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Teachers’ Union Says School District Not Honoring Labor Agreement Reached in Strike

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The Oakland teachers’ union, the Oakland Education Association (OEA) , is calling on Oakland Unified School District (OUSD) Supt. Kyla Johnson-Trammell “to immediately reverse decisions” that violate terms of the school district’s contract with teachers,  including provisions that were ratified as part of the settlement of the seven-day teachers’ strike earlier this year.

“Rank and file members are concerned that they’re not respecting our contract,” said Brian Crowell, teacher and secretary of the OEA Grievance Committee.

“We’re not talking about a grievance here or there,” he said. “We’re talking about broad violations of the contract, our fundamental collective bargaining agreement.”

Crowell said that union members are now facing “retaliation and bullying by administrators,” which he believes reflects the district’s disrespect for educators.

Although the strike is over, Crowell said that the union is continuing to organize, fighting for its members and in the interests of the community. “Our loyalty is to the students and the community. That is our primary concern,” said Crowell, adding that another major union concern is school closures.

 

Brian Crowell. Photo by Ken Epstein.

“That was a big issue during the strike, and has not been resolved. There is a disputed question whether that is a (legitimate) area of bargaining, but it is something that has a huge  impact on working conditions.”

The school board has voted to close or merge several schools in 2019 and is expected to close more school sites from a list of 24 over next several years.

“School closures disproportionately harm Black and Brown students,” said the OEA in a petition it is circulating to union members. “OUSD has shown no evidence that (closures) improve learning or save money…Reinvest in our public schools, (don’t) close them,” the petition said.

The document also claims that the district withheld “$9 million from the employee healthcare fund, despite a signed settlement agreement reached in September 2018.”

The petition warned that without these payments, the fund will become “insolvent within a year” and force employees to  begin to make “dramatic out-of-pocket” payments for their individual health plans.

For many years, healthcare coverage has been provided 100 percent as part of the union contract, but according to Crowell  the agreement signed by the union and the district last year said that effective July 1, the district would pay $2.25 million annually until the final payment is made by June 30, 2024.

“July 1 came, and the district didn’t do it,” he said, pointing out that this issue not only effects teachers but also other school employee unions, including United Administrators of Oakland Schools (UAOS) , SEIU 1021, AFSCME Local 257, as well as teamsters, building trades and others.

The OEA petition also focuses on the district’s failure to hire staff to support student learning – including newcomer teachers, speech pathologists and school psychologists – which was part of the agreement that ended the teachers’ strike in February.

In addition the petition claims that OUSD “refused to honor our personal leave contact language.” Under the contract, teachers are entitled to five days a year of personal leave, which automatically converts to sick leave if unused. When an employee retires, accumulated sick leaves can be added to total length of service to increase pension benefits.

The district is failing to convert unused personal leave to sick leave, Crowell said.

In response to questions from the Oakland Post, district spokesperson John Sasaki said,  “First and foremost, no fund is going insolvent (or even could go insolvent). This isn’t possible as the District pays its share of healthcare costs from the General Fund. Pursuant to existing agreements, we are working with all of our union partners to resolve outstanding issues related to potential healthcare set-asides by the District. We are committed to honoring our labor agreements, and addressing any concerns with interpretation, audit findings or hiring by working with OEA.”

Speaking to the school board Wednesday evening about the teachers’ union concerns, OEA President Keith Brown said,  “The district is not respecting the agreement you made to hire more psychologists. You’re  not respecting the agreement you made  with us to hire more speech therapists (and) more newcomer staff. You are not respecting the agreement you made with us regarding our health care.

“I can’t believe what you say because I see what you do.”

Activism

Oakland Post: Week of November 20 – 26, 2024

The printed Weekly Edition of the Oakland Post: Week of November 20 – 26, 2024

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An Inside Look into How San Francisco Analyzes Homeless Encampments

Dozens of unhoused people are camped at Sixth and Jesse streets in San Francisco’s South of Market neighborhood. Tents made of tarps and blankets, piles of debris, and people lounging alongside the allies and walls of businesses are seen from all angles. These are some of the city’s hotspots. City crews have cleared encampments there over 30 times in the past year, but unhoused people always return.

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Since the ruling of Grants Pass by the US Supreme Court earlier this summer, which allows cities the authority to ban people from camping or sleeping on the streets, San Francisco has been at the head of the conversation to crack down on encampments.
Since the ruling of Grants Pass by the US Supreme Court earlier this summer, which allows cities the authority to ban people from camping or sleeping on the streets, San Francisco has been at the head of the conversation to crack down on encampments.

By Magaly Muñoz

Dozens of unhoused people are camped at Sixth and Jesse streets in San Francisco’s South of Market neighborhood. Tents made of tarps and blankets, piles of debris, and people lounging alongside the allies and walls of businesses are seen from all angles.

These are some of the city’s hotspots. City crews have cleared encampments there over 30 times in the past year, but unhoused people always return.

But it’s normal to have tents set up again within less than 24 hours after an encampment sweep, David Nakanishi, Healthy Streets Operation Center Manager at the Department of Emergency Management, says. Sometimes there’s less people than before but often there is also no change.

“Most of the people that were in the encampments that want to go inside, we’ve gotten the majority of those [into shelter],” Nakanishi says. “Many of the people we encounter now, are those who have various reasons to not accept shelter, and some are already in shelter/housing”.

Since the ruling of Grants Pass by the US Supreme Court earlier this summer, which allows cities the authority to ban people from camping or sleeping on the streets, San Francisco has been at the head of the conversation to crack down on encampments.

Where neighboring cities in the Bay Area are clearing encampments a few days a week, San Francisco is sweeping 10 times a week, two per weekday.

David Nakanishi, Healthy Streets Operation Center Manager at the San Francisco Department of Emergency Management, makes a 311 report on an encampment in the Mission District. These reports allow smaller city teams to tackle individual spots where unhoused people frequent. Photo by Magaly Muñoz.

David Nakanishi, Healthy Streets Operation Center Manager at the San Francisco Department of Emergency Management, makes a 311 report on an encampment in the Mission District. These reports allow smaller city teams to tackle individual spots where unhoused people frequent. Photo by Magaly Muñoz.

Considering the controversy that plagues the city around its harsh policies, the Post decided to tag along on a ride with Nakanishi to show us how he decides what encampments make it on the city’s sweep list.

Nakanishi, having over 20 years of experience in homelessness management, drives around the busiest parts of the city almost daily. He’s tasked with arranging a weekly sweeping operation schedule for city teams to engage with unhoused folks to help get them off the streets.

So what exactly is he looking out for when deciding what encampments get swept?

It depends, he says.

Locations like schools, recreational centers, senior centers, or businesses are places he tends to want to address quickly, especially schools. These are the places where the complaints are highest and access to facilities is important for residents.

He says he also takes into account 311 calls and reports made to him by city staff. On the date of publication, over 100 calls and reports were made about encampments around the city, according to San Francisco data.

Makeshift structures built from plywood and tarps are starting to pop up more throughout the city. Certain areas under freeways are not under direct authority from San Francisco, making it harder to sweep these encampments. Photo by Magaly Muñoz.

Makeshift structures built from plywood and tarps are starting to pop up more throughout the city. Certain areas under freeways are not under direct authority from San Francisco, making it harder to sweep these encampments. Photo by Magaly Muñoz.

Nakanishi made a few 311 reports himself on the ride along, pulling over to take photos and describe the encampments into his 311 app. He says it helps him remember where to possibly sweep next or allows smaller teams in the city to engage quicker with individuals on the streets.

Nakanishi also looks at the state of the encampments. Are there a lot of bulky items, such as furniture, or makeshift structures built out of tarps and plywood, blocking areas of traffic? Is trash beginning to pile up and spill into the streets or sidewalks? Sites that meet this criteria tend to be contenders for encampment sweeps, Nakanishi says.

Street by street, he points out individuals he’s interacted with, describing their conditions, habits, and reasons for denying assistance from the city.

One man on 2nd St and Mission, who rolls around a blue recycling bin and often yells at passing pedestrians, has refused shelter several times, Nakanishi says.

People deny shelter for all kinds of reasons, he says. There’s too many rules to follow, people feel unsafe in congregate or shared shelters, or their behavioral and mental health problems make it hard to get them into proper services.

Inside a tent left by an unhoused man on Stevenson and 14th Street in San Francisco. The area smelled of human waste and leftover alcohol. Photo by Magaly Muñoz.

Inside a tent left by an unhoused man on Stevenson and 14th Street in San Francisco. The area smelled of human waste and leftover alcohol. Photo by Magaly Muñoz.

Nakanishi references another man on South Van Ness under the freeway, who city outreach have attempted to get into shelter, but his screaming outbursts make it difficult to place him without disturbing other people in the same space. Nakanishi says it might be an issue of the man needing resources like medication to alleviate his distress that causes the screaming, but the city behavioral team is in the process of outreaching him to figure that out.

In October, city outreach teams engaged with 495 unhoused people. 377 of those engaged refused shelter and only 118 accepted placements, according to city data. That number of monthly referrals is consistent throughout the entirety of 2024 so far.

Nakanishi has long advocated for the well-being of unhoused people, he explains. In 2004, he was working with the Department of Public Health and told then-Mayor Gavin Newsom that there needed to be more housing for families. Nakinishi was told it was easier to deal with individuals first and the city “will get there eventually.” 20 years later, family housing is still not as extensive as it could be, and the waiting list to get placements for families is a mile long with over 500 names.

In 2020, he was a Senior Behavioral Health Clinician at a hotel in the city during the pandemic. He says in 2021 he collaborated with DPH to provide vaccines to those staying in the makeshift hotel shelters once those became available.

Nakanishi strips apart a solo tent on Stevenson and 14th Street in San Francisco. He discards items, like tarps and cardboard, so that people cannot reuse them to make another sleeping structure. Photo by Magaly Muñoz.

Nakanishi strips apart a solo tent on Stevenson and 14th Street in San Francisco. He discards items, like tarps and cardboard, so that people cannot reuse them to make another sleeping structure. Photo by Magaly Muñoz.

Despite the constant media attention that city outreach is inhumanely treating homeless people, so much so that it has led to lawsuits against San Francisco from advocates, Nakanishi says not a lot of people are seeing the true conditions of some encampments.

He describes soiled clothing and tents, drenched in urine, and oftentimes rodents or bug infestations in places where people are sleeping. He’s asked homeless advocates- often those who are the most critical about the city’s work- who have shown up to observe the sweeps if those are conditions the city should allow people to be subjected to, but not many have answers for him, Nakanishi says.

The city’s “bag and tag” policy allows city workers to throw away items that are “soiled by infectious materials” such as bodily fluids and waste.

Sweep operations are conducted at 8am and 1pm Monday through Friday. People at the encampments are given 72 hour notice to vacate, but some don’t leave the area until the day of the sweep.

City outreach workers come out the day before and day of to offer resources and shelter to those interested. The Department of Public Works discards any trash that is left over from the sweep and washes down the area.

Nakanishi told the Post that the only time the city takes tents or personal possessions from residents is when folks become physically violent towards workers and police take the items as evidence. Other items taken are bagged and tagged in accordance with city policy.

Stories from local newspapers such as the San Francisco Standard and the Chronicle show instances of SFPD handcuffing residents while their items are thrown in the trash or disposing of personal possessions without reason.

Advocates have long been pushing for a more competent and compassionate process if the city is going to choose to continue sweeping unhouse people.

No matter the lawsuits and constant criticisms from allies, the encampment sweeps are not slowing down, even with the cold weather quickly approaching the coastal city.

Nakanishi says there aren’t a lot of large encampments left in San Francisco so now they do runs of streets in order to stretch out the sweeps as much as possible.

It’s calculated strategies and years of first hand knowledge that make this job work, “It takes dedication to the work, caring for the people and the community, and persistence, patience and sometimes good luck to make the positive changes for the people on the street,” Nakanishi says.

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Oakland Post: Week of November 13 – 19, 2024

The printed Weekly Edition of the Oakland Post: Week of November 13 – 19, 2024

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