UFT protests the unfair firing of charter school teachers
Jun 28, 2006

LINK

Showing the need for workplace protections for charter school teachers, a Brooklyn charter school teacher whose classroom skills were once praised by Chancellor Joel Klein was fired from her job because she and some of her colleagues organized to protest wages and working hours.

Teacher Nichole Byrne Lau, along with another unnamed colleague, was terminated in June by the CEO of the Williamsburg Charter School, Eddie Calderon-Melendez, after she and some of her fellow teachers at the school circulated a DOE pay schedule that showed the charter teachers were being paid less and working longer hours.

After her firing, Byrne Lau turned to the UFT for help, and President Randi Weingarten responded with a letter of protest to Melendez.

“It has come to my attention that you, as CEO of the Williamsburg Charter School, recently terminated two teachers after they attempted to organize to seek higher wages and better working conditions and benefits,” Weingarten wrote. “It is actions like this that has led us to advocate for labor rights in any reconsideration of the state’s charter law.”

The termination of Lau motivated students to sign petitions on her behalf. According to teachers, Melendez responded by telling students at an informal assembly that he did not “fire” anyone, but that he had the “right to fire teachers ‘at will’ and without explanation.”

The UFT has testified in Albany that teachers who work in charter schools need to have workplace protections before the number of charter schools across the state should be allowed to expand.

In her letter to Melendez, Weingarten said, “Charter schools, like other public schools, should be accountable and transparent and none should be allowed to intimidate or fire educators who merely want to organize for better pay and working conditions.”

Weingarten also sent letters to Chancellor Joel Klein and to New York State Education Department Associate Commissioner Shelia Evans-Tranumn.

Letters are linked below.

Jun 27, 2006 12:41 PM

Eddie Calderon-Melendez
CEO, Williamsburg Charter School
424 Leonard Street, 4th Floor
Brooklyn, New York 11222

Mr. Melendez,

It has come to my attention that you, as CEO of the Williamsburg Charter School, recently terminated two teachers after they attempted to organize to seek higher wages and better working conditions and benefits. It is actions like this that has led us to advocate for labor rights in any reconsideration of the state’s charter law.

As Americans, we cherish our basic right to freedom of expression. Many of us, and generations before us, have fought hard for the right of people to seek better wages and working conditions without fear of intimidation and reprisals.

We have been told that you refused to renew the contracts of high school teacher Nichole Byrne Lau and one of her colleagues without giving them – or the many students and parents who supported them – any reasons whatsoever.

The terminations came after teachers began holding informal discussions about their unhappiness over their wages, which were lower than in New York City public schools, the length of their working day, the lack of maternity leave and a genuine retirement plan. Some of the teachers obtained a Department of Education pay scale in March, which was the result of negotiations between the city and the United Federation of Teachers, and learned they were earning less. Some of them met with you to ask that the school conform to the DOE’s pay scale. We understand that in these meetings you expressed anger that some staffers had distributed copies of the DOE pay scale.

Ironically, approximately two months after the teachers began bringing the pay discrepancies to your attention, you issued a first-ever pay scale for the coming school year, 2006-07, that significantly raises teacher pay.

Then on June 5 you informed Ms. Byrne Lau, who has been working at your school for two years and has an exemplary record, that her contract would not be renewed. This came after years of high evaluations and repeated praise – and after you told her you were considering giving her a three-year contract. Aside from having a stellar performance record, Chancellor Klein mentioned her in glowing terms in his March 2006 newsletter.

During the meeting where you informed Ms. Byrne Lau that she would be terminated, she said you held or motioned to the DOE pay scale and said words to the effect of: Whoever thought it would be a good idea to distribute this has no idea how to run a school. A day later, you terminated the second teacher.

Since those sudden terminations, it has been reported to me that students have presented you with a four-page petition filled with signatures on Ms. Byrne Lau’s behalf. You told students at an informal assembly that you did not “fire” anyone, but that you have the right to fire teachers “at will” and without explanation.

Serious questions also have been raised about the school’s finances, potential incidents of fiscal mismanagement and employer contributions to staffers’ 401(k) plans.

As president of the New York City teachers union, a labor leader and an educator, I am appalled by what you have done and will do everything in my power to both publicize and right this wrong.

As you know, the UFT operates an elementary charter school in East New York and will open a secondary charter school in the same neighborhood in September. Unlike most charter schools, ours will operate under the teachers’ contract with pay, rights and benefits equal to those in all of the city’s regular public schools. Charter schools, like other public schools, should be accountable and transparent and none should be allowed to intimidate or fire educators who merely want to organize for better pay and working conditions.

I respectfully urge you to reconsider your actions.

Randi Weingarten

Cc: Joel Klein
Paula Gavin
Shelia Evans Tranumn

Jun 26, 2006 12:45 PM

Chancellor Joel Klein
Tweed Courthouse
52 Chambers Street
New York, N.Y. 10007

Dear Chancellor Klein,

I have attached a letter I have sent to Eddie Calderon-Melendez, the CEO of the Williamsburg Charter School in Brooklyn. I think it is self-explanatory. I have also attached your message from the March 2006 edition of City Schools in which you spoke glowingly of Nichole Byrne Lau, the teacher Mr. Calderon-Melendez saw fit to terminate, apparently for joining with some colleagues to try to get better wages and working conditions.

Since you were so impressed with the way Ms. Lau conducted her class, I respectfully ask that you join with us and use your considerable power to ensure that good teachers are not retaliated against in their quest to have a voice in the school environments.

Sincerely,

Randi Weingarten

Jun 26, 2006 12:37 PM

Shelia Evans-Tranumn
Associate Commissioner
New York State Education Department
55 Hanson Place
Brooklyn, New York 11217

Dear Commissioner Tranumn:

Enclosed is a letter to Eddie Calderon-Melendez, Chief Executive Officer of the Williamsburg Charter School. As you will read, I have serious concerns about inappropriate personnel practices and possible incidents of fiscal mismanagement at this school. Given the severity of these concerns, I request that the State Education Department, on behalf of the Regents, investigate these matters to determine if the school is in compliance with all applicable laws, regulations and charter provisions pursuant to the authority granted to the Regents under Section 2853.2 of the New York Charter Schools Act.

Thank you for your attention to this matter.

Sincerely,

Randi Weingarten

c: Eddie Calderon-Melendez