MESD settlement is not quite all settled

Confusion continues to surround the end of the Local 1995 strike at the Multnomah Education Service District, and it could take legal action to clear up remaining problems.

As part of the tentative agreement reached at 3 a.m. on Dec. 15, MESD officials insisted that striking Local 1995 members would be put on paid status as of Dec. 17, but that the district didn't want the employees back to work until their first regularly scheduled shift on or after Jan. 2.

But employees soon received letters saying anyone returning to work would have to be "processed" at the MESD administration building between Dec. 17 and 21. Following that, a few members received phone calls from managers telling them they needed to report back to work immediately, and could be disciplined for failing to do so. Finally, as some members went in for their processing, they were told they were being reassigned to different job assignments or work locations.

Some are questioning whether the district is exercising thinly veiled retaliation against the union for the strike. One of those being reassigned is Local 1995 President Kate Baker; a union strike captain is also being moved from a job she's held for several years. However, early reports that all Local 1995 members would face reassignment did not turn out to be true. Union attorneys are monitoring and studying the situation closely. Publicly, the district has said the strike provided an opportunity to re-evaluate where its employees were needed the most, and that limited reassignments would occur based on that re-evaluation.

"The whole thing smells," said Council 75 staff representative Issa Simpson. "MESD management continues to create an air of uncertainty for our membership. They've contradicted the tentative agreement several times."

Simpson notes that some Local 1995 members undoubtedly left for the holidays after hearing that the TA said they weren't to return until after Jan. 1. Other members are simply deciding to return to their job on Jan. 2, as dictated by the tentative agreement, without going through the mandated "processing."

On the advice of legal counsel, the union ultimately decided to encourage the members to go ahead with the processing at MESD headquarters. Dozens did so on Dec. 20, with Simpson and other Council 75 staff reps on-site to help walk them through the process.

"At this point, though it's an unusual step after a strike, we're recommending that our members cooperate," said Simpson. "But we will vigorously defend any member's rights that we feel are violated, should that occur. We've identified several potential claims already, and I imagine there will be more to come."