Teacher's Unions - Past and Present

Modern teachers' unions grew out of the labor movement of the 1930s, but were not legitimized until the 1960s when they expanded dramatically and won the right for their members to bargain collectively in many states. The two major teachers' unions are the National Education Association (NEA) and the American Federation of Teachers (AFT). Early in their histories, the unions' emphasis was on improving compensation and working conditions for their members, but they have transitioned to become much more active politically and have a forceful lobby for public educational policy. Despite issues and setbacks such as losing members to small unions and non-affiliated teachers organizations, membership in the unions continues to grow overall.

Keywords AFL-CIO; Association of American Educators (AAE); American Federation of Teachers (AFT); Collective Bargaining; National Education Association (NEA); National Labor Relations Act; No Child Left Behind Act (NCLB); Political Action Committee; Public Employees; Shanker, Albert; Taft-Hartley Labor Act; Unions

Overview

In her 1982 article, "Teachers are Organized, But to What End?" educational activist and teacher Susan Ohanian was critical of the motivations of teacher unions. They appeared to her at the time to be less interested in teachers than in public relations and setting a political agenda (Ohanian, 1982). Whether the unions have sufficient interest in the concerns of their members may still be argued today, but there is no doubt that the two major national unions, the National Education Association (NEA) and the American Federation of Teachers (AFT) carry as much political clout as they ever have.

The National Education Association (NEA) was founded in 1856 as the National Teachers' Association. Modern teachers' unions, however, are little more than forty years old. Their membership did not expand significantly until the early 1960s, a time of social ferment of all kinds. The movement was spurred by the actions of the United Federation of Teachers in New York City. Among the activists was Al Shanker, who came to personify the teacher's union movement. He was involved as early as the 1950s in fighting for teachers rights, bringing collective bargaining to New York in the 1960s. Later, as President of the American Federation of Teachers, he transitioned the national organization into a powerful lobby for educational policy by the time of his death in 1997.

"Ironically, it was the fear of Mr. Shanker that helped push the National Education Association toward collective bargaining, thus spreading teacher unionism around the country" (Kerchner, Weeres, & Koppich, 1997, para. 3). At the time that Ohanian's (1982) article appeared, the report, "A Nation at Risk" by the National Commission on Excellence in Education (1983) criticized public education for permitting a "rising tide of mediocrity." Shanker used the opportunity to remold the union away from their labor union model to one more concerned with strengthening education. Shanker "… realized that teachers couldn't be strong when education was weak" (Kerchner et al., 1997, para. 4).

The teachers' unions of the 1960s were modeled on the steel and auto workers' unions that were validated in the 1930s with passage of the Norris-LaGuardia Act of 1932 and the Wagner Act of 1935. Norris-LaGuardia ensured that employees could join unions without employer interference and a few years later, the Wagner Act, also known as the National Labor Relations Act (NLRA), protected union members from retribution by anti-union employers. Later, the Taft-Hartley Act (1947) modified the Wagner Act and reined in unions by outlawing requiring employees to join a union and requiring advance notice of a strike.

Collective Bargaining for State Employees

These laws, of course, applied to the private sector, not to public employees. It was not until 1962 when President Kennedy signed an Executive Order (10988) that collective bargaining rights were granted to Federal employees. State employees, however, were excluded because each state was viewed as a separate political entity, not subject to Federal legislation but Kennedy's action gave impetus to state employees to organize (Wright & Gunderson, 2004, p. 2). Wisconsin was the first state to grant collective bargaining rights to public employees.

Although a majority of states allow public employees to organize and conduct collective bargaining, many have "no strike" restrictions. A strike would impede delivery of essential public services, such as providing education to students or fighting fires. Northern and Midwestern states, with their history of labor union and industrialization, have been most receptive to teachers unions and collective bargaining.

The NEA & AFT

The National Education Association is the largest teachers' union. In its report to the Department of Labor for 2005-2006, it listed its membership at 2.76 million including teachers, support professionals, students, and retirees. Critics charge that the organization is too top-heavy with a national staff of more than 600 employees, more than half of whom earn over $100,000 a year. Total disbursements for the NEA were reported at $344 million (U.S. Dept. of Labor, 2007).

The U.S. Department of Labor website posted the American Federation of Teacher's report for 2006-2007 in September 2007. The AFT evolved historically from working class immigrant roots and is affiliated with the AFL-CIO. It reported 832,000 members and reports disbursing nearly $200 million. A large proportion of the AFT's membership is located in urban areas, in contrast to the much larger NEA whose membership is spread throughout the country (U.S. Dept. of Labor, 2007). Because of the AFT's concentration in the cities it has had more visibility over the years than the NEA due to its easier access to the ears of the national media. Attempts have been made for the two unions to merge since their common objectives generally outweigh their differences. They do share a formal partnership and frequently join to support specific legislative actions.

Although teachers' unions are the only labor organizations that have shown measurable growth in the last decade, they still face membership challenges. At the 2004 annual convention of the NEA, membership and revenue were at the top of the agenda and the organization inaugurated new strategies to expand membership (Golden, 2004). The AFT also recently initiated strategies to foster commitment to membership after years of inaction ("AFT Organizing," 2006). Newer, younger teachers are particularly a hard sell because they do not have the historical perspective of the purpose of unions and do not necessarily appreciate the significance of union membership. They also are less willing to pay rising membership fees, which vary from state to state, but may exceed $600.00 a year, which include local, state and national dues.

Recent Corruption

The image of the union has not been helped by several recent corruption cases in which leaders of two major local affiliates of the AFT were charged with embezzlement. Union members were demoralized when the head of the United Teachers of Dade County (UTD - Miami, Florida) and the Washington Teachers Union (WTU -Washington, DC) were jailed for embezzling union funds. The President of WTU admitted to siphoning more than $4.6 million from 1995 to 2002. Five months later, the president of the Miami local was indicted after an audit revealed that he had taken $3.5 million over a decade. Officers of the national organization acted fast to remedy the situations but could not escape pointed criticism for their lack of oversight. The damage at the local level was devastating, and neither union has fully recovered (Blair, 2004).

As in all occupations, the preoccupation of those in the teaching rank and file is with their daily duties in their assigned classrooms. They pay their dues to their union, participate as required, and rightfully go about their important assignment of educating children. When asked about her reaction to the Washington Teachers Union scandal, prekindergarten teacher Tanya Copeland said that restoring union trust there was going to be a long process and commented that, "I'm not a political person - I'm a productive person. Teaching and learning come first" (cited in Blair, 2004, para. 20).

Teachers' unions, like other unions and powerful professional organizations, also protect their own, and may even defend "bad teachers." Elementary school principal Michael Jazzar (2006) writes of his frustration with the unions and desire to work with poor teachers to further their ends. He says that "the unions undermine their verbal commitment to having a qualified teacher in every classroom by their opposition to the disciplining or dismissal of weak teachers and to providing merit pay or bonuses for outstanding teachers" (Jazzar, 2006, p. 70). Critics accuse unions of standing in the way of progress and needed educational reforms. At the same time, "…many leading unionists agree that their future is not in bread, butter, and classroom size bargaining but in their ability to improve the quality of education and the status of teaching as a profession" (Meyer, 2005, p. 138).

The Unions' Political Activity

The teachers' unions' involvement in politics and educational legislation has been contentious and at times divisive. The union rights struggle is an on-going win-some, lose-some proposition. In June 2007 the Supreme Court in Davenport v. Washington Education Association (WEA) issued a decision that was viewed to have some impact on union political activity. It upheld a 1992 Washington State statute prohibiting unions from using nonmembers' agency fees to make political contributions (Levinson, 2007). Although viewed as a win for nonmembers, the decision is unlikely to have widespread impact, especially since in the end it had to do as much with how they collected the fees rather than what they did with them.

A win for the unions came during the same month as the Supreme Court decision, June 2007, when the Missouri Supreme Court restored collective bargaining rights to that state's public employees and teachers. The case was viewed as a victory by members of the states' NEA affiliate (Honawar, 2007).

Further Insights

Alternatives to Union Membership

Teachers' unions often espouse liberal causes. The NEA involves itself in supporting controversial issues such as gay rights, gun control and reparations for slavery (NEA, 2007). Both major unions encourage their members to be politically active and to lobby their state and federal officials.

What if a teacher does not agree with its union's stance on a political or social issue? An individual member can do little. A union represents teachers in collective bargaining and personnel issues, but dues are also sent to the state and national organizations. In many states there are no alternatives to union membership. If a teacher does not want to pay dues, they are still required to pay the union's agency fees for services.

In states without collective bargaining laws, teachers may join non-union professional organizations. In fact, not all of the nation's teachers belong to the NEA or AFT. There are also over 800,000 non-affiliated teachers in the country, and others are members of smaller local or regional unions. Non-union teachers groups with at least 250,000 members in 18 states offer "… lower state dues and no required fee that goes to a national organization," as well as "… a less-confrontational attitude toward school boards and fewer social pronouncements" (Golden, 2004, p. A1).

However, an umbrella organization for non-union teachers' groups, the Association of American Educators (AAE), is increasingly visible nationally. Along with the NEA and AFT, they have a Washington, DC central office, but they state pointedly that they do "not spend any of our members' dues on partisan politics, nor do we support or oppose controversial agendas unrelated to education" (Association of American Educators, 2007).

Even though the AAE vows not to enter into politics or controversy, their affiliates do not necessarily follow the lead. Funding for teachers' non-union groups is reportedly coming from conservative foundations including the John M. Olin Foundation and Walton Family Foundation (Walt-Mart). "… Nonunion associations are becoming political too … whether they intend to or not, according to Director Doug Rogers of the 100,000 member Association of Texas Professional Educators," (cited in Golden, 2004). Ironically, politics and teachers' organizations seem to be inseparable whether the lobbying is directed from the Washington offices of the big unions or through financial support from conservative foundations. Golden (2004) says that the groups are mirroring the origins of the NEA before it transitioned into a union in the 1960s. Like the NEA, the non-union associations provide liability insurance and other benefits and a modicum of teacher training, and they lobby state legislatures for more education spending.

Reauthorizing NCLB

The NEA's political action committee (PAC) gave $1.8 million to candidates for federal office for the 2006 election campaigns of which Democrats received 89 percent (Caruso, 2007). After the elections of 2006 swung Democrats into power in Congress, NEA and AFT officials could rightfully be optimistic that their recommendations for revisions to the No Child Left Behind Act of 2001(NCLB), scheduled for reauthorization in 2007, would be supported.

The unions' websites prominently display their agendas for revamping the act. The NEA advocates going beyond tests to measure learning and school performance; wants to reduce class sizes; and wants to increase the number of highly qualified teachers in schools (NEA, 2007). The AFT wants to "get NCLB right" and has four areas of focus including:

• Changing the adequate yearly progress formula (AYP) to distinguish between effective and ineffective schools;

• Better implementing the highly qualified teacher requirements;

• Improving schools and student services; and

• Appropriating more funding to education to support the NCLB mandates (AFT, 2007).

On the last point, the NEA, AFT and Democratic leaders clearly agree. Each has criticized the Bush administration for not putting additional funding behind the mandates of NCLB, but Caruso (2007) warns that the unions are expecting too much of the politicians and they may be bound for disappointment if they think they are going to get an ambitious overhaul of NCLB. She reports that it is unlikely that the Act will be reauthorized until 2009, after the Presidential elections.

Merit Pay

Teachers' unions are on record as resisting merit pay programs. The concept has also been rejected by many teachers who don't want to be seen as competing against one another. The NEA states that the Democratic Presidential candidates are opposed to merit pay; however, Congressional leaders are considering it as part of the NCLB reauthorization (NEA, 2007). The AFT stance is less adamant in opposing merit pay if it is given in restricted ways, but finds it acceptable if it raises the quality of teaching (Dillon, 2007).

Dillon (2007) reported on a successful program in Minnesota that was funded with $86 million dollars and with the cooperation of the teacher's unions. The Minnesota plan is very specific in that it rewards teachers who work with mentors and then receive bonuses after raising student achievement. Denver voters also recently approved a new pay system that rewards teachers for their skills and achievements (Dillon, 2007).

The U.S. Department of Education awarded 18 grants in 2007 worth $38 million and $42 million November to eighteen states for providing financial incentives to teachers, so although limited, schools are feeding what Dillon says is a "consensus … that rewarding teachers with bonuses or raises for student achievement … can energize veteran teachers and attract bright rookies to the profession" (p. A1).

Viewpoints

Although teachers' unions were modeled on the industrial American labor unions and their reason for being was to improve work conditions and compensation, the difference between them has always been professional identity. Labor unions began as grassroots movements to ensure rights and improve working conditions for uneducated, and in most cases, unskilled workers. Teachers, of course, have academic training and degrees and, as a consequence, involvement of professional teachers in a union still is contradictory to some. On the other hand, there are those who question whether teaching is a profession. Paradoxically, because their members are credentialed, the teachers' unions are further legitimized.

Although their reports to the U.S. Department of Labor clearly indicate that NEA and AFT officials are well compensated, they are also generally highly qualified. Many of them moved into the union positions because they were recognized as outstanding teachers and leaders. The Presidents of the NEA and AFT should know whereof they speak as each experienced years of teaching in the classroom before they found their calling as union administrators.

Industrial labor unions have declined in the United States, but teachers' unions continue to evolve of their on accord and as they venture farther from their models. Although the teacher's unions remain strong, they are continually scrutinized and threatened with membership loss. As the teachers' union movement matured, organizations that centered solely on the concerns of the teachers was limiting. Without a strong educational system, unions saw that they could not be successful; the two are intrinsic to one another.

Questions are raised by both supporters and critics about the teachers' union's place in 21st century American education. Does an organized teacher workforce advance or hinder student success? Does it have any impact at all? Union advocates point to a scholarly research study by Steelman, Powell and Carini (2000), who asked the question "Do Teacher Unions Hinder Educational Performance?" They studied state SAT and ACT scores and did find a correlation that teachers' unions correlate positively with the test results. The authors claim that their inquiry began from an unbiased viewpoint, but they found such a strong and consistent relationship "across so many permutations of analysis should give pause to those who characterize teacher unions as adversaries of educational success and accountability" (Steelman, Powell & Carini, 2000). The results are not definitive; the authors called for more empirical studies.

Terms & Concepts

AFL-CIO: The American Federation of Teachers is an affiliate of the AFL-CIO (The American Federation of Labor - Congress of Industrial Organizations) along with fifty-four other unions representing over ten million members. The organization promotes the union movement and endorses improvement of work conditions and compensation for its affiliated membership.

Association of American Educators (AAE): The Association of American Educators is the largest national, non-union, professional teacher association. It serves as an alternative to the large teacher's unions and has a central office in Washington, D.C.

American Federation of Teachers (AFT): The American Federation of Teacher, the United States' second largest union of educators, traces its origins to 1916 and is closely aligned with the labor movement as an affiliate of the AFL-CIO.

Collective Bargaining: The practice where a group of workers or professionals (teachers) select a single organization to represent them in contract negotiations with employers.

National Education Association (NEA): The National Education Association (NEA) is the largest teachers' union in the United States and has as its motto, "great public schools for every child."

National Labor Relations Act: Also known as the Wagner Act of 1935, the National Labor Relations Act protects employees who choose to organize and "to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid and protection." The law also provides for the National Labor Relations Board that enforces union member rights.

No Child Left Behind Act of 2001 (NCLB): No Child Left Behind Act - Federal legislation enacted in 2001 that is due for renewal in 2007. A primary goal of the Act is to close educational achievement gaps and to bring underperforming schools up to higher, acceptable standards. This includes the requirement that every child should be taught by a highly qualified teacher.

Political Action Committee: A political action committee or PAC is a private group that is organized to elect or defeat federal political candidates or legislation. The NEA and AFT PACs are among the most influential and wealthiest. All PACs are regulated by the Federal Election Commission and are restricted by the amounts of money they may distribute or contribute to individual politicians.

Public Employees: A public employee works for a tax-supported entity such as school or government agency as opposed to a private entity. Employment laws for public employees of state or local governments or school districts are set by the states and may vary.

Shanker, Albert: Albert Shanker personified the teachers' union movement. Born in 1928 in New York City, he became active in New York City teachers' employment issues in the 1950s and was instrumental in the modern union with collective bargaining in the 1960s. When he died in 1997, he was President of the American Federation of Teachers, a position in which he had served for 25 years.

Taft-Hartley Labor Act: The Taft-Hartley amendment to the National Labor Relations Act of 1935 was passed in 1947 over a veto by President Truman. The legislation dampened the unions' power by not requiring employees to join a union and requiring notice of a strike. It also specified that union officials take an oath that they were not members of the Communist Party.

Bibliography

AFT organizing agenda stresses growth and member activism. (2006). American Teacher, 90 , 10.

American Federation of Teachers (AFT). Retrieved October 7, 2007, from http://www.aft.org/

Association of American Educators (AAE). (2007). About us. Retrieved October 12, 2007, from http://www.aaeteachers.org/aboutus.shtml

Blair, J. (2004). State of the unions. Education Week, 23 , 30-33. Retrieved October 7, 2007 from EBSCO Online Database Academic Search Premier. http://search.ebscohost.com/login.aspx?direct=true&db=aph&AN=12481768&site=ehost-live

Caruso, L. (2007). Teacher tensions. National Journal, 39 , 27-28.

Dellinger, J., Osorio, I. & Hybner, J. (2007). Teachers unions fighting for universal preschool. Human Events, 63 , 17-20. Retrieved October 7, 2007 from EBSCO Online Database Academic Search Premier. http://search.ebscohost.com/login.aspx?direct=true&db=aph&AN=25691353&site=ehost-live

Dillon, S. (2007, June 18). Long reviled, merit pay gains among teachers. New York Times, A1, A14.

Drevitch, G. (2006). Merit pay: good for teachers? Instructor, 115 , 21-23. Retrieved October 7, 2007 from EBSCO Online Database Academic Search Premier. http://search.ebscohost.com/login.aspx?direct=true&db=aph&AN=19417144&site=ehost-live

Golden, D. (2004, July 28). Nonunion teacher groups cost NEA membership and clout. Wall Street Journal - Eastern Edition, A1-A6.

Honawar, V. (2007). Missouri's high court rules for union rights. Education Week, 26 , 17. Retrieved October 7, 2007 from EBSCO Online Database Academic Search Premier. http://search.ebscohost.com/login.aspx?direct=true&db=aph&AN=25383677&site=ehost-live

Jazzar, M. (2006). Leading a unionized elementary school. Principal, 85 , 70. Retrieved October 7, 2007 from EBSCO Online Database Education Research Complete. http://search.ebscohost.com/login.aspx?direct=true&db=aph&AN=19745833&site=ehost-live

Keller, B., & Honawar, V. (2006). Union filings give in-depth look at spending patterns. Education Week, 25 , 7. Retrieved October 7, 2007 from EBSCO http://search.ebscohost.com/login.aspx?direct=true&db=aph&AN=19493947&site=ehost-live

Kerchner, C. T., Weeres, J. G. & Koppich, J. E. (1997). Teacher unions: a key to school reform. Christian Science Monitor, 89 , 19. Retrieved October 7, 2007 from EBSCO Online Database Academic Search Premier. http://search.ebscohost.com/login.aspx?direct=true&db=aph&AN=9703140248&site=ehost-live

Kirkpatrick, David. W., Hawley, W. D. & Jones, D. R. (2003). Teacher unions. In J. W. Guthrie (Ed.), Encyclopedia of Education (2nd ed.) (Vol. 7). New York: Macmillan Reference USA.

Levinson, R. B. (2007). Restrictive ruling on agency fees. Academe, 93 , 9.

Long-anticipated NEA lawsuit challenges NCLB funding. (2005). What works in teaching and learning, 37 , 2.

Meyer, H-D. (2005). Trade, profession, or entrepreneurs? The market faithful raise important questions about the future of teacher unions. American Journal of Education, 112 , 138-143. Retrieved October 7, 2007 from EBSCO Online Database Education Research Complete. http://search.ebscohost.com/login.aspx?direct=true&db= ehh&AN=18674915&site=ehost-live

National Education Association (NEA). (2007). Retrieved October 7, 2007, from http://www.nea.org/index.html

National Education Association (NEA). (2007). Democrats running for President reject using test scores to pay teachers. Retrieved October 12, 2007, from http://www.nea.org/newsreleases/2007/nr070819.html

Ohanian, S. (1982). Teachers are organized, but to what end? Learning, 11 , 88-90.

Steelman, L. C., Powell, B., & Carini, R. M. (2000). Do teacher unions hinder educational performance? Lessons learned from state SAT And ACT scores. Harvard Educational Review, 70 , 437-467.

The new generation (2006). American Teacher, 90 , 13-15.

Tierney, M. (2004). Turn the Paige? District Administration, 40 , 19.

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Retrieved October 12, 2007, from http://www.dol.gov/esa/olms_org.htm

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Wilson, T. (2005). Institute of Public Affairs Review, 57 , 34-35. Retrieved October 7, 2007 from EBSCO Online Database Academic Search Premier. http://search.ebscohost.com/login.aspx?direct=true&db= aph&AN=18695346&site=ehost-live

Wright, C. & Gundersen, D. E. (2004). Unions and teachers; differences in the state of the nation. ALSB Journal of Employment and Labor Law, 10 , 1-12.

Suggested Readings

Brimelow, P. (2003). The worm in the apple; how teacher unions are destroying American education. New York: Harper Collins.

Casey, L. (2007). The quest for professional voice. American Educator, 31 , 20-47.

Diegmueller K. (2002). Unions labor to shape education policy. Education Week, 22 . Retrieved October 7, 2007 from EBSCO Online Database Academic Search Premier. http://search.ebscohost.com/login.aspx?direct=true&db= aph&AN=8590376&site=ehost-live

Keller, B. (2007). NEA wants role in school improvement agenda; track record, friends, foes, and union's own affiliates could derail undertaking. Education Week, 26 , 1-24. Retrieved October 7, 2007 from EBSCO Online Database Academic Search Premier. http://search.ebscohost.com/login.aspx?direct=true&db= aph&AN=23795172&site=ehost-live

Keller, B., Sack, J. & Hoff, D. (2005). Union, state wages frontal attack on NCLB. Education Week, 24 , 1-18. Retrieved October 7, 2007 from EBSCO Online Database Academic Search Premier. http://search.ebscohost.com/login.aspx?direct=true&db= aph&AN=16914249&site=ehost-live

Meier, D. (2004). On unions and education. Dissent, 51 , 51-55. Retrieved October 7, 2007 from EBSCO Online Database Academic Search Premier. http://search.ebscohost.com/login.aspx?direct=true&db= aph&AN=12061672&site=ehost-live

National Commission on Excellence in Higher Education. (1983). A nation at risk. Retrieved October 12, 2007, from http://www.ed.gov/pubs/NatAtRisk/risk.html

Ravitch, D. (2006/2007). Why teacher unions are good for teachers and the public. American Educator, 30 , 6-8.