Layoff Hearing Day 2: April 15, 2010

Frequently Asked Questions

Based on the first day of the hearing we have again compiled some of most Frequently Asked Questions:

1. DO I NEED TO SIGN-IN AGAIN TODAY? If you attended on Monday and signed-in, you do not need to do so again. If for some reason you are TALB represented and did not sign- in on Monday, you will need to talk to Eric Leocadio who will be at the TALB TABLE in the foyer, or at the TALB TABLE to the right of the stage.
   
   
2. WHERE SHOULD I SIT? Please try to sit in the same area as Monday (center area except the first 5 rows, or right side area).
   
   
3. WHY IS THE DISTRICTASKING THE JUDGE TO “SKIP” LESS SENIOR TEACHERS IF THEY HAD AVID, AP, OR IB? It is unfortunate the District decided to engage in "skipping"(including AVID, AP, IB, some administrators, and others.) This practice is divisive as it becomes very subjective and pits teachers against teachers. The District administration made the decision unilaterally regarding who to skip without any authority from the School Board.
   
   The District has complicated the matter even further because they did not actually rescind the notices of those employees they "skipped". Even though TALB hasn’t taken a position on skipping, rescinding the notices of skipped employees would have been the ethical thing for the District to do for both those who were "skipped" and those who were not. It would have allowed those teachers (and TALB) negatively impacted by the skips to argue for reinstatement without pitting one teacher on the layoff list against another.
   
   The District did this because they know it will pit one teacher who got a notice against another teacher who got a notice, creating a conflict for TALB and making the teachers feel angry and/or guilty. We will get around this by helping impacted members to testify on their own behalf with our help. TALB cannot make a legal argument in this type of situation but will help the involved teachers do that.
   
   This is all intentional and one of the more divisive tactics that some Districts engage in during a layoff. While it will cause some chaos and bad feelings, it is important to keep in mind that our fight is not with each other and that it is the administration that has unnecessarily created this environment during the layoff process.
   
   
4. WHAT WAS THE DISTRICT TALKING ABOUT WHEN THEY SAID ONE PERSON “BUMPED” ANOTHER PERSON? If someone is laid off and there is no bumping involved (or that person is at the end of the line and "can't bump") that should mean that there is no other person with less seniority who is retained and can teach what that person is credentialed/competent to teach. If a person does bump another person, that should mean that the person they bump is less senior and teaching in a position the person who is doing the bumping can also teach. The bumping chart is District Exhibit 12. District Exhibit 11/Exhibit A also has some helpful information relative to bumping. We brought extra copies of both documents and they are at the TALB TABLE. You can also download them at the Layoff Hearing Documents page.
   
   
5. WILL THE CTA/TALB ATTORNEY (MARIANNE) BE MEETING WITH US DURING THE HEARING PROCESS? Our attorney, Marianne Reinhold may need to talk to the group and to individuals throughout the process. Kent Morizawa (also a CTA/TALB attorney) will also be working with individual teachers during the hearing to prepare them to testify or deal with questions that arise while Marianne and Joe are presenting evidence to the Administrative Law Judge.
   
   
6. IF I HAVE AN ISSUE NOT INCLUDED IN MY RIF DATA FORM WHAT SHOULD I DO? Fill out the Attorney Alert form (on the reverse) and give it to Chris Callopy.
   
   
7. HOW WILL I KNOW IF/WHEN I AM SUPPOSED TO TESTIFY? We will post names on the WHITE BOARD or EASEL next to the TALB TABLE near the front of the stage.
   
   
8. IF I HAVE A QUESTION OR CONCERN WHILE THE HEARING IS IN PROGRESS WHAT SHOULD I DO? Attorney Marianne Reinhold and Executive Director Joe Boyd will both be working with members before the Administrative Law Judge and presenting evidence during the hearing. If you have questions during this time, Attorney Kent Morizawa and Asst. Executive Chris Callopy will be at the “TALB Table” helping members with questions and preparing them to testify. President Mike Day, Vice-President Virginia Torres, and Field Services Specialist Eric Leocadio will also be available and working throughout the room to assist TALB members.