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DPS teachers sue district, union over contract

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tonysam Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-12-10 12:24 PM
Original message
DPS teachers sue district, union over contract
At least one teacher in the Detroit Public Schools isn't taking the new negotiated agreement lying down:

A group of Detroit Public Schools teachers is heading to court in an effort to block a provision of their newly approved teachers' contract that permits the district to withhold $250 from their paychecks.

The teachers' attorney, George Washington, said he's filed a class action lawsuit and a complaint to the state's labor department against Emergency Financial Manager Robert Bobb, claiming the deductions are unlawful.

Under the contract Detroit Federation of Teachers members approved in December, salaried teachers will lend the district $10,000 each over a period of 40 paychecks. It's called a Termination Incentive Plan, because the teachers will receive the money back without interest when they leave.


Washington claims the loan violates Michigan's Payment of Wages and Fringe Benefits Act, which forbids an employer from demanding a gift from an employee as a condition of employment.


More

Further down in the article is a response from the union's president, who appears willing to sell teachers down the river.

I hope he is recalled.
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LiberalFighter Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-12-10 12:30 PM
Response to Original message
1. Unless there is more to the story the teachers are wrong.
They voted on the contract and approved it.

I think it is wrong that they agreed to it. $250 a week take back is too much. And they only get it back when they leave?

But they could possibly win the lawsuit based on the fact it is wages and wages must be paid in a timely fashion. If that is the law.
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-12-10 01:04 PM
Response to Reply #1
4. Actually only the union members vote on the contract
If the teachers who filed the lawsuit are not union members they wouldn't have been able to vote on the contract.

I have been absolutely blown away by this contract in Detroit since I first became aware of it. I'm no expert but I can't understand how it is legal for an employer to borrow from employees. So I'm glad to see this lawsuit.
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LiberalFighter Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-12-10 01:11 PM
Response to Reply #4
6. I'm thinking as I stated in the previous post that wages cannot be withheld.
They must be paid in a timely fashion.

They would need to do some bookkeeping where the wages show up on the paycheck and the teacher then remits a check for $250 back to the district.

The other issue would be Social Security, taxes, etc. How would this effect the teachers in their Social Security when they retire?
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-12-10 02:17 PM
Response to Reply #6
8. I've been meaning to run this by my local president
I am AFT (as is Detroit).

I'll try to remember to ask her next time I see her.
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FBaggins Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-12-10 12:39 PM
Response to Original message
2. Thank goodness teachers make enough money to afford $500/month so easily.
< /sarcasm>
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-12-10 01:06 PM
Response to Reply #2
5. Well I wouldn't be able to afford that
And I make a lot more than a beginning teacher.
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FBaggins Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-12-10 02:22 PM
Response to Reply #5
9. Thus the sarcasm tag
That's a pretty big hit from most people these days.
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FBaggins Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-12-10 12:42 PM
Response to Original message
3. "One union member held up a sign that read 'DFT is not a bank.'"
Of course it isn't.

Banks charge interest for their loans, and (at least in theory) look for people with sound financial managmenet skills to loan the money to.
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tonysam Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-12-10 01:23 PM
Response to Original message
7. This makes me wonder something...
if this is some kind of scheme to delay or subvert unemployment benefits for teachers if they are fired or laid off.

In reality it IS a salary cut and should be illegal.
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donco6 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-12-10 04:47 PM
Response to Original message
10. I don't see how this meets FLSA.
Fair Labor Standards Act demands people be paid for their work.
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-13-10 12:21 AM
Response to Reply #10
11. It sure doesn't make any sense to me
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