From Erin Mendez – Minority at Large Director
Here are the results of the 2021-22 TALB Bargaining Survey
Results – Bargaining Survey 2021-22
Start: 2021-06-04 06:30:00 America/Los_Angeles
End: 2021-06-14 16:30:00 America/Los_Angeles
Turnout: 1367 (40.3%) of 3389 electors voted in this ballot.
Member Organizing Results
1) Are you willing to:
Write emails to Board of Education members?
Yes 970 (73.9%)
No 343 (26.1%)
Abstain 54 (4.0%)
2) Are you willing to:
Write emails to Executive Staff (Superintendent, Deputy Superintendent, Assistant Superintendents, etc.)
Yes 903 (69.1%)
No 403 (30.9%)
Abstain 61 (4.5%)
3) Are you willing to:
Attend Board of Education meetings?
Yes 742 (56.8%)
No 564 (43.2%)
Abstain 61 (4.5%)
4) Are you willing to:
Leaflet (engage) parents and community members?
Yes 505 (38.9%)
No 794 (61.1%)
Abstain 68 (5.0%)
5) Are you willing to:
Rally / Protest at Board of Education meetings?
Yes 766 (58.9%)
No 534 (41.1%)
Abstain 67 (4.9%)
6) Are you willing to:
Rally / Protest at Executive Staff’s homes?
Yes 207 (15.8%)
No 1099 (84.2%)
Abstain 61 (4.5%)
7) Are you willing to:
Rally / Protest at Board of Education members’ homes?
Yes 198 (15.1%)
No 1113 (84.9%)
Abstain 56 (4.1%)
8) Are you willing to:
Yes 786 (61.5%)
No 493 (38.5%)
Abstain 88 (6.4%)
Member Climate / Culture Results
1) How is your morale after teaching for about a year and a half during the pandemic?
Very High 42 (3.1%)
High 180 (13.3%)
Indifferent 329 (24.3%)
Low 480 (35.5%)
Very Low 321 (23.7%)
Abstain 15 (1.1%)
2) The District has promoted “self-care”. How sincere do you believe your site administrator is regarding “self-care”?
Very sincere 191 (14.1%)
Sincere 431 (31.8%)
Indifferent 320 (23.6%)
Not sincere at all 413 (30.5%)
Abstain 12 (0.9%)
3) Does your site administrator demonstrate empathy consistently?
Very consistent 290 (21.5%)
Consistent 395 (29.3%)
Somewhat consistent 374 (27.7%)
Not consistent at all 290 (21.5%)
Abstain 18 (1.3%)
4) There will be equity training provided over the summer. Do you feel you have a clear idea on what equity means?
Absolutely Yes 349 (25.9%)
Mostly Yes 639 (47.3%)
Mostly No 239 (17.7%)
Absolutely No 123 (9.1%)
Abstain 17 (1.2%)
5) Do you feel that your site administrator consistently practices equity?
Very consistent 206 (15.6%)
Consistent 447 (33.8%)
Somewhat consistent 390 (29.5%)
Not consistent at all 281 (21.2%)
Abstain 43 (3.1%)
6) The District has proposed additional staffing to support schools for the 2021-22 school year. Were you involved in those decisions?
Absolutely Yes 61 (4.5%)
Mostly Yes 155 (11.5%)
Mostly No 312 (23.2%)
Absolutely No 815 (60.7%)
Abstain 24 (1.8%)
7) The District is receiving more funding to support schools for the 2021-22 school year. Were you involved in how these funds would be spent at your site?
Absolutely Yes 60 (4.5%)
Mostly Yes 176 (13.1%)
Mostly No 349 (26.0%)
Absolutely No 759 (56.5%)
Abstain 23 (1.7%)
Pandemic Time Capsule Interest
Would you be interested in contributing to the collection of experiences and stories about teaching during a pandemic? Reflecting on what went right? What went wrong? Moreover, what could we have done differently?
Absolutely Yes 129 (9.9%)
Mostly Yes 309 (23.6%)
Mostly No 616 (47.1%)
Absolutely No 254 (19.4%)
Abstain 59 (4.3%)
Bargaining Priorities (Rank order 1-5)
2nd Fringe Benefits (Medical, Dental, Vision, etc.)
3rd Class Size
4th Days & Hours
5th Due Process
Abstain 15 (1.1%)
1) The Electronic Update (E-Update) will be getting a makeover during the summer. Do you receive the E-Update in your email?
Yes 1115 (83.8%)
No 215 (16.2%)
Abstain 37 (2.7%)
2) Do you read the E-Update?
Yes 1073 (82.0%)
No 236 (18.0%)
Abstain 58 (4.2%)
At the time of this writing, the State legislature and governor have not finalized a fiscal budget for 2021-22 , but should, by the end of next week. In the early fall the bargaining team will review the data (as well as thousands of individual comments) and craft a bargaining proposal to be approved by the TALB Executive Board and then the TALB Representative Council.
After that is completed, the next step is to formally “sunshine” the bargaining proposals. The term sunshine refers to the process of sending a document over to the District so that they can publicly disclose (sunshine) the negotiation interests for both TALB and LBUSD in a school board agenda. The public is given time to make comment on these proposals. This could happen in September or October. Once both parties (TALB & LBUSD) have sunshined their proposals, bargaining dates will be scheduled. Then the dance begins. Your bargaining team will need your support. We can ask for things, but if management doesn’t think we’ll turn out and organize around priorities, we will be at a disadvantage.
TALB’s Bargaining Team
Corrin Hickey, Bargaining Chair, Lakewood High School
Gerry Morrison, McBride High School
John Kane, Jordan High School
Mark Ennen, Newcomb K-8
Kevin Quinn, Los Cerritos Elementary School
Maritza Summers, Mann Elementary School
John Solomon, MacArthur Elementary School
Maria Garcia, Head Start
Sybil Baldwin, Child Development Center
Letter from the LBUSD Legal Counsel re: Response to Order to Show Cause
The Long Awaited LBUSD Communications Audit is Now Available for Download.
By Spencer Bokat-Lindell, Staff Editor, Opinion
In the pandemic’s earlier stages, before a coronavirus vaccine even existed, assuaging skepticism about it was a charge that seemed at once urgent and almost wishful, like taking pains in the middle of a drought to guard against the next season’s floods. But four months into the U.S. vaccination drive, there are already signs of rain: In several states now, vaccine supply appears on the verge of outstripping demand, even as the country remains at least some 100 million immunizations away from herd immunity.
Faced with the prospect of a protracted public health crisis, a growing number of colleges and employers have said they will require their students and workers to get vaccinated. Such mandates played an important role in fighting smallpox in the United States a century ago. Are they a necessary step in the path toward herd immunity or an unethical, potentially illegal policy that could set the country back? Here’s what people are saying.
Could Americans really be required to get vaccinated?
It depends on who would be doing the requiring.
Private vaccine mandates have broadly been considered legal:
Since the 2009 swine flu pandemic, the Equal Employment Opportunity Commission has held that employers are allowed to require their employees to receive certain vaccinations, provided they are offered reasonable accommodations based on religion or disability.
As Dorit Rubinstein Reiss, a professor at the University of California Hastings College of the Law, also points out, “the general legal reality is that employment in the United States is at-will, and employers can fire employees for almost any reason, with few exceptions from anti-discrimination laws.”
For government mandates, it’s a little more complicated:
Since 1905, when the U.S. Supreme Court let stand a Massachusetts law that levied fines against people who refused smallpox inoculation, the courts have routinely upheld the states’ authority to enforce vaccination if necessary for public health. It is because of that precedent that all 50 states have been able to impose school immunization requirements. Adult mandates are less common, but at least 16 states require some form of vaccination for postsecondary education.
Much more uncertain is whether the federal government can issue vaccine mandates outside of the military; its authority to do so has never been tested in court, MaryBeth Musumeci and Jennifer Kates Follow write for Kaiser Health News.
Covid vaccine mandates will almost certainly encounter legal trouble, whatever form they take. That’s because the Food and Drug Administration has authorized them for only emergency use. Under the 2004 federal law that governs emergency use authorization, or E.U.A., individuals must be informed “of the option to accept or refuse administration of the product, of the consequences, if any, of refusing administration of the product.” Many legal experts have interpreted this language to mean that mandatory Covid vaccination would be illegal until the F.D.A. grants full approval.
The E.E.O.C., for its part, has not waited for that step: In December, the agency said employers would be within their rights to require Covid vaccination and bar employees who refused from the workplace. Still, “there almost certainly are going to be legal challenges because the anti-vaccine movement is already preparing for them,” Reiss says. “The main arguments will include the E.U.A. question and the fact that these vaccines are early” in use.
Who should mandate Covid vaccination?
In The Times, Ezekiel J. Emanuel, Aaron Glickman and Amaya Diana argue that health care organizations should be the first institutions to impose mandates on their employees, obligated as they are to protect patients. According to a survey conducted by the Kaiser Family Foundation and The Washington Post, 18 percent of all frontline health care workers say they do not plan to get a shot, including 24 percent of nursing home workers.
“This vaccine hesitancy can have consequences,” they write, noting that 11 percent of skilled nursing facilities nationwide have recently seen at least one staff case of Covid-19. “None of us likes being told what to do. But getting vaccinated is not just about our personal health, but the health of our communities and country.”
But others argue that vaccine mandates, if they must be imposed, should come from the state, not employers. “When a company demands that its employees should be vaccinated, this dictate expresses the private power of capital over individuals in ways we should be reluctant to accept,” Katie Attwell and Mark Navin write in The Times. “It’s different when the government requires vaccinations, since mandates are typically introduced, removed or modified by democratically elected legislatures, lending legitimacy to public efforts to govern people’s immunization choices.”
The case against vaccine mandates
Legal issues aside, mandating vaccines that have not received full authorization from the F.D.A. would raise serious ethical concerns, Aaron Siri argues in Stat. While the F.D.A. set a very high standard for authorizing Covid vaccines for emergency use — “a clear and compelling” demonstration of safety and efficacy from a Phase 3 clinical trial — it may still be a few months before vaccine makers receive full approval.
“The abbreviated timelines for the emergency use applications and authorizations means there is much the F.D.A. does not know about these products even as it authorizes them for emergency use, including their effectiveness against asymptomatic infection, death, and transmission,” Siri writes.
There’s also a risk that vaccine mandates will backfire, as a December article in the Journal of the American Medical Association argued. “Mandates can undermine public support, creating a backlash and even reducing vaccine uptake,” Lawrence O. Gostin, Daniel A. Salmon and Heidi J. Larson wrote.
Their fears were not unfounded: As Attwell and Navin note, the few private mandates that do exist have already received political pushback.
In New Jersey, a Republican lawmaker is proposing a law that would make Rutgers University revoke its mandate for students.
It seems unlikely that those same legislatures would impose their own mandates, and President Biden has said he will not impose a federal one. Even if the political will existed to pass such policies, it’s not clear how they would be enforced.
What are the alternatives? Legal, management and medical experts have proposed a number of less heavy-handed measures that can be used to encourage vaccination:
Medical institutions, for example, could prompt clinician assistants to ask patients about getting vaccinated, which has been shown to increase flu vaccination rates by nearly 10 percentage points.
More colleges and universities could adopt “soft mandates”: requiring unvaccinated students to continue weekly asymptomatic testing, as the University of California, San Diego, is planning, or exempting vaccinated students from campus mask mandates, as Dickinson State University says it will do.
Employers can create their own positive incentives, too, Attwell and Navin argue. Target, for example, has said it will pay workers up to four hours of pay to get vaccinated, on top of covering Lyft rides to and from appointments. Other options might include workplace signage, gift cards and mobile vaccination clinics brought to the workplace.
“There’s a lot of challenges with mandating employees to do anything,” Nancy Rothbard, a professor of management at Wharton, told CNBC last week. “Trying really to incentivize people to get vaccinated, I think, is going to be a much more popular route than mandates.”
Do you have a point of view we missed? Email us at firstname.lastname@example.org. Please note your name, age and location in your response, which may be included in the next newsletter.
MORE ON VACCINE MANDATES
“Vaccine Mandates in the Time of Covid-19” [The Regulatory Review]
“When Are Vaccine Mandates Appropriate?” [AMA Journal of Ethics]
“Should health care workers be required to get coronavirus shots? Companies grapple with mandates.” [The Washington Post]
“We Can’t End the Pandemic Without Vaccinating Kids” [The New York Times]
It’s time for TALB Site Rep Elections for 2021-22.
Now is the time for each site to hold its TALB Site Representative Elections for 2021-22!
Email Veronica Castillo at TALB (email@example.com) if you are interested in running as a Rep, or Alternate as soon as possible. Each site is entitled to 1 Rep for every 15 Association members at your site or major portion thereof (1:15). Interested candidates who email Veronica will be provided with a current roster of members at the site. Please return to Veronica should there be any changes.
COVID-19 Tentative Agreements and Memorandums of Understanding 2020-2021
Links below open a pdf version of the Tentative Agreements and Memorandums of Understanding