Pro-union teachers say Clovis school leaders undermine unionizing efforts in complaint

The Association of Clovis Educators has filed an unfair labor practice claim against the district, alleging it has stifled union organizing by influencing and supporting the faculty senate for decades, despite a 1980s ruling that found the district violated the law.

The association, dubbed ACE, is made up of Clovis Unified teachers who have been attempting to create a union at the district, which would be historic — CUSD is the state’s largest district without a union. ACE went public on April 5, but teachers had been organizing since at least July 2020. Many said they felt excluded from the decision-making process, which was exacerbated by the pandemic.

Another group of CUSD teachers has been speaking out against unionizing. The Clovis Teachers for Clovis website urges the district to keep its faculty senate, which is the organization that represents teachers at the district level during decision-making. The senate works as more of an advisory panel and doesn’t have direct bargaining or negotiating power, ACE has said.

The complaint, which the Public Employment Relations Board received on Tuesday, cites an old PERB case that found the district violated the Educational Employment Relations Act by controlling faculty senate affairs “through overseeing elections, reviewing the organization’s bylaws and evaluating the Faculty Senate President. This control allows the district to decide whether to address issues that arise as employees do not have collective bargaining rights,” ACE said in a news release on Wednesday.

The district responded to the complaint on Wednesday afternoon, and officials said it is inaccurate and they “fundamentally” disagree with it.

“On multiple occasions since the late 1970s, teachers in Clovis Unified have voted to have no union representation,” said spokesperson Kelly Avants. “Resulting from these votes, was a desire from teachers to have an organization made up of their peers to meet and confer with the administration on issues of interest. That organization is Faculty Senate, which has been in existence for decades.

“Clovis Unified has a history of high rates of teacher satisfaction and student performance and has utilized collaborative and mutually respectful decision-making to benefit students and staff,” Avants continued. “The District recognizes that employees have a legal right to attempt to form a union. In light of Tuesday’s allegations, we will exercise our right to respond through the appropriate PERB procedures.”

A history of unionization attempts

Pro-union teachers say this isn’t the first time Clovis Unified has been accused of unfair labor practices.

“Back in 1983, Clovis educators who were unionizing also filed unfair practice charges against the CUSD administration for illegal interference by supporting and favoring the Faculty Senate,” the ACE news release said.

“The unfair practice charges were upheld by PERB and CUSD was ordered (among other remedies) to stop contributing financial support to Faculty Senate alone—a ruling CUSD is disregarding today.”

“We are concerned that CUSD administration’s control of the Faculty Senate is not only illegal, but it also undermines the ability for Clovis educators to successfully advocate for the improvements our students deserve,” said Kristin Heimerdinger, a Buchanan High School teacher and leader of ACE.

According to the complaint, the district “completely dominates the workings of the faculty senate,” which then “campaigns against teachers attempting to truly have a voice by gaining the right to collectively bargain.”

School districts cannot be involved in the unionization process or support a pro-union or anti-union campaign, and public employees cannot deter nor discourage employees from joining a union, according to the Public Employment Relations Board.

This story was originally published June 2, 2021 at 3:13 PM.