reauthorization Plan,Education News, http://www.educationnews.org/education-policy-and-politics/nea-largely-sup-ports-alexanders-esea-reauthorization-plan/ Sim-plistic claims that unions are invariably on oneside of any issue do not withstand scrutiny. Therelevance to this case is that Abood contemplates astate created labor relations framework whereindividual teachers can opt-out of supporting polit-ical lobbying efforts if they have an ideologicalobjection to the union’s political stance, but simul-taneously protect their collective rights to protecttheir workplace conditions and children’s learningconditions within a democratically establishedlabor relation framework established on a state bystate basis. Let it be strongly repeated that collec-tive bargaining allows teachers’ unions to negotiatewith school districts such things as new teachermentoring programs, parent communications, andstrategic planning meetings to address the needs ofat-risk students. See The Oceanside Teachers Asso-ciation Contract, Article VII Section 2 “High School”http://www.oceansideteachers.org/oftcontract.html.

State created labor relations frameworks whichpermit opt-out, rather requiring opt-in to politicalaspects of union representation fully protect anybona fide First Amendment rights of any individualteacher. The transparent effort of Petitioners and

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their supporters to undermine the rights of mil-lions of teachers to protect their livelihood and pre-serve public education should not be countenanced.

CONCLUSION

Overruling Abood’s long-established rule wouldundermine an educator’s ability to protect his orher workplace conditions and student learning con-ditions. In this brief Amici have provided the Courtwith examples of collectively bargained local con-tracts that clearly protect the working conditions ofteachers and show how this process also provides astable learning environment for children.

Public education itself would be threatened ifpublic school teachers’ collective bargaining wereundermined by overruling Abood. Without the col-lective bargaining process, many teachers would beforced to remain silent for fear of losing their job.Children would lose the voice of the strongest advo-cates they have in our nation’s schools. Publicschool teachers speak out, and negotiate in collec-tive bargaining, for special needs children, the poorand marginalized children, for great programs thatour children should have, for limits on excessivetesting, but most importantly teachers speak outfor all the things that kids need to excel in our pub-lic schools.

Much as Petitioners argue they have a right notto be part of a union, Amici have a right to be partof an effective union. Amici feel that with strongcollective bargaining rights, teachers’ unions can

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negotiate strong educational programs that helpour children, the ability to insert and define thislanguage in collective bargaining with school dis-tricts, teachers can continue to be the watchdogs ofprograms they negotiate that are good for childrenand public education. See The Port JeffersonTeachers Association Contract, Article VI Bhttp://www.portjeff.k12.ny.us/download/PDFs/Bargaining_Agreements/Teachers_Association_2013-17.pdf.

There are over 4.5 million teachers who areunionized in this country and they deserve to havethat right preserved by the Court. The Courtshould reaffirm Abood and its long-established bal-ance of interest which promotes labor peace andstrengthening worker rights in this country, whichhave now been extended to women and minoritiesin the workplace.

Amici conclude by quoting Martin Luther King,Jr.:

“The labor movement was the principal forcethat transformed misery and despair intohope and progress. Out of its bold struggles,economic and social reform gave birth tounemployment insurance, old age pensions,government relief for the destitute, and,above all, new wage levels that meant notmere survival but a tolerable life. The cap-tains of industry did not lead this transfor-mation; they resisted it until they wereovercome. When in the thirties the wave of

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union organization crested over the nation, itcarried to secure shores not only itself butthe whole society.”

Martin Luther King, Jr., speech to the state con-vention of the Illinois AFL-CIO, Oct. 7, 1965,http://www.notable-quotes.com/l/labor_unions_quotes.html#A2mUMlje2RYg5fba.99.

The judgment of the 9th Circuit should beaffirmed.

Dated: November 13, 2015

Respectfully submitted,

/s/ Bruce H. Lederman D’AGOSTINO, LEVINE, LANDESMAN

& LEDERMAN, LLP345 Seventh Avenue, 23rd FloorNew York, New York [email protected]

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APPENDIX

APPENDIX A

The Amici joining in this brief are:

Andy Mitchell is Coordinator of Regional MathInitiatives for the Wayne-Finger Lakes Board ofCooperative Education Services in Newark, NY. Hehas been teaching for 20 years and a union memberfor 20 years. Before joining Wayne-Finger LakesBOCES, he was a member of the Webster TeachersAssociation, where he worked on the WTA Griev-ance Committee. He is a member of the New YorkState United Teachers, the American Federation ofTeachers, and the National Education Association.He has a B.S., Elementary Education from RobertsWesleyan College and M.S. Ed., Reading Teacherfrom the State University of New York College atBrockport. He is also a graduate of the Massachu-setts College of Liberal Arts Leadership Academy.He has an Initial SBL (NY School Building Leader)and a Professional SDL (NY School DistrictLeader). He is a permanently Certified Elementary(PreK-Grade 6 Common Branch), Mathematics (7-12), and Reading Teacher (K-12).

Melissa Tomlinson is a teacher in the BuenaRegional School District in New Jersey. She is aSpecial Education teacher. She has been in educa-tion for 14 years and in a union for 7 years. Herlocal union is the Buena Regional Education Asso-ciation. She is also a member of her state union,the New Jersey Education Association and a mem-ber of the National Education Association. Ms.Tomlinson has a Master’s Degree, and certifica-

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tions in Elementary Education, Teacher of Stu-dents with Disabilities, Curriculum Supervisor,and is currently working towards Administrationand Superintendent of Schools certification.

Marla Kilfoyle is a teacher in the OceansideSchool District in Oceanside, New York. She hasbeen a teacher and a union member for 29 years.She is a member of the Oceanside Federation ofTeachers, New York State United Teachers, theAmerican Federation of Teachers, and the NationalEducation Association. She is Membership Secre-tary of her local union. Mrs. Kilfoyle has a Bachelorsin Social Science, a Master’s Degree in Education,PreK-12 certification, and is a National Board Cer-tified Teacher.

Dr. Michael Flanagan teaches in New York City.He has been a high school teacher for 20 years anda union member for 30 years. He is a member ofThe United Federation of Teachers, the New YorkState Union of Teachers, the American Federationof Teachers and the American Federation of Labor.He is a union chapter leader. Michael holds a B.A.in History, and M.S.Ed in Special Education andan Ed.D in Special Education Supervision.

Jamy A. Brice-Hyde is a teacher in HorseheadsCentral School District in Horseheads, New York.She has been a high school social studies teacherfor 16 years, currently teaching Advanced Place-ment curriculum. She is a member of the Horse-heads Teachers Association, where she serves onthe Executive Council as a building representative

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and has previously served six years as the Secre-tary. She is a member of New York State UnitedTeachers, where she is currently serving on PolicyCouncil, Social Studies Committee, and the Civiland Human Rights Committee, serving as the Co-Chair of the subcommittee on Women’s Rights.She is a member of the American Federation ofTeachers, where she serves on the Quality of WorkLife Committee. Mrs. Bryce-Hyde earned her Bachelor’s degree in Business Management fromBaldwin-Wallace College in Berea, Ohio and herMaster’s Degree in Education from Elmira Collegein Elmira, New York.

Gus Morales taught in Holyoke Public Schools inHolyoke, MA. He is currently fighting to bereturned to his teaching position. He has been aunion member since 2005 and is currently servingas the president of the Holyoke Teachers Associa-tion. This is his ninth year of being an educatorwith a B.A in English. Additionally, Mr. Morales isworking towards earning a Master’s of Ed in Cur-riculum and Instruction as well as a Masters ofArts in English.

Michelle Murphy Ramey teaches in Shoreline,located in Washington State. She is in her 11thyear of teaching and 8th year in her union. Shebelongs to the National Education Association andWashington Education Association. She is a build-ing representative and her local union’s secretary.Ms. Ramey has an AA&S degree in Early Child-hood Education with a focus on Special Education,a B.A. in Psychology, and a Master’s in Reading

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and Literacy. She also has an Elementary Educa-tion Degree with K-8 teaching certification as wellas Professional Certification.

Brittany Alexander is a teacher in Hilliard TharpSixth Grade School, in Hilliard City, Ohio. She hasbeen a teacher and a union member for 19 years.She belongs to the National Education Association,Ohio Education Association, and Hilliard Educa-tion Association. She has a Master’s degree anddual certification.

Heather Poland teaches at Rodriguez Elemen-tary in San Diego, California. She has been ateacher and in her union for 14 years. She belongsto the San Diego Education Association, CaliforniaTeachers Association, and the National EducationAssociation. Ms. Poland has a multiple subjectsteaching credential, single subject teaching creden-tial in English, Reading Specialist Credential,Master’s in Education, Curriculum and Design,emphasis in Reading Language Arts.

Tina Andres is a teacher at MacArthur Inter -mediate School, Santa Ana, California. She hasbeen a teacher and a member of her union for 28years. She is a member of the Santa Ana EducatorsAssociation (SAEA), California Teachers Associa-tion (CTA), and the National Education Association(NEA). She has multiple subject teaching creden-tials.

Rebecca Ritchie is a teacher at Nelsen MiddleSchool in Renton, Washington. She has taught for25 years and has been a union member for 25

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years. She is a member of the Renton EducationAssociation, Rainier UniServ Council, WashingtonEducation Association, and the National EducationAssociation. Ms. Ritchie has a BA in Music Educa-tion from Central Washington University and an M.Ed. with an emphasis on technology from CityUniversity.

Lee Ann Nolan is a teacher at Drummonds Ele-mentary School in Tipton County, Tennessee. Shehas been a teacher for 20 years and a union mem-ber for one year. She is a member of the TiptonCounty Education Association, Tennessee Educa-tion Association, and the National Education Asso-ciation. She has a Bachelor’s degree in elementaryeducation K-8 and a Master’s degree in Curricu-lum, Instruction, & Assessment. Tennessee is aRight-to-Work State.

Larry Proffitt is a teacher at Dickson MiddleSchool in Dickson County, Tennessee. He has beenteaching and a union member for 11 years. Ten-nessee is a Right-to-Work State. He is a member ofthe Dickson County Education Association, Ten-nessee Education Association and National Educa-tion Association. He has a Bachelor’s degree inElementary Education, K-8.

Paul Chonka is a teacher at Arts & TechnologyHigh School in Marysville, Washington. He hasbeen teaching for 10 years contracted and 5 yearsas a substitute teacher. He has been in a union for10 years. He is a member of the Marysville Educa-tion Association, Washington Education Associa-

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tion, and the National Education Association. Hehas a professional certification in Biology and Gen-eral Science, a Bachelor’s of Science in Biologyfrom University of Oregon, and a Masters of Edu-cation in Curriculum and Instruction from SeattlePacific University.

Sheri Lederman, Ed.D., is a fourth grade teacherat E.M. Baker Elementary School in Great Neck,NY. She has been teaching for 19 years and holds abachelor’s degree in Psychology from Brandeis Uni-versity (BA., 1983), a master’s degree in Elemen-tary Education from Long Island University, C.W.Post College (M.S., 1997), and a doctorate in HumanDevelopment and Educational Psychology from theLearning and Teaching Division of Hofstra Univer-sity (Ed.D., 2012). Her doctoral dissertation, “TheEffect of Executive Function on Science Achieve-ment in Normally Developing 10-Year Olds,” wasawarded the Hofstra University H. Alan RobinsonAward as the outstanding dissertation for the Uni-versity for the year.

Julianna Krueger Dauble has taught elementarysince August 2001 in public schools. She has beenin a union since day one of teaching. She has aBachelor’s in Elementary Education, K-8 teachingcertificate AND master’s in Curriculum, Instruc-tion, and Assessment.

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