May 2021 Volume 56, Number 9 American Federation NEWS of School Administrators, COUNCIL OF SCHOOL SUPERVISORS AND ADMINISTRATORS AFL-CIO Local 1 In Federal Court, CSA Running Club Labor Wins Members Run As One Some Big Ones BY CHUCK WILBANKS His co-plaintiff, Christine VonOstrand, sought to collect past agency fees she When the Supreme Court issued had paid. They argued that, in light of its 2018 ruling in Janus v. American Janus, collection of dues and fees was Federation of State, County and an unconstitutional breach of their Municipal Employees, it appeared to First Amendment rights. They wanted be a huge victory for anti-labor forces. a refund. But since that blockbuster decision The District Court for the Eastern overturning decades of precedent, District of New York rejected their labor unions stepped up their organi- claims. The court held that NYSUT, in zation efforts and many have actually collecting dues and agency fees, were become stronger. On the legal front, following in good faith the established attempts to use the Janus case as a precedent set by federal courts and springboard for more anti-union rul- upheld for decades. On April 13, judges ings have also – so far at least – landed for the Second Circuit Court of Appeals n CSA’s Running club, CSA Runs As 1, is reactivated and motoring along nicely. Every with a thud. upheld the District Court’s decision, Sunday at 8:30 am, runners led by dedicated marathoner Marybelle Ferreira, prin- The Supreme Court held in Janus citing their own 2020 decision in cipal of PS 54 in the Bronx, meet at at the steps to the fountain at Columbus Circle that that public sector unions cannot Wholean v. CSEA SEIU Loc. 2001. and 59th St. You will recognize your fellow runners by their bright orange shirts. require non-member employees to “We agree with the District Court Participants can run, walk, or amble. “It’s your pace, your distance and your comfort pay agency fees covering the costs that the Unions’ affirmative defense level,” Ms. Ferreira said. of non-political union activities. of good faith, as established in Wholean… forecloses these remaining claims,” the Second Circuit judges Attempts To Use wrote. “We held in Wholean that ALPAP parties that ‘collected fair-share [i.e., The Janus Case As agency] fees in reliance on directly controlling Supreme Court precedent A Springboard Have and then-valid state statutes . are Been Unsuccessful entitled to a ‘good-faith’ defense as a Aspiring Principals matter of law,” regardless of whether the holding in Janus is “retroactive.’” Federal Courts of Appeals around Even as that case was being decided, the country have handed down similar Graduate From deep-pocketed activist organizations rulings. were bankrolling at least 30 cases CSA General Counsel David around the country that aimed to Grandwetter applauded the Second expand on Janus by suing unions to Circuit’s decision and expressed mea- Leader’s Program return dues and agency fees that had sured confidence that the Supreme been paid for years before. Court would not reverse it. BY CSA NEWS STAFF tunity to give you all the resources you Given the Janus decision, the new “We are happy to see that our local need,” she said. “There isn’t a day that attempt to bankrupt unions was a wor- Federal Appeals Court, the Second A new cohort of 41 aspiring princi- goes by that I don’t think about you.” She risome new front in the war on labor. Circuit, has sided with all other pals graduated on May 7 after an all-re- advised the grads to “dream about your One case, featuring educators Federal Courts that have heard this mote year of study and mentoring under first day as principal like I am dreaming close to home, also has been decided issue,” Mr. Grandwetter said. “It’s clear the Advanced Leadership Program for about my first opening day as chancellor, in favor of labor. In Peligrino et al the courts are recognizing that since Aspiring Principals. Addressing the partici- welcoming the students back.” v. N.Y. State Teachers et al, Long the unions acted in conformance with pants were Chancellor Meisha Ross Porter, Mr. Cannizzaro said that, while an Island teacher Scott Pelligrino sued in the law prior to the Janus ruling, there CSA President Mark Cannizzaro and City all-virtual year in ALPAP was certainly US District Court seeking to collect is no legal basis to expand the scope Council Member Mark Treyger, as well as unprecedented, in some ways it may be past dues he said he was compelled of that decision. We would hope and a trio of superintendents. thought of as a blessing. “You missed the to pay (since he would have had to expect the Supreme Court to affirm Chancellor Porter spoke excitedly about experience of connecting in person, lost pay agency fees anyway to fund his those rulings, if it even decides to hear how the DOE finally has the chance to some visits to buildings, but another part union’s collective bargaining work). the matter.” fully fund schools. “We have an oppor- Continued on Page 3 PRESIDENT’S CORNER HONOR BENEFITS The Time Is Now: Restoring Principal Awarded Proposed Retiree Chapter New York City’s Faith In For Dedication To Member Plan, All The Facts Public Education System 2 Community 3 You Need To Know 6 2 CSA NEWS May 2021 May 2021 CSA NEWS PRESIDENT’S PAGE ‘Summer Rising’ Must New Cohort of ALPAP Graduates Continued from Page 1 Council of School Rise To The Occasion of me thinks you were incredibly lucky,” Supervisors & Administrators he said. “I’ve been in this business 35 years American Federation of School and this has been the most challenging Administrators, AFL-CIO, Local 1 DOE Needs To Make Changes To Program Right Away. By Mark Cannizzaro year. When you reflect on this crisis, with 40 Rector St., NY, NY 10006 so many people out of work, ill, you’ve Phone: (212) 823-2020 ecent data indicates that coronavi- understanding of what it takes to program seen so much you’ve probably acquired Fax: (212) 962-6130 rus infection, hospitalization, and a school for optimal student success. It is www.csa-nyc.org so many skills and emotional intelligence death rates are down dramatically. also alarmingly reminiscent of his attitude you may not even be aware of.” He also President More and more of us are com- last year, which resulted in a delayed start thanked the mentors. “You are the defini- Mark Cannizzaro Rpletely vaccinated. Plans to fully reopen of school and dizzying changes of heart tion of paying it forward,” he said. Executive Vice President our city are swiftly moving forward. The and strategy. To avoid a repeat, school Shirley H. Matthews, is director of Henry Rubio state and federal governments have allo- leaders need to know now which stu- ALPAP and is supported by Dr. Eloise First Vice President cated unprecedent funds to education, dents and staff will be in the building in Messineo, executive director of the Rosemarie Sinclair Executive Leadership Institute. The men- and the city has finally committed to September and how remote instruction Treasurer tor principals are Louise Alfano Verdemare, Christopher Ogno fully funding schools according to its own will be handled for those who are not. Anthony Barbetta, Patrick Burns, Heather formula, something CSA has been aggres- Secretary • • • Foster-Mann, Dr. Ramon Gonzalez, Steffani Fanizzi sively advocating for years. Christopher Ogno, Rory Parnell and Alexa Vice Presidents I can’t remember the last time that efore we even get to September, Sorden. Sam Akel, Jose Garcia, Ramon Gonzalez money was not a limiting factor in pro- however, the DOE must get the Lois Lee, Katiana Louissaint • • • Nancy Russo, Retiree Chapter viding all students with the wide array of B“Summer Rising” program under- ALPAP collected reactions of the men- Executive Director Operations quality programs and opportunities they way. Done well, this new and comprehen- Erminia Claudio need. The timing could not be better. Our sive program could serve as a vehicle to tees from the 2020-21 cohort: “Without a moment’s hesitation I can say with much General Counsel students must reacclimate in a stable and welcome back and reacclimate thousands David Grandwetter confidence that ALPAP has prepared me consistent environment. The public’s trust in our public of students while engaging them in quality academic, arts to be an effective school leader.” –Keisha schools – which has eroded due to the city’s poor planning and recreational activities. Its success might also give par- Green, Assistant Principal Executive Director Field Services and communication throughout the pandemic – must be ents the confidence to send their children back into school Sana Q. Nasser “My journey brought me to the DOE at restored as quickly as possible. Anything can happen in this buildings this fall. A lack of success will have the opposite 42 years old. I’d been to many PD oppor- Field Directors James Harrigan awful pandemic, but the outlook for the immediate future is effect. For the program to work, the DOE needs to make tunities in various industries. ALPAP has Reginald Landeau, Jr. the most optimistic it’s been in ages. some crucial changes, fast. been one of, if not, the best-designed and Dorothy Morris This great opportunity, unfathomable just a few months First, the summer enrollment website, which has errone- executed programs. I’m thankful that I Frank Patterson was honored to be a participant and to Mercedes Qualls ago, must not be squandered. The stage has been set for suc- ously registered students in schools other than their own, Wanda Soto call myself an ALPAPian alum.