When Time is of the Essence, Mistakes Can Be Made
May 11, 2017
Nothing has caught attention like the desire of the Scott Administration to somehow collect some kind of savings from the savings to be found if and when our local school boards negotiate new health insurance packages with our teachers.
The administration has been promulgating a number which is, at best, 100% too big. Those of us who oppose this attempt to split the way a teacher’s salary and benefits are negotiated, which will weaken their union, have asked the Administration for numbers, and, at last, there are two different reviews of the proposal, one by the Legislature’s Joint Fiscal Office, and one by our Office of Legislative Council.
The fate of the legislative endgame is at stake with the outcome of this discussion. Up until this week, the Administration had not met with representatives of the teachers. There have been a handful of meetings this week, and the Governor is holding firm to his threat that a solution must be found to reclaim these (phantom) savings or he will veto the budget.
These two documents are lengthy, but if you want to know why I am hesitant to break into a teacher’s right to collective bargaining for the shallow claim of savings, please read them.
The Contracts Clause (of the US Constitution) provides that “[n]o state shall . . . pass any . . . law impairing the obligation of contracts….” That happens when a legislature enacts a statute that trumps the terms of an existing collective bargaining agreement.
We are a nation of laws. We should live by them. There is nothing wrong with negotiating change to collective bargaining agreements if they are done by law. Trying to step around contracts, as the Vermont School Boards Assn. and the Administration have proposed, is simply unprecedented in Vermont. That is why I will continue to support preserving the collective bargaining rights of the teachers.
Update 4:00 PM 5/11/17: The House and Senate have made a proposal that goes like this: The House and Senate will propose a three cent, immediate cut in the statewide property tax. Expectations are for $13 million savings in the first year from locally negotiated contracts. Three cent deduction is baked in for the time being and Waterbury benefits even more by starting to see the “gift” from the state for merging under Act 46. We are still checking to see if those are negatively affected. The estimates are more solid than those proposed by the Governor. What we would vote on would provide immediate and real savings to property taxpayers without disrupting relationships between school boards and teachers.
Update 10:00 AM 5/12/17: The details of the “Ashe amendment” have been made clearer, and they have inspired many more questions about the notion of calculating possible health insurance savings within the current legislative session. School boards are concerned that if they do not meet the savings that curricular programming would have to be cut back. These factors really dovetail with the need to take more time to work out what the desired outcomes should be and what the consequences may be. It’s clear to me that the issue has moved further away from the actual policy and is deadset in the middle of politics. The possibility of making mistakes grows when trying to negotiate issues in the waning days of the session.