Common Ground MA May, 2011

MAY 2011

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MASSACHUSETTS

House votes to strip public unions of collective bargaining rights

By Common Ground Staff negotiate with legislatures toward cost savings on health insurance prior to unveiling the budget.

“Over a month ago, all municipal unions offered a plan to deliver the same amount of savings sought in this budget item through collective bargaining,” said Robert J. Haynes, president of the Massachusetts AFL-CIO, in a statement regarding the House’s proposal.

“We didn’t say we wanted more; we said we simply want a say about how to achieve less of a benefit. We didn’t say we wanted better; we simply said we want a say about how to make our plans worse,” said Haynes.

Unions had been fighting hard to stop the bill, even initiating a radio campaign attacking the proposed plan. The greatest contention with the proposal stems from the signal it sends if local officials were allowed to override city unions

If there was any doubt a storm was brewing in Massachusetts between legislators and union leaders, it is now confirmed by the lightening bolt that occurred in Massachusetts’ House of Representatives last week. The union fight is on after the House approved the state budget with an overwhelming 111 to 42 vote that strips public employees of their collective bargaining rights over health care.

The bill, supported by House Speaker Robert A. DeLeo, proposes a $30.5 billion annual state budget that allows local officials, such as mayors and town councils, to set co-payments and deductibles for local public employees’ health care without negotiating with employees.

When the House budget was initially proposed, it unleashed fury from unions across the state especially given unions’ willingness to

on changing health insurance plans without negotiations.

“This initial proposal takes away long held collective bargaining rights from workers,” said Haynes in his statement.

Now, many House Democrats can expect little or no backing from unions come re-election in 2012. Haynes elaborated further in a statement on the AFL-CIO website that it is inconceivable elected representatives would take away people’s rights. He feels House Democrats were unable to stand up to the House Speaker’s proposal and caved under the pressure.

“This vote is exactly akin to why management should not have unilateral ability to thrust decisions onto people,” he said.

Some slight changes were made to the initial Continued on page 2

Legislation proposes quick use of left over I-195 land

By Common Ground Staff Senate Majority Leader Dominick Ruggerio is sponsoring a new bill that will cut through arduous red tape and bring jobs to Providence.

The bill ensures that the 19.2 acres of land left over from the relocation of interstate 195 will be used in a more expedited fashion than the stricken 2002 bill by giving authority to disperse the land to the Director of the Department of Transportation with approval by the State Properties Committee.

“This legislation is the number 1 legislative priority for the city at this time,” said Senator Ruggerio, indicating the importance of making this land profitable for the city in a timely manner.

To help with the quick distribution of the land, Senator Ruggerio is looking into the creation of a commission. The commission will take best practices from the Capitol Center Commission and the East Providence Water Front Commission and be made up of city and state representatives.

“This Commission would have jurisdiction over the parcels described in the current legislation and would expedite all zoning and permitting processes in an open and transparent manner,” said Senator Ruggerio.

The land has huge potential for knowledgebased job opportunities due to the proximity of universities and hospitals. In Section 1 of Senate bill 114, the development of the land will “encourage workforce development, education and training, and the growth of ‘knowledge based’ jobs and industries such as research and development, life sciences, media technologies, entrepreneurship and business management, design, hospitality software design and application, and a variety of other uses consistent with a knowledge based economy.”

Once the land is parceled and sold, jobs will become available during the construction of the organizations. During a recent legislative hearing, union leaders expressed their hopefulness for unions to partner with various organizations

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during construction. Union leaders who attended the hearing included Mike Sabitoni, President of the Building Trades Council, Scott Duhamel, Secretary/Treasurer of the Building Trades Council and Allen Durand, Business Manager for IBEW Local 99. Gov. Lincoln Chafee and Mayor Angel Taveras also testified on behalf of the legislation.

Elected officials and members of local associations expressed concern there would be a lack of tax revenue if nonprofit organizations purchase some of the land. The bill addresses that issue with a mandate that would require nonprofits to enter into an agreement for payments in lieu of taxes. However, if an agreement can not be met the sale is still to be completed but, according to the legislation, “the not-for-profit or tax-exempt organization or institution shall make payments to the city of Providence equivalent to those that would be paid by a taxable institution.”

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Page 2

Common Ground

If there was any doubt a storm was brewing in Massachusetts between legislators and union leaders, it is now confirmed by the lightening bolt that occurred in Massachusetts’ House of Representatives last week. The union fight is on after the House approved the state budget with an overwhelming 111 to 42 vote that strips public employees of their collective bargaining rights over health care.

The bill, supported by House Speaker Robert A. DeLeo, proposes a $30.5 billion annual state budget that allows local officials,

such as mayors and town councils, to set co-payments and deductibles for local public employees’ health care without negotiating with employees.

When the House budget was initially proposed, it unleashed fury from unions across the state especially given unions’ willingness to negotiate with legislatures toward cost savings on health insurance prior to unveiling the budget.

“Over a month ago, all municipal unions offered a plan to deliver the same amount of

MAY 2011

savings sought in this budget item through collective bargaining,” said Robert J. Haynes, president of the Massachusetts AFL-CIO, in a statement regarding the House’s proposal.

“We didn’t say we wanted more; we said we simply want a say about how to achieve less of a benefit. We didn’t say we wanted better; we simply said we want a say about how to make our plans worse,” said Haynes.

Unions had been fighting hard to stop the bill, even initiating a radio campaign attacking the proposed plan. The greatest contention

Tufts Medical Center nurses vote to authorize one-day strike More than 70 percent of the registered nurses of the Tufts Medical Center (TMC) cast a decisive vote to authorize their union leadership to call a one-day strike if Tufts management continues to refuse to agree to desperately needed improvements in patient care conditions at the major Boston teaching hospital.

“With this vote, Tufts nurses are sending a strong message that they are ready and willing to take a stand for their patients and their profession,” said Barbara Tiller, a registered nurse and chair of the Massachusetts Nurses Association (MNA) local bargaining unit at Tufts Medical Center, which represents more than 1,100 nurses at the hospital. “Nurses are united in their belief that the current staffing plan at the hospital is unsafe for patients and it needs to change. We can only hope that the hospital is listening and will finally work with us to address this patient safety crisis.”

The strike authorization vote comes as the parties prepare to meet with a federal mediator, the next to last scheduled session before the expiration of the nurses’ union contract. While the nurses are hoping to reach an agreement to protect patients at the hospital, management has drawn a line in the sand, stating repeatedly that it has no interest in agreeing to enforceable

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limits on nurses’ patient assignments.

The vote does not mean the nurses will strike immediately. It gives the negotiating committee the authorization to call a one-day strike if and when it feels it is necessary. Once the committee issues its official notice to strike, the hospital will then have 10 days before the nurses will go out on strike.

The nurses have serious concerns about recent changes in registered nurse staffing levels and other changes in how they deliver care. As a result, nurses are being forced to care for more patients at one time on nearly every unit. To compensate for chronic understaffing, management is using mandatory overtime and is forcing nurses to float from one area of the hospital to another, where they might not be competent to provide appropriate care.

“Those changes transformed this hospital from being one of the best staffed hospitals in Boston to the worst staffed hospital in the city,” Tiller explained. “As a result, our nurses spend less time with patients than nurses at other hospitals in the city. No other institution in the city is operating ICUs, including neonatal intensive care units, where their nurses are expected to care for three patients, nor are they expecting their medical surgical nurses to carry Continued on page 5

Local 1033 sets its sights on recovery

P. O. Box 5634 Weybosset Hill Station Providence, RI 02903-0634

401- 461-1922 www.defendersofanimals.org

By Common Ground Staff

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The labor community recently made a small stride toward helping out Rhode Island’s economy, demonstrating again that unions are not to blame for the poor financial situation in which the Ocean State finds itself.

Working with Providence Mayor Angel Tavares, Local 1033 of the Laborers International Union signed an agreement that will save the city an estimated $26 million over the next four years.

Under the agreement, members of Local 1033 will see decreases in wages and changes to their health care benefits. Some of the key points in the agreement include: • Employees taking pay cuts and forgoing raises through the fiscal 2013.

• An increase in health insurance co-payments for Local 1033 members who earn more than $50,000 per year.

• Removing retirees from the city health insurance plan if they can obtain equivalent coverage through a job or a spouse’s employer.

• Reducing the salary of new hires by 15 percent through fiscal 2014.

The goal of the agreement is to reduce the City of Providence work force through attrition instead of layoffs. The agreement was met with overwhelming support, which pleased Mayor Tavares, who believes appropriate compromises were made and that union members would not have been as receptive if more concessions were sought.

Local 1033 members feel the agreement is undisputable evidence that the laborers are willing to make tough choices that add to the greater good of the entire community. Providence’s largest union (780 members) displayed leadership, setting an example that should be followed. The actions of Local 1033 are an indication of the direction in which the labor community is headed. Additional collective efforts can put Providence and more importantly, Rhode Island, back on the right track.

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MAY 2011

Common Ground

Page 3

What every labor leader should know about Twitter

By Steve Dondley If you’re like the labor leaders I know, you don’t have it easy. Being responsible for the livelihoods of workers has got to be one of the most stressful jobs, up there with air traffic controllers and firefighters. Every day brings a new challenge or crisis that just adds to the pile of other problems that you deal with. So when you’re told you should set up a Twitter account and add “tweeting” to all of your other duties and responsibilities, you’re probably inclined to laugh off the suggestion because the last thing you need is something else to juggle.

You’re probably still curious to know more about Twitter. The service has had tons of buzz over the last couple of years, and the whole Twitter phenomena shows no sign of abating.

So you have to figure it’s good for something, right? There’s a good chance you visited Twitter and maybe you even signed up for an account to see what it was all about. And most likely that’s about as far as you got because, on the face of it, Twitter seems to be a worthless communication tool.

To a large extent, you’re right. The truth is that Twitter is not an efficient way of getting your message heard, at least at first. Although your Twitter messages, or “tweets,” will be visible on a public Web page, they are unlikely to be seen by anyone there. Instead, your tweets will probably only be seen only by those who actively follow your account. We call those individuals your followers. It can take weeks, months, even years before you build up any significant number of followers. But even after you have a large following, there’s a good chance your Twitter dispatches will fall on deaf ears.

The dirty secret of Twitter is that your tweets are likely to be read only by a small minority of your audience. If you have 500 followers, you’re lucky if one of your tweets reaches 50 of them.

If you’ve got something important to share, you’ll reach a much wider audience by getting a letter to the editor published in your local newspaper.

So what good is Twitter to your union or to you as a union leader and why should you invest time learning more about it?

The first important thing to understand

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about Twitter is that it’s a better tool for networking than it is for messaging. In other words, Twitter is excellent for building relationships with people but not efficient for disseminating information to a broad audience.

Think of Twitter like you would a cocktail party. You don’t go to a cocktail party with a megaphone and start whooping up the crowd with your union’s message. Instead, you go to mingle with a handful of people, to exchange interesting stories or private bits of gossip and to spread your own influence. Twitter is used in much the same way. It doesn’t really matter that not everyone at the cocktail party hears every word you utter. If you get an opportunity to create good vibes and bend the ear of a journalist, a politician, one of your union members or a peer, that’s huge.

Twitter is also a great way to simply be seen.

Imagine if you stopped going to your labor council meetings, to political rallies and other functions in your community. People would wonder if your union is still relevant, and they will start questioning the strength of your organization. Becoming a recluse is a deadly strategy for your labor union. Even if no one reads a single one of your tweets, merely having an account signals that your union is ready and willing to engage with the community around you. Of course, you have to make sure people know you have a Twitter account. One good way to accomplish that is to place a link to your Twitter page on your local’s Web site or by embedding your Twitter messages into your Web site and have them automatically update.

Another way Twitter can help your union is by cutting through other communication noise. In the good old days (about 10 years ago), we had a much simpler media environment.

Sure the Internet existed, but it wasn’t nearly as large or as ubiquitous as it is today. Back then, unions had a distinct advantage because they had the resources to print and distribute flyers or send out mailings and advertise while other organizations couldn’t. Now we live in a much noisier communication environment, and there are tons of tools for individuals and organizations to promote their message on a

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very low budget. Twitter is a cheap way to help you break through that noise, at least to those who follow you. Your tweets, along with your union’s logo attached to them, are like miniadvertisements that remind your members and the community that your union is there, even if they don’t read every one of your tweets.

Twitter can be much more useful as a messaging system only when you have a large number of followers. Your tweets, if considered significant by others, are much more likely to go viral and be tweeted to their followers, who in turn will tweet to their followers and so on. Of course, not all of your messages are going to go viral like that. It has to be of enough importance to others that they will tweet it. If your message does go viral, it will travel very quickly to hundreds or even thousands of other Twitter users. From there, people will start posting your story on their blogs, Facebook accounts, e-mail accounts and other communication channels.

When that happens, you have harnessed the full potential of Twitter as a communication tool.

The last thing you should know about Twitter is that the very small investment in time needed to set up and maintain a Twitter account is worth the effort. Tweets are short and can be as simple as a link to an interesting news story you want to promote. And you can tweet right from you cell phone when you have a spare moment. If you tweet something interesting that gets passed around by your followers, you will gradually amass a fairly substantial following. Just be persistent about updating it, and the service will pay off with time.

There are also ways to automatically update your Twitter account from your Facebook page or Web site. But beware of treating Twitter as an afterthought instead of an integral part of your union’s overall communication strategy. Like anything, you get out of Twitter only what you put into it. In addition, be careful not to neglect your Twitter account, otherwise it will just become an embarrassment.

Steve Dondley is the president of Prometheus Labor Communications and provides a resource for labor communications through his Web site, communicateordie.com.

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Common Ground

MAY 2011

Putting the needs of adults ahead of students isn’t the answer

By Tom Hoffman Providence Mayor Angel Taveras, the Providence School Board, and parents, teachers and community leaders across the city have spent the spring grappling with a reported $100 million structural deficit citywide and a crash course of school closures and reorganizations.

While Taveras has put forward a proposal to close four Providence schools at an estimated savings of $10 million a year, Cranston Mayor Allan Fung has quietly submitted a plan to the Rhode Island Department of Education to open a five school “mayoral academy” that would, over time, serve 1,300 Providence students, and, as Mayor Fung has put it, see $20 million a year “funneled into Cranston” from Providence.

Explaining how and why the mayor of Cranston is proposing to blow a $150 million dollar hole over twelve years in Providence’s city budget requires a quick diversion into Rhode Island charter school law.

Since 1995, Rhode Island law has permitted the creation of charter schools as public schools seeking the “promise of increased accountability for student achievement in exchange for increased school autonomy.” These schools could exist both within or independent of school districts and their union bargaining units and act as a laboratory for a variety of educational innovations and strategies. There are currently 14 “traditional” charters.

In an effort to accelerate charter growth, in 2008 a group of self-styled education reformers led by Cumberland Mayor Daniel J. McKee successfully pushed for the creation of a new kind of charter school called a “mayoral academy.” These types of charters can be exempted from the prevailing wage and state pension guarantees maintained in “traditional” charters. Traditional charters include students from both urban and non-urban districts, and their boards are led by a mayor representing one of the involved districts. There is currently one mayoral academy, Blackstone Valley Prep, in Cumberland.

Charter growth now takes place in a context of declining enrollment and fiscal crisis in Providence and other districts, and under a new funding formula where “the money follows the child.” Each child who attends a charter takes their share of state, federal and local funding with them to the charter, deducted from their home district.

With this backdrop, Mayor Fung has proposed to create the Achievement First Mayoral Academies (AFMA), in cooperation with the Rhode Island Mayoral Academies non-profit (RIMA) and Achievement First, a Connecticut-based non-profit charter school management organization. The plan would grow over the course of 12 years to encompass five schools serving 1,792 students from Providence and Cranston – two K-4 elementaries, two 5-8 middle schools, and a

high school.

Despite the fact that no representative of Providence’s government or civic organizations participated in the creation of this proposal, its budget projects a student body comprised of 75% Providence residents. Unlike many urban/suburban magnet schools and other cross-district programs, this school will not seek to reduce the burdens of segregation faced by low-income urban students. Indeed, their budget anticipates an 80% low-income student body, similar to Providence’s but far higher than Cranston’s 33% receiving subsidized lunches.

Mayor Fung’s solution to race and incomebased achievement gaps within his city’s schools is to offer them a special school they can attend with poor children from Providence.

The lack of input and informed analysis of Providence’s needs and wants for its children is evident in the distribution of grade levels in Fung’s plan. Providence’s strongest and most popular schools are its neighborhood elementary schools, including well regarded schools in the south end of the city like A.S. Feinstein, Fortes, Highlander Charter, Lima, and Reservoir.

The AFMA would seek to draw 750 K-5 students, and the funding associated with them, out of Providence, leading inevitably to the closure of yet more neighborhood elementary schools, with all the destabilization this entails.

Projected Annual PPSD Losses to Fung’s Achievement First Mayoral Academy

Meanwhile, Providence’s high schools are spiraling into an ever deepening crisis triggered in recent years by a confluence of federal, state and local edicts, yet AFMA would not open its high school until 2020, with a single class of 85 students. In 2024, $150 million dollars later, Providence would see about 40 of its young residents graduate from the mayoral academy.

This emphasis on building elementary schools is a classic example of what education reformers like to refer to as “putting the needs of adults ahead of students’.” Providence’s kids are desperate for better high school options, but high schools are harder, particularly in terms of test scores, so Fung and Achievement First will build more elementary schools.

The academies’ proposed governance structure is also problematic. By statue, the schools’ board of directors must be comprised of “representatives from each included city or town.” In the proposed implementation, Fung would be board chair, and between

six and eight additional members would be recommended by Fung and Achievement First and appointed by the RIMA board, which includes Fung, Mayor McKee and several charter school advocates from outside Rhode Island. However, no representative of Providence government or the leader of any community or constituent group based in Providence would be represented.

Instead, Providence will be represented by whomever Fung, Achievement First and RIMA decide should represent it. There is no defined process in the proposal for the mayor of Providence ever having a turn as board chair or guaranteeing a role for a representative of Providence city government.

Achievement First’s relationship to the board is that of a contractor, whose management fees amount to 10% of the school’s total government funding, reaching over $2.5 million a year when the school is complete. Yet they also are to be given “significant input” into the development of the board which oversees them. This is probably to prevent a repeat of what happened at the first mayoral academy, which decided its outside management organization was too expensive and kicked it out within the first two years of operation.

In the end, perhaps all the above does not matter if AFMA can raise student achievement.

Indeed, Achievement First’s original middle schools in New Haven are widely praised.

However, as they’ve attempted to scale up, both in grade ranges and grade levels, the results have been mixed.

Last year their four New York City schools graded by the Department of Education received three C’s and a B. A report by the NYC Office of Charter Schools observed a lack of opportunities for students to display critical thinking skills or self-expression at Achievement First Endeavor middle school.

When Amistad Academy in New Haven expanded into 9th grade, with a student body comprised entirely of students from Achievement First’s middle school, 32 percent of 9th graders failed two or more courses did not move onto 10th grade in 2007, in 2008, the number was still 20%.

Office of Transformation has approved the Achievement First Mayoral Academies charter proposal for further review and public comment but has not set a date for public hearings. After this period, Commissioner Gist will make a recommendation to the Board of Regents, who will make a final decision on the charter.

Tom Hoffman is a former teacher in the PPSD and member of the PTU. He now manages SchoolTool, a project which creates free and open source software for schools in the developing world.

MAY 2011

Common Ground

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WWW.IBEWLU99.ORG Continued from page 2 assignments of up to seven patients on a regular basis.�

Tiller added that staffing changes have caused a dramatic deterioration in both the quality of care nurses are delivering and, in some cases, has resulted in serious lapses in care. In the past 15 months, nurses have filed more than 600 reports of incidents that jeopardized patient care. In addition, more than 80 percent of the nurses have signed petitions calling for safe staffing levels. “I see nurses all over the hospital going home late and in tears over how bad their shift was, and I hear that they spend sleepless nights wondering what they missed or feeling horrible about not being able to provide the level of care they know their patients deserve. Even one of those occurrences is unacceptable, but to have it happening nearly every day is disgraceful and it is patently dangerous,� Tiller added. “Issues that are occurring from larger patient assignments include delays in nursing assessment, delayed administration of medications and tests, nurses missing significant changes in patients’ health status, poor patient outcomes, patients falling due to lack of assistance in getting up and moving and patients being left in soiled beds for hours at a time,� she said.

The MNA points to a significant body of research demonstrating the link between poor staffing and the use of forced overtime to a variety of poor patient outcomes and an increase in preventable patient deaths in the nation’s hospitals.

For example, a study in the “Journal of the American Medical Association� found that every patient above four assigned to a registered nurse resulted in a 7 percent increase in the risk of death for all patients under that nurses care. So when a Tufts nurse complains about having seven patients at one time, the science demonstrates that all of those patients are at a 21 percent greater risk of death.

Additionally, those same studies demonstrate that when nurses have fewer patients, there are significantly fewer complications, patient satisfaction increases and nurse retention improves, with no negative impact on hospitals’ financial performance.

Other studies have found that nurses working mandatory overtime are three times more likely to make a medication error, and a new study found that having nurses work more than 12 hours results in an increase in patient deaths in hospitals. The Institute of Medicine has recommended that no nurse ever be required to work more than 12 hours, which is a regular occurrence at Tufts Medical Center.

The 1,100 registered nurses at TMC in negotiations for a new contract are seeking contractually guaranteed safe staffing levels.

At Tufts, management has not only increased nurses’ work load, but it has also refused to adjust staffing based on the acuity of patients’ illnesses. In addition to calling for improved staffing levels, the nurses are seeking a provision that would create a process to measure the acuity of patients on each unit and each shift so that staffing could be further adjusted to meet the actual needs of patients.

The nurses are also calling for prohibitions against forced overtime and the inappropriate floating of nurses -- all of which are needed to ensure that patients at the medical center receive the care they deserve.

The nurses began negotiating a new contract in September 2010, and a total of 15 negotiating sessions have been held to date.

The nurses’ contract expired on Dec. 31, and it was extended by agreement of both parties. “We sincerely hope the hospital will finally come to the table determined to resolve these issues,� Tiller explained. “For our part, we are determined to do whatever it takes to protect our patients because they are the ones who have the most to lose if conditions don’t improve. For our patients, this is truly a matter of life and death.�

Page 6

Common Ground

MAY 2011

‘Journal’ is anti-labor corporate stooge

By Patrick J. Quinn “The Providence Journal’s” April 3 Commentary section was easily the crescendo of anti-worker, anti-union vitriol that has been building in the paper over the past few years, with no less than a half-dozen attacks on workers and their organizations. That reflects the joining of its corporate labor-relations policy and its editorial bias.

“The Journal’s” attempt to characterize the current fiscal crises as the fault of unionized public-sector workers has no basis in reality.

Schoolteachers, firefighters, nurses, police officers and sewage-treatment plant workers go to work every day to provide services to our communities -- and somehow their retirement plans are to blame for the economic depression?

No. The economy crashed because of feckless speculation on Wall Street -- brought upon by deregulation and greed. The decisions that brought our economy to its knees were all deliberate policy choices enacted by a government that favors the rich over working people. All workers have been hurt by the current economic crisis regardless of whom they work for or how well they are paid.

Workers with defined-benefit pensions, whether in the public sector or the private sector, had greater protections and security over their retirement plans -- protections that workers with a 401(k) do not have.

Taking away defined-benefit pensions

from workers who have them does nothing to improve retirement security for other workers.

Rather than fight to move everyone up to a standard of decent and secure retirement, “The Journal’s” editorial board thinks it would be better to drag everyone down -- claiming that union members need to get in touch with “reality.”

But the reality is that the corporate chief executives and big-bank moguls kept their multimillion-dollar salaries and bonuses after destroying our economy. Wall Street got bailed out, and Main Street America got sold out.

And please spare us the fiction that “The Journal’s” motivation in this debate is to achieve a better deal for the average Rhode Island working family in the private sector. The rich men running it never support workers trying to achieve a decent retirement plan.

“The Journal” was not there sticking up for manufacturing workers during the debate on the North American Free Trade Agreement, which has destroyed millions of manufacturing jobs nationally and thousands locally. “The Journal” was silent when Colibri workers had their lives destroyed by an out-of-state private equity firm that shut down their plant with no notice and no severance pay. The newspaper never lifted a voice when globalization’s ugliness -- in the form of Wal-Mart -threatened jobs at Rhode Island firms

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such as Bradford Soap Inc. “The Journal” cannot even find its voice when unemployed workers are told that their measly benefits are too generous. I will not hold my breath waiting for it to weigh in against proposals by academic “experts” to raise the retirement age so that certified nursing assistants can work right up to the day they become patients in the nursing homes they work in.

And then “The Journal” has the nerve to malign the political activity of working people when they organize through their unions.

If “The Journal” editorial board really believes that all workers deserve to get treated fairly, then it should advocate that the government level the playing field when workers try to organize a union; it should editorialize against abusive private-sector employers that threaten, coerce and intimidate workers who do try to organize; and it should advise every worker who isn’t yet in a union to join one right away.

Patrick J. Quinn is executive vice president of Local 1199 of the Service Employees International Union.

Joseph A. Montanaro President Gary Glittone Vice President

172 Longfellow Sreet Providence, Rhode Island 02907 p. 401.527.6792 f. 401.284.3677

Gordon Huffman Treasurer Mark Boyajian Recording Secretary

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MAY 2011

Common Ground

Page 7

Massachusetts AFL-CIO sets the record straight One of the arguments used by the Massachusetts Municipal Association and others who are promoting giving cities and towns unilateral control over health insurance for municipal employees is: “State employees do not collectively bargain over health insurance, why should municipal employees have that right?”

That simplistic argument totally ignores how the provision of health insurance has historically evolved between state employees and the commonwealth and between municipal employees and the cities and towns.

A key distinction is that the Group Insurance Commission (GIC) was established before collective bargaining rights were granted.

The GIC was set up in 1955 to provide health insurance only for state employees and its retirees.

Another distinction is that municipal workers were granted collective bargaining rights before state workers. When municipal

employees received collective bargaining rights in 1965, they began to bargain with local governments over health insurance. There was no GIC for municipal employees. Each community negotiated its own health insurance plan with municipal unions, and every successive agreement over the last-half century reflects that.

Furthermore, state employees were already in the GIC when they were granted full collective bargaining rights in 1973. At that time, the GIC had been in existence for 18 years, and the statute that created the GIC for state employees was left untouched.

A final distinction is that having a “voice” or “say” is not the same as “collective bargaining.” Some have also argued that since each community has an Insurance Advisory Committee (IAC) made up of union representatives and management, that the unions do have a say just like they do on the GIC.

However, while there are not an equal number of union representatives on the GIC, they do have voting rights. The IACs are just what their name implies – advisory. Often the IACs do not even meet, and they never have a binding vote. The IACs were not set up as a substitute for collective bargaining over health insurance. The GIC, at the very least, has voting commissioners. State employees can lobby 200 legislators and the governor, a much more democratic process than giving management unilateral powers.

There is no reason to upset this long standing right of municipal employees to bargain over their health insurance. The public sector unions have been clear -- they are willing to engage in an expedited bargaining process that will produce the same amount of savings for the community as any of the plans proposed by the MMA, the Metropolitan Mayors Association or by the House Ways and Means Committee.

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EXECUTIVE BOARD BUSINESS AGENTS

Joseph J. Bairos Steven Labrie

Secretary-Treasurer

Principal Executive Officer Kevin Reddy

Kevin Reddy Joseph Boyajian

President Douglas Teoli

Daniel Manocchio Asst. Business Agent

James Croce

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David Demuth

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Michael Nunes Asst. Business Agent

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Linda Russolino

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Susan Folan

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Janet O’Grady

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Page 8

Common Ground

MAY 2011

Nurses Picket at Leominster Hospital The registered nurses at the University of Massachusetts Memorial/Health Alliance Leominster Campus Hospital held an informational picket in order to enlighten the public about serious issues affecting the quality of patient care and to share the nurses’ struggle for a fair and equitable contract.

The nurses, members of the Massachusetts Nurses Association (MNA) bargaining unit, have been in negotiations with the hospital since November 2010 and have not reached an agreement. The quality of patient care they are able to deliver is a serious issue for the nurses. In the last five years, 79 eight-hour shifts have been eliminated in the hospital. That means the number of registered nurses has declined to a point that has affected the quality of care patients receive.

“As the hospital has cut shifts for nurses, the remaining RNs are required to do more with less, leaving the floor nurses

overworked. This is not good for the patients or the nurses. As we see the acuity of our patients rise, often we are required to spend time with new technology rather than with our patients,” said Natalie Pereira, a registered nurse and chair of the bargaining unit.

“We are pulled in so many directions it is humanly impossible to give the excellent care we all wish we could. It is not surprising patient surveys show that patient satisfaction numbers have fallen.

In addition, as the hospital continues to increase the work load of nurses, it is attempting to discipline RNs for minor clerical infractions,” she said.

In an attempt to cover short staffing, the hospital has come up with one plan that would only make the issue more dangerous.

In the Foster Wing, which was previously classified as an intensive care step down unit with a nurse to patient ratio of 1-to-4, the hospital changed the unit name to Telemetry, with a staffing ratio

of 1-to-5. Many nurses feel that is wrong since the acuity of patients never really changed.

Now, the hospital wants the charge nurse to take a two to five patient assignment and at the same time be assigned to a hospitalwide rapid response team.

That would take the charge nurse off the unit for extended periods of time, leaving the charge nurse’s patients to the floor nurses, further increasing their nurse-topatient ratio.

Also disturbing to the nurses is the massive increase to their health care insurance costs. While reducing the number of nursing positions in the hospital, the administration has also made a concerted effort to reduce the number of scheduled hours a nurse works, resulting in only 27 40-hour positions and 80 24-hour positions.

Historically, the collective bargaining agreement has had a provision to pay full-time health insurance benefits for any nurse

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working 24 hours. Now, the hospital wants to remove that benefit and force 24-hour nurses to double or triple their health insurance contributions.

“Many nurses agreed to the cut in hours because the hospital continued to offer health insurance at the same cost. Now the hospital is asking the nurses to accept a very large increase in health care costs for 80-plus nurses. The MNA has made counter proposals to spread the increased cost over a period of time, but management has refused our proposal,” Pereira said.

The nurses feel it is time for management to be fair and settle the contract. “We have offered many compromises to management that would resolve most of the outstanding issues. It is time for the administration to accept our proposals so we can get back to the primary task at hand, providing our patients with the quality care they deserve,” Pereira said.

AFSCME Local 2881 Representing RIDEM and CRMC

www.local2881.org

Whether you are a union member or not, the Massachusetts AFL-CIO is committed to preserving the rights of all workers and advocating for decent wages, health and retirement benefits, safer workplaces, and a dignified quality of life for all working families.

During these difficult times, now more than ever, workers need a strong, unified voice speaking out on each other’s behalf. By advocating for all workers, the Massachusetts AFL-CIO is working to preserve the middle class, and protect you and your family.

Robert J. Haynes President

For more information call

Louis A. Mandarini, Jr. Secretary-Treasurer

(781) 324-8230 or visit www.massaflcio.org

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Page 10

Common Ground

MAY 2011

Railroad service emerging again after a bumpy ride in Rhode Island

By Barry Schiller We all heard how in the 19th century, railroads were key to building up America, and despite well-known instances of exploiting immigrant labor, the industry was also one of the first to unionize and provide an entry for working folks into the middle class. Even in segregated times, African-Americans were in the sleeping car porters union. To this day, railroading is largely unionized and is a source of good, if often strenuous, jobs, some of which were highlighted in an April “Common Ground” story about the new contract for Massachusetts Bay Transportation Authority (MBTA) locomotive engineers.

However, with the rise of aviation and highways in the 20th century, railways went into decline.

Service was cut back and in Rhode Island, branches to Pascoag, Hartford, Narragansett, Pontiac and the East Bay were abandoned. Soon after the Connecticut Turnpike was completed, the New Haven Railroad went bankrupt, and later the Penn Central, its successor in our region, also failed.

In addition, the rail freight system was in shambles. Passenger

stations fell into disrepair, service declined and commuter service between Providence and Boston came to an end. President Nixon’s administration created Amtrak to run remnants of the national passenger service, probably with the expectation of phasing it out entirely.

President Reagan did indeed try to shut down Amtrak, though it limped along with inadequate resources and little capital investment.

Trains still had their defenders, not the least of which was Rhode Island’s own U.S. Sen. Claiborne Pell, who helped create interest in improving the “Northeast corridor” rail line between Boston and Washington.

Environmental groups also supported railroading; investors saw opportunities in short lines such as the Providence & Worcester Railroad; and rail passengers organized at national and local levels. The Rhode Island Association of Rail Passengers is an active group represented on the state Transportation Advisory Committee and on committees developing a state rail plan and considering possible commuter service in the Blackstone Valley.

Growing highway and airport congestion also helped make folks see a need for rail travel.

Rhode Island formed a “pilgrim partnership” with the MBTA to restore Providence-to-Boston commuter service, which immediately surpassed ridership projections.

Rhode Island voters approved freight rail improvement bonds for Quonset Point, part of which is now used for commuter rail to Warwick.

Freight rail companies are now profitable and investing in infrastructure at a level of about $12 billion a year. The federal government electrified the Boston-to-New Haven mainline through the Ocean State, meaning Northeast corridor trains can run without depending on foreign oil.

Amtrak service levels increased, especially with Acela Express service.

On most days now, there are 18 trains running each on the corridor through Rhode Island.

Volunteers started the restoration of the historic Kingston Station, and the Rhode Department of Transportation (RIDOT) finished that project and also restored Westerly’s station. Other states also promoted rail

improvements, and Amtrak ridership has boomed.

Despite the recession, there was record ridership in 2010, and it has continued to grow every month this year.

There is a big wish-list nationally and locally for further improvements. The Obama administration has made investing in high-speed rail a priority, realizing its usefulness for economic development and competitiveness. In Rhode Island, extending commuter rail south to Wickford Junction could be completed in a year or so. There are also hopes for commuter rail extensions to Kingston, Westerly and the Blackstone Valley.

There are hopes for a new station in Pawtucket, where members of the Pawtucket Foundation and city officials see a restored commuter rail stop as a key redevelopment tool. Even on Aquidneck Island there is some interest in making better use of the rail line along the west shore.

Also, repairs are needed around the Amtrak station in Providence and some people would like to see a real Amtrak station at T.F. Green International Airport. All this is being considered in an ongoing development of a state rail plan to establish priorities

and consider financing.

A new breed of Republicans seems bitterly opposed to rail improvements along with people who have interests in the oil and automobile industries. GOP governors in New Jersey, Wisconsin, Ohio and Florida have rejected federal rail improvement funding; and the GOP-controlled U.S. House of Representatives has nixed all 2011 highspeed rail funds and even taken back some unspent 2010 rail funding.

It’s tempting to let those states stew in pollution and congestion, but we do need a national rail network for Rhode Island to connect to.

New Jersey’s rejection of funding for another Hudson River rail tunnel limits the frequency of intercity trains that can get to Rhode Island as the existing tunnels are often at capacity.

Those who do see the need for good train service will surely need to be active.

Contact Barry Schiller, a member of the State Planning Council’s Transportation Advisory Committee, at bschiller@ localnet.com.

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MAY 2011

Common Ground

Page 11

Alliance counters U.S. House GOP leader’s attack on Social Security

By John A. Pernorio Discussing the future of Social Security, U.S. House Majority Leader Eric Cantor (R-Va.) told a National Public Radio interviewer, “We’re going to have to come to grips with the fact that these programs cannot exist if we want America to be what we want America to be.”

Responding to Cantors comments on a telephone press conference call, Alliance for Retired Americans Executive Director Edward F. Coyle said, “Eric Cantor and others are saying that Social Security is to blame for our budget deficit. That’s pure fiction, and a sleight of hand that makes no mention of tax cuts for the wealthy or big corporations like GE (General Electric) that pay no taxes. It’s time to stop the lies. It’s time to start telling current and future retirees the truth. Thank you, Eric Cantor. Thank you for making it crystal clear just what the Republican Party thinks of Social Security and the millions of Americans who count on it each month to make ends meet.”

Alliance members from around the country participated in a day

organized by the Social Security Works campaign. The effort produced over 6,000 calls into U.S. Senate offices, urging lawmakers to not cut Social Security benefits for current and future retirees as the chamber prepares to consider legislation on federal spending.

This is yet another reminder of how dedicated Alliance activists are in standing up for Social Security.

Our members don’t just care about themselves; they worry about their children and grandchildren.

Alliance members joined activists from Americans United for Change, Social Security Works and the National Committee to Preserve Social Security on Capitol Hill at a rally to support Social Security. Senate Majority Leader Harry Reid (D-Nev.) hosted the rally. Reid, who has been a longtime supporter of Social Security, recognized and thanked the Alliance and reaffirmed his support for the program, saying, “What irritates me is we hear pundits and politicians take the bait that’s been thrown to them by these Republicans over these last few decades. You throw it to them

and they grab it. They grab it and claim Social Security is headed for bankruptcy. It is not.”

The Rhode Island congressional delegation has strongly supported the Alliance’s position on Social Security and Medicare. U.S. Sen. Sheldon Whitehouse (D-R.I.) has stood up on the Senate floor, sponsored and co-sponsored legislation to defend Social Security and Medicare for senior citizens and the disabled.

cutting Social Security or Medicare all the more outrageous.

John A. Pernorio is president of the Rhode Island Alliance for Retired Americans. Contact him at (401) 722-2770 or japernorio_riara@ hotmail.com.

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Page 12

Common Ground

MAY 2011

Health reform update: The Rhode Island Health Benefit Exchange

By Elizabeth Roberts The Rhode Island Health Benefit Exchange, a new online marketplace for comparing and purchasing health insurance, is one of the requirements set forth in the federal Affordable Care Act (ACA) that will greatly impact our state for decades.

The exchange has been in the planning stages to ensure that we are ready to implement the exchange on deadline in 2014. Legislation to create the exchange has passed in the Senate and is under consideration in the House.

The exchange allows people not covered through their employers to purchase health insurance at competitive rates. Small businesses will also be able to buy coverage through the exchange. It will offer a choice of plans, establish common rules regarding the offering and pricing of insurance and provide information to help consumers better understand the options available to them. For example, the adult children of union members over the age of 26 who are not covered elsewhere would be able to purchase health insurance through the exchange.

If states fail to design their own exchanges by

2014, the federal government will implement an exchange at the federal level. The Rhode Island Health Care Reform Commission I chair has a Health Insurance Exchange Subcommittee. That group has been working in collaboration with the Office of the Health Insurance Commissioner (OHIC), the Executive Office of Health and Human Services and the Department of Health in planning for a statebased health insurance exchange.

Rhode Island’s OHIC has applied for and received a $1 million federal grant to complete a detailed strategic plan to create a financially, self-sustainable model and business plan for the exchange by the end of 2011.

In February, a consortium of New England states, including Rhode Island, received an Early Innovator grant of more than $35 million in order to help design and implement the information technology infrastructure for an exchange. Rhode Island’s OHIC recently applied for funding from a federal program to support the establishment of states’ health insurance exchange. With a request of $5.2

million, the state aims to fund a plan to improve information technology systems, provide assistance to individuals and small businesses, support core exchange functions and assess program effectiveness. Pending the passage of exchange-authorizing legislation in Rhode Island, the OHIC will apply in the fall for tens of millions of dollars in funding to support the implementation of the exchange.

After 2014, with a custom-built exchange up and running, all Rhode Islanders who don’t get insurance through their employer and some small businesses will be able to buy easy-tounderstand health insurance. If the plans for an exchange succeed, Rhode Islanders will have good information upon which to base a simple “apples-to-apples” comparison of the coverage available to buy through the exchange Web site.

For more information on the exchange or the Health Reform Commission, visit www.ltgov. state.ri.us.

Elizabeth Roberts is lieutenant governor of Rhode Island.

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Common Ground

Nikko & Tigger Too

Page 13

Tigger Too and his brother, Nikko, are two of the friendliest cats in the shelter. Whenever a staff member or visitor walks into the shelter, they are the first to greet them and ask to be petted. Tigger Too is definitely a gentle giant. Don’t let the pictures fool you though, this is a big boy! It would be wonderful if Tigger Too and his brother could be adopted together, but it’s not a necessity. They both get along well with other cats and just seem to enjoy life. Please call Defenders of Animals at 401-461-1922 for details.

The Officers and Members of IBEW, Local 103, Are Proud to Support The Common Ground!

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 103 OF GREATER BOSTON 256 Freeport Street, Dorchester, MA 02122 (617) 436-3710 (617) 436-3299 (Fax) Michael P. Monahan, Business Manager

Martin E. Aikens Louis J. Antonellis Richard L. Antonellis Michael E. Calder

AGENTS

Gary W. Walker

William T. Corley James T. Fay James M. O’Connell Donald F. Sheehan

John P. Dumas, President Michael J. Mulligan, Jr., Vice President Chuck Monahan, Financial Secretary Jeffrey W. Cain, Treasurer Richard Monahan, Recording Secretary

EXECUTIVE BOARD Sean M. Callaghan Kevin M. Monahan Robert Sheehan Robert T. Spinale Raymond B. Vinton Lee Vigil

EXAMINING BOARD Robert F. Bonanno, Jr. Michael P. Egan James J. Frasier Thomas D. Leahy Jeff M. Sheehan

So Mike, how did you get involved in the EAP and addiction treatment business?

Michael J. Blackburn

CEAP, LADC-1, SAP, LAP-C, BRI-II

Retired Battalion Chief Providence Fire Department Local 799 Vice President Treatment Solutions Network

I became involved in the EAP/MAP programs because of my own struggles with addiction, as I have been in recovery for many years. Twenty-five years ago, I was asked by my Union President to start a committee to assist our members and their families who needed help with addiction and mental health issues, because of my own experiences, I was excited to help. We started a silent committee to offer confidential help to Firefighters and their families who were struggling with these issues. I spent several years obtaining certifications in the field and have been helping members and their families ever since!

How has this program benefited firefighters and their loved ones?

Firefighters often experience things in the line of duty that cause mental and emotional stress that can lead to substance abuse. Once we built the EAP/MAP program we were amazed at how many people came forward to get the help they needed. Part of the rehabilitation process is learning how to deal with these stresses so they don’t negatively affect the rest of their lives and their families.

Where has life taken you since retirement?

Well before I retired, I worked closely with Treatment Solutions Network to place my members, providing the care that they needed. I was so impressed with the company that I started working with them more and have now become a Vice President and shareholder in the company. We have expanded the network to include top rated treatment centers, not just in Florida, but across the nation as well. Our network is set up to accept most insurances, self-pay and contracted rates with health & welfare funds to make treatment affordable to everyone.

What is next for you and Treatment Solutions Network?

We are working with a committee focus group comprised of leadership from Boston Fire, Boston Police, Providence Fire, MA Department of Corrections and MA Sheriff’s Department. This group is being directed by a highly accomplished therapist to design programs specifically geared toward Unions, Public Safety Officers and to help us better serve the Employee Assistance Professionals we work with. Our programs are designed to find the best possible solution to Dual Diagnosis problems. Solutions that combine, long term success, financial flexibility, and clinical practice into effective services.

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Page 14

Common Ground

MAY 2011

The folly of zero tolerance policies – wherever they exist

By Russell Irving Whether at home, school, or work, zero tolerance policies are neither fair nor effective. And, the reasons should be obvious. But for those of you who aren’t quite certain of that or who want some examples to show those who do believe in this cop-out method of delivering consequences, here come some examples.

Parents often rely on the zero tolerance approach so that their children, especially teenagers, will know not only what is expected of them but what consequences specific actions will bring. Parents somehow believe that this will quell any back talk from their offspring. Ah, the naiveté of it all.

Mary knows that she is to drive straight home after school. If she doesn’t and has not first received permission to do so, then she will lose the use of the car and cell phone privileges for a month.

However, on this fine day, her best friend, Maria, says her younger sister missed the city bus and would have to wait in a ‘notso-hot’ neighborhood for an hour to catch the next bus. So she begs Mary for a ride to get her sister and take them home. Mary’s folks are at work and don’t like being disturbed. So believing that she is being a Good Samaritan, Mary does the deed. Then, she arrives home.

So, does she tell her folks what happened, knowing that she will lose the car and cell phone? Not if

she is like many teens! She will lie; whether overtly or by omission.

And, if she gets away with it, she will have experienced the reward of being sneaky, and the parents will be deprived of knowing what a great deed she did.

Wouldn’t it have been better if Mary felt she could speak openly with her parents? And, if there was to be a punishment, then it would fit her actions and not be overboard simply because “a rule’s a rule.”

Here’s a real example of zerotolerance at its ridiculous best.

An elementary school student walking from home finds a squirt gun on the ground and picks it up.

As soon as he gets to his classroom, he gives the unloaded squirt gun to his teacher. She immediately thanks him and simultaneously brings him to the principal’s office.

The principal calls the police and tells the boy’s parents that since he brought a weapon to school, he must be expelled. Expelled, mind you, for voluntarily turning in an empty squirt gun simply because the school system was too afraid to make case-by-case decisions, lest a parent cry ‘foul’ and threaten a lawsuit! And the school is supposed to teach young folks how to make decisions? And be logical?

OK, so how about work? Here is another instance where “‘the obvious” solution is ignored. A store has a policy against stealing, which sounds about right. A man

who was caught stealing cash from the register is fired, but so was the woman who took home a pen because she was stopping by the post office to remit a bill and needed to address the envelope that was in her car.

I agree that both stole from the company. But somehow or other I cannot equate both crimes to be equal in nature. By firing the woman instead of perhaps taking her off the schedule for a day or docking her an hour’s pay and giving her a warning, the boss has instilled an atmosphere of fear and resentment in his employees. Such an atmosphere is not the most conducive for great store morale, wouldn’t you agree?

What of the company that has a policy of docking union members for being more than five minutes late. The supervisor asks Moses to drop off a package to the post office on his way back from lunch. Unfortunately, Moses underestimated the traffic at that hour so he’s 15 minutes late. The supervisor thanks Moses on the one hand and docks his pay with the other hand. What was gained by this all-or-nothing policy?

Finally, most marriages have zero-tolerance policies even though the spouses probably don’t recognize them as such. Take the ‘no lies’ policy. Does the wife really want to hear that she’s gained weight? She can certainly tell that all on her own. For the husband,

it’s a lose-lose situation.

On a more serious note, if a husband breaks his vows with a one-night stand, which is absolutely wrong, and later tests positive for a sexually transmitted disease and knows his wife’s stand that any adultery will lead to a divorce and loss of parental visitation what will he likely do?

You got it! Lie and hope that she doesn’t catch anything from him.

Again such a scenario sends a wrong message. In such a case, the husband should confess and then attempt to work on his marriage if he and his wife so desire.

The bottom line is that such policies, no matter where they are implemented, seldom work out as planned. If you insist on a zerotolerance policy, then please don’t make the consequence the same regardless of the circumstances.

Otherwise, you will likely lose more than you will gain.

‘Nuff said!

Russell Irving is the author of two acclaimed books: “Improve Your Marriage – Don’t Overlook the Obvious”) and “Teens! Improve Your Life – Don’t Overlook The Obvious.” They are available at www.DontOverlookTheObvious.com and www.TeensImproveYourLife. com, respectively. They also are available at Amazon.com and other book retailers. Russ is also available for speaking engagements and workshops. Reach him at admin@ ExpressYourselfHere.com.

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Common Ground

Page 15

Is it gravy or is it sauce?

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By Micheline Grossi Lombardi Growing up as a second generation Italian, I learned to cook beside my grandmother and mother in the traditional manner of making meals from scratch. I would call my grandmother on the phone and ask her how to make a dish. I’m really not sure how I ever managed to make the recipes as they came to me half in Italian, half in English and with no measurements. She would say, “Add a little of this and a little of that, and you mix it until it feels right.” I quickly learned when it “felt right,” whether it was macaroni, meatballs or cookies.

On Sunday mornings, my mother would start the gravy for the afternoon meal, macaroni.

To us, it was always macaroni and never pasta. I can think of nothing better to than to wake up to the aroma of sausage and meat browning in a pan. Then the scent of wine, garlic and spices would be added to the already tantalizing aroma as the gravy simmered for hours. I grew up in the days when the bread man delivered the hot

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What a treat to get the heel of the bread to taste the gravy and maybe have a bite of meatball.

Our family tradition was to serve macaroni with meatballs, sausage and braciola for our Sunday meal.

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Common Ground

MAY 2011

Massachusetts Teacher’s Association president responds to “Boston Globe” article on educator evaluation Responding to an article in the April 17 “Boston Sunday Globe,” Massachusetts Teacher Association (MTA) President Paul Toner reiterated that the MTA and the Educator Evaluation Task Force agree that multiple measures of student learning, including Massachusetts Comprehensive Assessment System (MCAS) student growth scores where available, should be part of educators’ evaluations, but that no high-stakes decisions for teachers and administrators should be based on those outcomes alone.

The “Globe” article – headlined Rating Teachers on MCAS Growth – focused on draft evaluation regulations that

Education Commissioner Mitchell Chester sent to the Massachusetts Board of Elementary and Secondary Education (MBESE) and subsequently provided to the task force, which includes representatives of the MTA. MTA attorneys and other staff members will closely analyze the draft regulations and comment on them during the public comment period, which is likely to last until shortly before the June 28 MBESE meeting.

The lead paragraph of the “Globe” article states that Commissioner Chester’s regulations would “make student MCAS results central to judging” the performance of teachers and

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Shortly after the article was published, Chester expressed concern about how the issue was reported and released his own statement seeking to clarify his stance. His statement begins: “Both the headline and initial paragraphs of today’s “Globe” story do not provide an accurate summary of my recommendations as they relate to the use of student performance measures. I have proposed that student learning be central to the evaluation and development of the commonwealth’s educators. My recommendations require that for every grade and subject, at least two measures of student learning gains be employed.”

The “Globe” article also states that the MTA “supports using MCAS and other testing data in evaluations.” Toner said that the organization’s position, detailed in a report titled Reinventing Educator Evaluation, is that multiple measures of student learning outcomes, not just test scores, may inform an educator’s evaluation but not determine it.

“We have said from the start that the observation of educators at work and human judgment must still be the central components of an educator evaluation system, as they are for virtually all professionals,” Toner said. “We have also said from the start that student learning outcomes at the classroom, district and state levels should also be reviewed and considered in the evaluation process because at the end of the day our main job as teachers and administrators is to improve student learning. However, we and 90 percent of the other task force members are also clear that there is no single measure, including MCAS, that fully, fairly and accurately identifies the effectiveness of any individual teacher. Those measures are all prone to error. Therefore, while they should be considered, they must not supersede evaluator

judgment.”

Toner also stated once again that MCAS growth scores must never be “central” to a comprehensive teacher evaluation because those scores can be computed for only an estimated 16 percent of all teachers. The vast majority of educators teach grades or subjects for which no MCAS growth scores exist. For those for whom MCAS growth scores can be calculated, he said, “MCAS should not trump other measures of learning, just as no measures of student learning should trump evaluator judgment.

“There is near universal agreement that the evaluation system must be changed,” Toner continued. “Our recommendations on what changes to make were embraced by a majority of task force members. A small number of business representatives on the task force wanted MCAS to account for 50 percent of a teacher’s evaluation. The task force soundly rejected using that or any other specific percentage. Our comments on the regulations will reflect our consistent position: Consider student learning, but reject any plan that would give too much weight to test scores since there are many factors beyond teacher effectiveness that determine those scores.”

The following is the remainder of Commissioner Chester’s statement in response to the “Globe” article: “At the grades and subjects where MCAS growth measures are available, they must be one of the measures – but cannot be the sole measure. Further, I have not specified the manner by which the multiple measures of student learning are to be combined. Each district will develop and document the manner by which they will utilize the multiple student learning measures to determine whether students are making at least a year’s, less than a year’s or more than a year’s gain.”

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MAY 2011

Common Ground

Page 17

Injustice served

By E.J. Finocchio When it comes to enforcing animal cruelty laws in the state of Rhode Island, the decision made in the 6th District Court on March 24 demonstrates that the courts do not take cases of animal cruelty seriously.

This is an ominous edict considering there is a direct correlation between animal abuse and domestic violence. Statistics compiled by the National Coalition Against Domestic Violence are very disturbing and validate the connection. When animals are abused, the court should recognize that people are at risk.

The case of Icabod, an

11-month-old lab mix that was nearly starved to death by his owner has motivated hundreds of people in our state to express their enragement over the court’s decision. Icabod was confiscated from his owner in December after the Rhode Island Society for the Prevent of Cruelty to Animals (RISPCA) received a tip regarding an extremely emaciated dog living at an apartment in Providence and transported to the RISPCA. When he arrived at the RISPCA shelter, he was near death, weighing a mere 22 pounds, severely anemic, dehydrated, emaciated and suffering from demodectic

mange, which caused patches of his fur to fall off. It was an obvious case of failure to provide adequate care, medical attention food, and water to this poor animal.

Due to his owner’s blatant failure to provide him with adequate nutrition, Icabod resorted to eating garbage, blankets, clothing, plastic and other household items in an attempt to survive - he was one of the most emaciated dogs we have encountered at the shelter.

Icabod convalesced at the RISPCA for three weeks, gaining back his strength and weight and was placed in a foster home for five weeks. Once fully recovered, he

returned to the shelter weighing in at 62 pounds and was put up for adoption. He was adopted in February by a loving family and despite what he had been through; Icabod is adjusting well in his new home.

On March 24, Icabod’s owner, Nicole Symonds, who was represented by a public defender, appeared in Providence’s 6th District Court on one count of mistreating animals and one count of unnecessary cruelty to animals.

The RISPCA and the Providence Police Department presented the court and Jeffrey Padwa, the city Continued on page 19

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Page 18

Common Ground

MAY 2011

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MAY 2011

Common Ground

Continued from page 17 solicitor prosecuting the case, with a very detailed multi-page report including the RISPCA’s animal cruelty investigator’s report, a veterinarian’s findings, laboratory reports, pictures of the foreign material Icabod had ingested, the defendant’s statement and some very graphic photographs of Icabod’s frail and emaciated body.

As to the information Padwa presented to Judge Anthony Capraro, there is much to be desired based on our presence in the court and review of the audio of the case that lasted a mere four and half minutes. Judge Capraro asked Padwa what the charge was, and he simply stated that Symonds neglected her dog until it was eating household items. Judge Capraro asked Pawda if the dog was alive or dead, and Padwa responded that the record did not indicate that information. Padwa did a great injustice in speaking for those who cannot speak for themselves in his presentation of the case.

Judge Capraro accepted Padwa’s penalty recommendation and Symonds’s nolo contendere plea to mistreating animals. The judge asked that Symonds make a $50 contribution to the Violent Crime Indemnity Fund, filed the case for one year, waived the court costs and dismissed the animal cruelty charge. Empirically speaking, we do not feel that justice was served and that the penalty imposed does not fit the crime.

We are deeply concerned about the precedent set by Judge Capraro’s ruling. The disappointing decision sets a bad precedent and undermines the hard work done by the RISPCA, animal control officers, police departments, and other humane organizations throughout the state. The decision also weighs heavily on all concerned citizens in our state who have expressed their scorn over the ruling.

Everyone is concerned where the process went

astray. What information did Padwa present and not present to Judge Capraro for him to impose such a lenient punishment? Was the case taken seriously? Does one’s social or economic position in our society tip the scales of justice? Is it true the defendant has two relatives who are employed by the court system? Why didn’t Padwa have the courtesy to engage the RISPCA in formulating an acceptable punishment? Those are questions we would all like answers to, and to deny us the answers would be another injustice.

Unfortunately, cases such as Icabod’s are not rare. The animal cruelty investigator at the RISPCA receives thousands of complaints on animal cruelty each year and goes on countless investigations. Every year, we encounter several cases as appalling as Icabod’s right here in Rhode Island. Time after time, despite the tireless efforts of many dedicated individuals, it is our opinion that those cases break down when they arrive in the courts.

The leniency of the courts attitude toward animal cruelty cases is exemplified by the fact that over the past decade, only a handful of people have been convicted of animal cruelty in our state. The harsh reality is that despite man’s humanity, impertinence, insensitivity and cruelty are still part of his being and unfortunately, we are reminded of those transgressions too often.

Those tribulations should be overcome by the powerful forces of the law when enforced, but power without empathy is perilous and power without accountability is useless. Society benefits the most when those in power use that power to protect the most defenseless in our midst, including all creatures great and small.

Those who abuse animals must be held accountable for their inexcusable actions. If we continue to treat cases of animal cruelty as minor offenses and give the perpetrators a mere slap

Page 19

on the wrist, we will continue to see the abuse of defenseless animals in our state and send a validation to those who prey on the weakest in our society.

All of us here at the RISPCA and our supporters are extremely disappointed with the outcome of the Symonds case. However, we will never abandon our mission in speaking for those who cannot speak for themselves.

E.J. Finocchio is president of the RISPCA.

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Common Ground

MAY 2011

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