Barnyard epithet prompts Kaplan's dramatic exit at talks
06/27/2013
Kaplan membership meetings set for July 9
After stonewalling on key issues and dodging a discussion on pay, Kaplan management representatives injected a note of drama into contract talks on Wednesday by abruptly leaving the room when the Guild's lead negotiator tried to pin them down on their proposed duties for teachers by using, um, well, let's call it a barnyard epithet*.
Okay, the word he used was (hide the children) bullshit.
BARGAINING UPDATE
While it may not be ready for prime time, bullshit has clearly worked its way into quasi-acceptable usage over the years and is no stranger to contract negotiations. Does anyone still find any shock value in it?
Apparently management lead negotiator Jay Kennedy does. “We’re gonna come back when you can control yourselves,” he said as he and his team got up to walk out.
WHAT TEACHERS CAN BE MADE TO DO
It was a dramatic way of diverting attention from the Guild's very serious effort to get company representatives off of their insistence that managers have the right to assign teachers to do anything under the sun with impunity (just use your imagination).
The Guild had counter-proposed that Kaplan International Centers (KIC) managers could assign their English teachers only to duties that teachers normally do. As we had already explained, that would include incidental functions, like cleaning blackboards, emptying trash cans and even assembling some furniture.
So, Guild Rep. Anthony Napoli asked the management side, exactly what other legitimate duties would our proposal stop you from assigning to KIC teachers? Kennedy, a Washington Post lawyer, turned the question over to Oliva Gautschi, the only real KIC manager on the team, which is otherwise made up of a Kaplan lawyer, a Jones Day lawyer and a flown-in human resources executive from California.
Gautschi said she had already provided examples of marginal duties for teachers, namely the duties the Guild had already accepted, and she appeared unwilling to cite any others. At that point, Napoli asked her to “stop the bullshit” and provide some examples. Cue dramatic exit.
Before the management sideshow, Guild bargaining committee member Shana Dagenhart asked management to clarify two points regarding its proposals on assigning work to teachers and on subcontracting. Kennedy ignored her. How professional was that?
So, we're still left with a management proposal that gives them the power to order teachers to walk up and down Fifth Avenue with sandwich board signs saying “Learn to speak English.” Wonder what the pay rate would be for that? And that's not all.
SCORTCHED EARTH SUBCONTRACTING RIGHTS
Another issue that arose before management’s sideshow was subcontracting. In a significant compromise, the Guild had proposed being able to challenge subcontracting only if it results in job loss. Management’s response, however, removed the Guild’s right to arbitrate, nullifying our ability to challenge layoffs or any changes made in employee duties as a result of subcontracting. In other words, management could subcontract away any or all of KIC’s ESL teaching operations – something it has never done before – and leave the entire Guild-represented workforce jobless and unable to challenge the move.
“We would not agree to language that would limit our ability to lay off our employees due to subcontracting,” said Kennedy.
WHAT ABOUT PAY?
Wednesday’s session began with management negotiators coming to the table without a response to a comprehensive pay proposal the Guild had previously made.
At a June 17 meeting, the Guild had lowered its proposed minimum rate for newly hired teachers on their trial periods to $19 an hour and the post-trial period rate to $22. Previously, the Guild had proposed $23 for both rates. We lowered all other pay rates by at least $1, including the proposed rate for class prep, grading and all other non-teaching work, which we cut to $13 (or half of a teacher’s teaching rate, whichever is greater). And we offered to accept management’s “blended rate” formula for calculating overtime pay if management accepted our $13 non-teaching rate.
“We don’t have anything for you at this time,” Kennedy said on Wednesday.
WHO QUALIFIES FOR HEALTH CARE?
Also on Wednesday, management negotiators gave the Guild information we had requested on June 17 on the number of teachers averaging 30 hours or more per week, since only those teachers would be eligible for company-provided health care under the Affordable Care Act and management’s previous proposals.
Unfortunately, management’s information wasn’t adequate. It covered only the most recent one- and three-month time periods, instead of the six- and 12-month time periods for determining benefit eligibility under management’s proposal. Based on the limited information management provided, the number of teachers who worked more than 30 hours a week was 29 in the one-month period and 17 in the three-month period. We could only wonder how many teachers will make the list for the six- or 12-month time frames.
Given management’s non-response on our most recent pay proposal, its inadequate response to our health care eligibility information request and its earlier refusal to modify its extreme positions on work assignments and subcontracting, Guild negotiators let management know that we saw no point in continuing to meet on Wednesday after the management team had walked out of our session.
The next meeting is scheduled for July 15. Guild members are welcome to observe.
MEMBERSHIP MEETINGS SET
The Kaplan Guild unit has scheduled meetings for all Guild members on July 9 to discuss the situation at the bargaining table and possible responses. Members may attend either of two meetings at 2:30 p.m. or 5:30 p.m. at the Guild office, 1501Broadway, Suite 708, between 43rd and 44th Streets.
THE KAPLAN GUILD BARGAINING COMMITTEE
Emily Lessem (Unit Chair)
Michael Bennett
Jon Blanchette
Shana Dagenhart
Jon Ellis
*A word about bullshitThe word had a central role in a sideshow of American journalism history. While covering the farcical trial of the Chicago Seven, who were charged with conspiring to incite a riot at the 1968 Democratic convention, New York Times reporter J. Anthony Lukas quoted one of the defendants using the word to characterize a police officer's testimony. Times editors didn't think the newspaper of record was ready for such a word and wanted the story to say the defendant “uttered an obscenity.” Lukas was equally adamant in insisting that it wasn't an obscenity. Intense negotiations ensued. Finally, they agreed that the story would have the defendant uttering “a barnyard epithet,” which also worked its way into the title of Lukas' book about the trial. In the intervening 44 years, however, the word has gained wider acceptance and has even found its way onto the pages of The Times.
After stonewalling on key issues and dodging a discussion on pay, Kaplan management representatives injected a note of drama into contract talks on Wednesday by abruptly leaving the room when the Guild's lead negotiator tried to pin them down on their proposed duties for teachers by using, um, well, let's call it a barnyard epithet*.
Okay, the word he used was (hide the children) bullshit.
| BARGAINING UPDATE |
While it may not be ready for prime time, bullshit has clearly worked its way into quasi-acceptable usage over the years and is no stranger to contract negotiations. Does anyone still find any shock value in it?
Apparently management lead negotiator Jay Kennedy does. “We’re gonna come back when you can control yourselves,” he said as he and his team got up to walk out.
WHAT TEACHERS CAN BE MADE TO DO
It was a dramatic way of diverting attention from the Guild's very serious effort to get company representatives off of their insistence that managers have the right to assign teachers to do anything under the sun with impunity (just use your imagination).
It was a dramatic way of diverting attention from the Guild's very serious effort to get company representatives off of their insistence that managers have the right to assign teachers to do anything under the sun with impunity (just use your imagination).
The Guild had counter-proposed that Kaplan International Centers (KIC) managers could assign their English teachers only to duties that teachers normally do. As we had already explained, that would include incidental functions, like cleaning blackboards, emptying trash cans and even assembling some furniture.
So, Guild Rep. Anthony Napoli asked the management side, exactly what other legitimate duties would our proposal stop you from assigning to KIC teachers? Kennedy, a Washington Post lawyer, turned the question over to Oliva Gautschi, the only real KIC manager on the team, which is otherwise made up of a Kaplan lawyer, a Jones Day lawyer and a flown-in human resources executive from California.
Gautschi said she had already provided examples of marginal duties for teachers, namely the duties the Guild had already accepted, and she appeared unwilling to cite any others. At that point, Napoli asked her to “stop the bullshit” and provide some examples. Cue dramatic exit.
Before the management sideshow, Guild bargaining committee member Shana Dagenhart asked management to clarify two points regarding its proposals on assigning work to teachers and on subcontracting. Kennedy ignored her. How professional was that?
So, we're still left with a management proposal that gives them the power to order teachers to walk up and down Fifth Avenue with sandwich board signs saying “Learn to speak English.” Wonder what the pay rate would be for that? And that's not all.
SCORTCHED EARTH SUBCONTRACTING RIGHTS
Another issue that arose before management’s sideshow was subcontracting. In a significant compromise, the Guild had proposed being able to challenge subcontracting only if it results in job loss. Management’s response, however, removed the Guild’s right to arbitrate, nullifying our ability to challenge layoffs or any changes made in employee duties as a result of subcontracting. In other words, management could subcontract away any or all of KIC’s ESL teaching operations – something it has never done before – and leave the entire Guild-represented workforce jobless and unable to challenge the move.
Another issue that arose before management’s sideshow was subcontracting. In a significant compromise, the Guild had proposed being able to challenge subcontracting only if it results in job loss. Management’s response, however, removed the Guild’s right to arbitrate, nullifying our ability to challenge layoffs or any changes made in employee duties as a result of subcontracting. In other words, management could subcontract away any or all of KIC’s ESL teaching operations – something it has never done before – and leave the entire Guild-represented workforce jobless and unable to challenge the move.
“We would not agree to language that would limit our ability to lay off our employees due to subcontracting,” said Kennedy.
WHAT ABOUT PAY?
Wednesday’s session began with management negotiators coming to the table without a response to a comprehensive pay proposal the Guild had previously made.
Wednesday’s session began with management negotiators coming to the table without a response to a comprehensive pay proposal the Guild had previously made.
At a June 17 meeting, the Guild had lowered its proposed minimum rate for newly hired teachers on their trial periods to $19 an hour and the post-trial period rate to $22. Previously, the Guild had proposed $23 for both rates. We lowered all other pay rates by at least $1, including the proposed rate for class prep, grading and all other non-teaching work, which we cut to $13 (or half of a teacher’s teaching rate, whichever is greater). And we offered to accept management’s “blended rate” formula for calculating overtime pay if management accepted our $13 non-teaching rate.
“We don’t have anything for you at this time,” Kennedy said on Wednesday.
WHO QUALIFIES FOR HEALTH CARE?
Also on Wednesday, management negotiators gave the Guild information we had requested on June 17 on the number of teachers averaging 30 hours or more per week, since only those teachers would be eligible for company-provided health care under the Affordable Care Act and management’s previous proposals.
Also on Wednesday, management negotiators gave the Guild information we had requested on June 17 on the number of teachers averaging 30 hours or more per week, since only those teachers would be eligible for company-provided health care under the Affordable Care Act and management’s previous proposals.
Unfortunately, management’s information wasn’t adequate. It covered only the most recent one- and three-month time periods, instead of the six- and 12-month time periods for determining benefit eligibility under management’s proposal. Based on the limited information management provided, the number of teachers who worked more than 30 hours a week was 29 in the one-month period and 17 in the three-month period. We could only wonder how many teachers will make the list for the six- or 12-month time frames.
Given management’s non-response on our most recent pay proposal, its inadequate response to our health care eligibility information request and its earlier refusal to modify its extreme positions on work assignments and subcontracting, Guild negotiators let management know that we saw no point in continuing to meet on Wednesday after the management team had walked out of our session.
The next meeting is scheduled for July 15. Guild members are welcome to observe.
MEMBERSHIP MEETINGS SET
The Kaplan Guild unit has scheduled meetings for all Guild members on July 9 to discuss the situation at the bargaining table and possible responses. Members may attend either of two meetings at 2:30 p.m. or 5:30 p.m. at the Guild office, 1501Broadway, Suite 708, between 43rd and 44th Streets.
The Kaplan Guild unit has scheduled meetings for all Guild members on July 9 to discuss the situation at the bargaining table and possible responses. Members may attend either of two meetings at 2:30 p.m. or 5:30 p.m. at the Guild office, 1501Broadway, Suite 708, between 43rd and 44th Streets.
THE KAPLAN GUILD BARGAINING COMMITTEE
Emily Lessem (Unit Chair)
Michael Bennett
Jon Blanchette
Shana Dagenhart
Jon Ellis
Emily Lessem (Unit Chair)
Michael Bennett
Jon Blanchette
Shana Dagenhart
Jon Ellis
*A word about bullshitThe word had a central role in a sideshow of American journalism history. While covering the farcical trial of the Chicago Seven, who were charged with conspiring to incite a riot at the 1968 Democratic convention, New York Times reporter J. Anthony Lukas quoted one of the defendants using the word to characterize a police officer's testimony. Times editors didn't think the newspaper of record was ready for such a word and wanted the story to say the defendant “uttered an obscenity.” Lukas was equally adamant in insisting that it wasn't an obscenity. Intense negotiations ensued. Finally, they agreed that the story would have the defendant uttering “a barnyard epithet,” which also worked its way into the title of Lukas' book about the trial. In the intervening 44 years, however, the word has gained wider acceptance and has even found its way onto the pages of The Times.
________________________________________________________________________________
Management's corresponding update:
Guild Quits For the Day
Today’s bargaining session started out positively, with both KIC and the Guild making proposals, but ended when the Guild’s chief negotiator acted disrespectfully and profanely toward KIC’s Oliva Gautschi – gesturing at her and telling her to stop with her “bullshit” – while KIC was in the middle of making counterproposals to the Guild. We understand that emotions can sometimes run high in labor negotiations. But the Guild’s behavior today crossed the line. We took a caucus, telling the Guild we were available to continue meeting today whenever the Guild’s chief negotiator was prepared to act more professionally toward KIC’s managers. Rather than do that, the Guild decided to end bargaining for the day.
This is an unfortunate turn of events, and one that brings us no closer to reaching an agreement. We’ve tried to be professional and candid at the table about what KIC is willing to do, and what it is not willing to do. For example, the Guild chief negotiator’s outburst today came in response to Oliva’s effort to explain KIC’s proposal for work assignment flexibility – a proposal that KIC has said, from the start, is of critical importance to KIC.
KIC never got to finish making its proposals today before the Guild refused to return to the table. No new meetings have been set.
KIC Bargaining Committee
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