-------------------------
Via Workers World News Service
Reprinted from the Sept. 28, 2000
issue of Workers World newspaper
-------------------------

AFTER UNION CHALLENGES ANTI-LABOR LAW, AUTHORITIES 
PUT BUFFALO, N.Y. TEACHERS UNDER THE GUN

By Beverly Hiestand
Buffalo, N.Y.

Nearly 3,800 Buffalo, N.Y., city teachers walked out of 
their classrooms and onto picket lines on Sept. 7 and again 
on Sept. 14. Their seriousness was measured by their 
knowledge that under the union-busting New York State Taylor 
Law each of them can be jailed and fined two days pay for 
every day they are not in school. Under this same repressive 
law the entire Buffalo Teachers Federation could also be 
fined.

Despite attempts by the Board of Education and media to 
drive a wedge between teachers and school communities, polls 
reveal that support for teachers is strong.

After one day out on the picket lines, the teachers had 
agreed to go back to work on Sept. 8 to show their 
willingness to continue negotiating and their desire to 
provide education for their students. Schools reopened Sept. 
11 after marathon bargaining and a request from the Public 
Employees Relations Board.

On Sept. 12, in a State Supreme Court hearing, Judge Kevin 
Dillon upgraded a temporary order barring a strike to a 
preliminary injunction. This injunction prohibits teachers 
from striking.

However, on Sept. 14 the teachers again marched on picket 
lines after the Board of Education reportedly placed 
proposals on the table and then withdrew them. Again the 
union responded to a request by PERB to return to work while 
the two sides awaited a proposal by PERB mediators on Sept. 
19.

But on Sept. 18, BTF President Phil Rumore and three other 
union officers were forced to appear in State Supreme Court 
before Judge Dillon. They were arraigned on contempt of 
court charges.

Dillon told the union leaders that he would only grant 
adjournment of the contempt charge if they would agree to 
abide by his injunction. After consultation with the 
executive board and attorneys, Rumore turned down the 
judge's ultimatum.

The anger and determination of the teachers is also fueled 
by the fact that 10 years ago the BTF signed an agreement 
with the Board of Education that included a substantial wage 
increase. Later, after the teachers ratified the agreement, 
the Board of Education withdrew the proposal.

The teachers union won decisions from the highest courts in 
the state ordering the board to give teachers their back 
pay. They even agreed to a smaller sum of money. But the 
board didn't meet its obligation to pay them by the 
beginning of this school year.

Rumore, measuring the anger and frustration of his members 
towards the Board of Education, said in an article in the 
Sept. 10 Buffalo News, "I think most of us believe they are 
trying to break the union."

WHY THEY WALKED

The teachers voted to strike shortly before the school year 
began. The vote was held at a mass meeting of BTF members 
held at Kleinhan's Music Hall within days of the opening of 
school. At that meeting over 90 percent of the teachers 
voted to authorize a strike.

The immediate cause of their job action was the fact that 
the teachers have been working without a contract for over 
14 months.

In addition, an unresolved issue at the bargaining table has 
reportedly been job security and benefits for active 
teachers and retirees. And the union is demanding the 
restoration of some of the educational programs for students 
that have been cut and the improvement of existing programs.

In particular, the union is trying to restore art, music and 
physical education to the lower grades. These programs were 
cut years ago.

Most importantly, the union is fighting to prevent the 
privatization of some of the student and family services 
currently provided by its members. It is negotiating 
professional training days for its teachers.

Of great significance to the communities, the union is 
calling for reducing the size of classes that include 
children with special education needs so that teachers can 
enhance the quality of education for all the students in 
those classrooms.

But the last straw that forced the teachers to walk out was 
the proposal by the Board of Education that teachers receive 
no pay increase for the first two years of a four-year 
contract and a 1 percent increase for each of the next two 
years. The Board of Education also proposed a cutback in 
healthcare payments for retirees and the newly hired.

Administrators, along with teachers' aides, had already 
received a three-and-a-half-percent raise for three of the 
next four years. Teachers on the picket lines carried signs 
reading: "New multi-year contracts for all--but not for 
teachers. Why?"

In an attempt to undermine the union, the Board of Education 
falsely claimed that city teachers are already overpaid 
compared to their peers throughout the region. In fact, 
studies reveal that the top pay scale in Erie County's 
larger suburbs is higher and teachers can reach it more 
quickly.

SUPPORT FOR TEACHERS GROWS

The teachers have remained unified and strong.

Teacher Len Noworyta compared this strike to one by city 
teachers in 1974. In a Sept. 11 Buffalo News article 
Noworyta commented, "Our support is stronger this time. 
People are angry and they're sticking together."

The same article pointed out that only 29 teachers crossed 
the picket line.

The Board of Education and the Buffalo News tried to pit 
teachers and parents against each other.

Unfortunately both walkouts were announced after many 
children were already on the bus to school. Rumore explained 
that negotiations had gone on all night long and the 
teachers had tried not to go out on strike if progress could 
be made at the bargaining table.

And teachers on the picket lines blamed this situation on 
the Board of Education's refusal to bargain in good faith.

Every one of the 16 teachers interviewed by the Sept. 11 
Buffalo News expressed regret about having to walk out 
because of the impact on their students. And teachers on the 
picket lines explained that it is very common for them to 
spend significant amounts of their own money and time to 
help their students in this under-funded district.

"I love these kids like I love my own," said Cynthia 
Cercone, a science teacher at Lafayette High School. "But I 
also feel undervalued and unappreciated."

Yet in spite of all the bad-mouthing by the bosses and the 
media, polls reveal that the attempts to prevent community 
support for the teachers have not been successful.

On the basis of years of experience parents have learned 
that the teachers--in spite of all the difficulties imposed 
on them by the Board of Education and the city and state--
have tried to do right by the children by winning smaller 
class sizes, better conditions, and improved cultural and 
athletic programs.

This is revealed by the results of a poll conducted by Zogby 
International reported in the Sept. 17 Buffalo News. It 
revealed that 59 percent of Erie County respondents--from 
the city and the suburbs--thought that the teachers had 
legitimate complaints.

In a smaller poll within the city, support for the teachers 
was even greater: 76 percent of the respondents said the 
teachers have legitimate complaints and 50 percent supported 
the strike.

Some parents of students at School 39 have joined the picket 
lines in front of the school. A resident watching teachers 
picket across the street from her house told the News 
reporter, "I think they should be out striking. I think I 
should be here with them."

TAYLOR LAW A FORMIDABLE OBSTACLE

As positive as the public support is, teachers still face 
many obstacles. They are up against the fines and threats of 
jail from a union-busting judge. They have to build bridges 
to the children and parents of the large oppressed 
communities in Buffalo. It's a wake up call for the union to 
reorganize and reflect a more multinational leadership.

Probably the most formidable obstacle the teachers face, 
however, is the New York State Taylor Law. This law violates 
the most basic right won and exercised by all non-public 
sector unions and by public sector unions in other states--
the right to withhold labor.

This is a right that historically enabled the working class 
to win the eight-hour work day, an end to child labor, safer 
working places, a living wage and benefits too numerous to 
mention.

Certainly, there are many allies--especially other public 
sector workers and the communities who use the services that 
these workers provide--who can be mobilized to overturn this 
repressive law once and for all.

- END -

(Copyleft Workers World Service: Everyone is permitted to 
copy and distribute verbatim copies of this document, but 
changing it is not allowed. For more information contact 
Workers World, 55 W. 17 St., NY, NY 10011; via e-mail: 
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