[Ohio-talk] looking for advice

Debra Baker via Ohio-talk ohio-talk at nfbnet.org
Mon May 26 03:36:47 UTC 2014


Nicole,

You won't want to hear this.. Keep looking earnestly for another job!!
Hopefully your having ten years or so, most of your salary would transfer to
another district and you would neither lose money nor start at the bottom
again.

Debbie Baker
(We're on friendly nickname terms by now).


-----Original Message-----
From: Ohio-talk [mailto:ohio-talk-bounces at nfbnet.org] On Behalf Of via
Ohio-talk
Sent: Sunday, May 25, 2014 11:12 PM
To: ohio-talk at nfbnet.org
Subject: Re: [Ohio-talk] looking for advice

Debra,
I am in somewhat of a unique situation....if it isn't crazy enough
already.....in that, I am president of a union that is a "local", in that we
do  
not belong to a larger union....LONG story.   Anyway, so we are  represented

by an attorney in the area who works with many different districts  unions
in 
some capacity and even does work for OEA.   In our district,  it is 
customary that the President is at the negotiating table.  This year,  all 4
unions in the district are negotiating.  Some of the other unions  have
already started.  It is my understanding from speaking to them, that  this
time, the district is even pushing boundaries with this, in that, they are
at times insisting on only speaking to the President and the Rep.  Of
course, it is simply another "tactic".  I do not believe though that even
if I were not "at the table", that they would not be tempted to still
retaliate,  knowing I 
was still "behind the scenes".   You are right  though.....it would be 
illegal for them to do but it would be a matter of  proving it.  
Can you see though why I have this tug-of-war going on in head!!!!   It's 
maddening!  LOL
Nicole
 
 
In a message dated 5/25/2014 10:09:30 P.M. Eastern Daylight Time,
ohio-talk at nfbnet.org writes:

Nicole,,

Debra Baker one more time.  I just  realized:  I don't know about your
district, but when we bargained in  my district, the union president never
sat at the actual negotiations table  anyway, just as the board president
didn't either.  Perhaps that would  be best for you considering this matter.
Talk with your labor relations  rep.  Of course your team would keep you
informed about bargaining at  all points.  But perhaps you wouldn't sit at
the  table.


-----Original Message-----
From: Ohio-talk  [mailto:ohio-talk-bounces at nfbnet.org] On Behalf Of via
Ohio-talk
Sent:  Sunday, May 25, 2014 9:39 PM
To: ohio-talk at nfbnet.org
Subject: Re:  [Ohio-talk] looking for advice

Hi Colleen (and all),
You are right  that sometimes you do have to go to the next  step.  I do
believe  I am probably at that point.  
With that said, as you stated,  sometimes there are risks  involved.  To
further complicate my  situation, there is something I didn't  share in my
original  message....because it really shouldn't matter....but it is  what
is making me hesitate on this.  
You see, I am also a union  president.  We are negotiating  our contract
this year and  negotiations are slated to be done in June and  July.  My
concern is that if I do go outside the district and file a  complaint,  that
they may
take that and lash back by taking it out on the union   during negotiations.
Negotiations are already anticipated to be tough  this  year and I am
fearful they would retaliate....and I think it  would be difficult  to prove
that 
that is what they were actually  doing.   Does that make  any sense?   
Like I  said....it shouldn't matter...but the reality is, the  timing
stinks.
So that is what is making me hesitate.  I meet with  the  union's attorney
this week about negotiations and am hoping to get her  take  on the matter
then.
Thanks for your  input!
Nicole


In a message dated 5/24/2014 3:13:22 P.M. Eastern  Daylight Time,
ohio-talk at nfbnet.org writes:

Hello  Nicole,
I  can tell you from personal experience that sometimes it is  necessary  to
go to the next step when the powers that be are not willing to   work with
you when you ask for reasonable accommodations.
While there  are  some risks when you go from the Soft Approach and Internal
Mediation sometimes  you have to decide that you need to go  outside the
agency you work for even if  this is somewhat  intimidating.
Sometimes people want to make it difficult  for someone  in hopes that they
will give up and leave their position.
As   Marianne said a good paper trail is your best bet.
Document,  document,  document.
You are the only person who can decide what you  want to do in  this
situation.
I would like to encourage you to go  to the next step sooner  rather than
later because the more you allow  people to ignore their agreement  and
reasonable accommodation request  the more they will do so.
Colleen  Roth


----- Original  Message -----
From: via Ohio-talk   <ohio-talk at nfbnet.org>
To:  ohio-talk at nfbnet.org
Date:   Friday, May 23, 2014 11:09:15 PM
Subject: [Ohio-talk] looking for   advice

>
>
>  
> Hi,
> I am not one  to  put messages on the  list very often and when I do,  
> it
is 
>  typically responding to someone else's   message.   
> I  am looking for some advice from   others though...ffget an idea of 
> what

> others might do in  my situation.  I apologize for the  length.       
> Just some quick background   information first.  I am  legally  blind.   
I
am 
>  finishing my   12th year of teaching in an inner city public school
system  
>  as a  special education teacher.  I have  taught in  the  same school
district 
> for my entire career.  They hired  me  knowing that I was legally 
> blind
and 
> might  need a couple  reasonable accommodations.  For 10 years or so, 
> the  district's  administration was very helpful and very  willing to 
> provide
any 
> reasonable  accommodations to  me I requested.   I  certainly wasn't 
pushy
and only  
> asked for things that were   essential.  They were  always more  than 
willing 
> to comply  with my requests  and never questioned anything.   Even during 
 
> those 10  years, I had  several different principals, 2 different  
>  Special Education directors, and a  couple different   Superintendents 
> that I
worked under.  
>  For the  most part,  with the  exception of one principal that caused 
> problems for  everyone, I had no issues  with any  administration and 
> any
requests I  
> made.  The  one issue I did have with the  principal, the  
> Superintendent
at 
> the time quickly corrected the issue.   
> In the last couple years, we have  acquired a  new  Superintendent, a new 
> Special Education director, and  new   principals.   The response I  have 
>  received from the  current administration has been very  different.   
> At the  beginning of December of  last  year, I made a request for a 
>  reasonable  accommodation to my principals.   They ignored my   request. 
 
I again asked 
> a couple more times,  getting  more  specific and more direct each time...
> .while still  being  professional  and respectful.  I was still   
ignored.  
Then  at 
> the beginning of  January, I  contacted the Superintendent in  an 
> attempt
to 
>  resolve the issue,  which had worked the one other  time I had had 
> issues
with 
> a  principal.  The   Superintendent also ignored my  attempt to contact
him 
> and  never  responded.  After discussing it with our union's   attorney
(who  
> also happens to practice disability law), it  was decided that I   would 
file an 
> internal ADA  complaint within the district.    I filed the complaint and 
>  chose to  have our union's attorney  act as my  representation.   The 
district 
> contacted   their  attorney who then contacted my attorney.   After  some 
 
> discussion and despite  my anger, I agreed to mediate  the issue 
> without
the district 
> having to go   through the investigation  process first.   Although I was 
 
> angry because I felt   that the district's actions were  totally out of 
line and 
> unnecessary,  I was not  going  into this with an attitude of "I'm out 
> to
get 
>   them".   I just wanted to continue to be  treated in the  same  manner 
I
had 
> been for 10 years and be provided  reasonable   accommodations when I 
> requested them, nothing  more.   We  held a meeting where it was  myself, 
my  attorney, 
> the district's  attorney, and  administration.   We came to a written and 
>   signed  agreement between the district and myself as to the  
> reasonable
 
> accommodations  that I needed and the district  was willing to  provide.  
 
I thought 
> with the  signed  agreement and my  dismissal of the complaint, that  
> we'd
all 
> be able to move on   and I'd get what I  needed.  The  agreement was 
supposed 
> to  be  distributed to all administrators that I work with  or under  
> so
that  
> they were aware of the agreement and its  contents.   About  2 weeks 
later, I 
> was   speaking to one of the administrators and  I mentioned  the
agreement....and 
> they  seemed to be unaware of  the  agreement or its contents.  This
concerned 
> me.  I  asked  a couple other administrators  and received the  same
response.  
>  So  I called my attorney and told  her my concerns.  I  said "How can 
> I expect these people  to  follow an agreement that  they don't even 
> seem to
be  
> aware of?  I mean, that doesn't seem  very fair to   them."   She then 
contacted 
> the   district's  attorney and we ended up on a three-way conference  
call.    I 
> explained my concerns.  She did have  documentation that  all the 
> administration had been informed of  it but stated that  she would 
> make
contact  again 
> with the  Superintendent's  office and tell them that they needed to 
> check

>   again with their administrators to ensure they were well aware of  
> the
agreement 
>  and expectations.  Again, I wasn't   out to  "get them"...I was simply
just 
> trying to prevent  another  issue.   This was like 2 months ago.    
> So, now  comes today.  I was at a district level  professional
development  
> meeting in which I was to be  provided a reasonable  accommodation 
> that
would  
> allow me gain the information I needed  and fully participate in  the  
> professional development.   Mind you,  this  professional development is 
information 
> and  training on our  new state level  teacher evaluation 
> system....which
in   
> turn, directly correlates to my evaluation  and ultimately,  my  job.   
So,  yes, 
> it is extremely  important  stuff.  The accommodation I was to be 
> provided  today was on the  signed agreement  we made months ago.  The 
> two  administrators who ran the professional development were  both 
> people who
were  provided 
> the  information....one of which was ironically,  the Special Education   
> director.   Despite the   agreement, I was not  provided the 
accommodation.   I had to 
>  go through  the training  without it.   Needless to say,  I  am  angry 
and 
> frustrated.   I  had 10 great years  with  no issues.   I've tried very 
hard to 
> work  with the current  administration and have  tried to  
> understanding
and 
>  forgiving.   I've given them  chances to make  things right and  do the 
right 
>  thing.   They just don't seem to care!!!   
> So, my  question is......._what avenue  would you do  next?  Would you 
> try
and 
> mediate yet again, even though  they are  obviously refusing to follow 
> the

> agreement that is   already made?   Would you file a complaint outside 
the  
>  district?   What direction would you take  from   here?   What 
suggestions do you  
>  have? 
> Any  thoughts are  appreciated! 
> Thanks  in  advance,
>  Nicole
>  _______________________________________________
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>   

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