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March 21, 2006

MEMORANDUM

 
FROM:   Reg Weaver
RE:             NEA/AFL-CIO Partnership

        Several questions/misunderstandings have surfaced as to the NEA/AFL-CIO Agreement.  In an effort to clarify, it might be helpful to begin by explaining why and how the Partnership was developed.

I.  BACKGROUND
        AFL-CIO central labor councils ("CLCs") are subordinate bodies of AFL-CIO.  The purpose of CLCs is to provide a coalition-type structure for local unions to work cooperatively on political, legislative, and other matters of mutual concern.  The AFL-CIO Constitution provides that CLCs "shall be composed exclusively of locals of national and international unions...affiliated with the [AFL-CIO] [and] directly affiliated local unions," which are independent local unions that are chartered directly by AFL-CIO with no intervening AFL-CIO affiliated national union.  To emphasize the point, the AFL-CIO Constitution also provides the reverse - that "[n]o organization that is unaffiliated within" the AFL-CIO, and "no affiliates.of such an organization, shall.be allowed representation or recognition.in any subordinate body of the AFL-CIO."  Read literally, these constitutional provisions mean that no NEA local affiliates - except those that are dual-national local affiliates of NEA and AFT - are eligible to participate in any way in CLCs.  But that was not the practice, and the decision in this regard traditionally was made at the local level.

        For many years, some NEA local affiliates in various jurisdictions participated in CLCs - often in some type of informal non-member capacity, but not always.  Some NEA local affiliates were members of CLCs.  Because there is nothing in NEA's governing documents or policies that speak to the relationship of NEA local affiliates with CLCs, NEA did not have to be notified of or approve these relationships, and in fact we had very little knowledge about their nature and extent.
        Several years ago, AFL-CIO became more rigorous in enforcing its constitutional requirements.  At AFL-CIO's direction, CLCs began to exclude NEA local affiliates from membership, and some went so far as to exclude them from any type of participation.  One of the NEA local affiliates that was affected by this change in AFL-CIO policy was the Jefferson County, Kentucky, Teachers Association ("JCTA"), which had been a long-time member of the Louisville CLC.  JCTA asked NEA to intervene with AFL-CIO at the national level in an effort to resolve the problem.
        Although JCTA was the immediate concern, that was not the first time that an NEA local affiliate had a problem with a CLC, nor was it likely to be the last.  Rather than continue to deal with these problems on an ad hoc basis, it made sense for NEA to attempt to work out some overall arrangement with AFL-CIO which would allow JCTA and other interested NEA local affiliates to become members of CLCs.
        Because this was a complex and politically sensitive matter, in May 2004, I established an Advisory Group of national, state, and local elected and staff leaders to explore options and make recommendations to the Executive Committee.
        Based upon the recommendations that were made by the Advisory Group, and approved by the Executive Committee, NEA met with AFL-CIO in April 2005 to discuss membership of NEA local affiliates in CLCs.  We planned to meet again in June 2005, but because of the internal dissension in AFL-CIO at that time - and the fact that AFL-CIO President John Sweeney might be challenged for the presidency at the AFL-CIO Convention in late July - it was decided to postpone any further NEA/AFL-CIO meetings until after the AFL-CIO Convention.
        A great deal happened before NEA and AFL-CIO met again to continue discussing the membership of NEA local affiliates in CLCs.  Although Sweeney was re-elected as AFL-CIO President, several major unions disaffiliated from AFL-CIO, and established a new labor federation known as Change to Win ("CW").  This split presented NEA with new opportunities and challenges with regard to CLCs.  We convened another meeting of the Advisory Group in order to explore these opportunities and challenges, and provide guidance to the Executive Committee.  A full report was given to the Board of Directors at its meeting on September 30-October 1, 2005.
        On November 15, NEA met with AFL-CIO to continue discussing the membership of NEA local affiliates in CLCs.  By this time, AFL-CIO had developed Solidarity Charters as a way to allow CW local affiliates to be members of CLCs, and we expressed our interest in a similar - although not necessarily identical - arrangement for NEA local affiliates.  Discussions with AFL-CIO continued for the next several months, and during this period regular status reports were given to the Executive Committee and Board of Directors.  A report also was given to NCSEA at its meeting on November 21, 2005. 
        A tentative agreement was reached between NEA and AFL-CIO late in the day on Tuesday, February 7, two days prior to the Board of Directors meeting.  The tentative agreement was discussed with the state association presidents at their meeting on Wednesday, February 8, and distributed to the Board when it convened on Friday, February 10.  On Saturday, February 11, the Board debated the agreement, and voted overwhelmingly to approve it.  The agreement remained tentative, however, because it required the approval of the AFL-CIO Executive Council, which did not meet until February 27.  The Council approved the agreement on February 27, and it was at that time released to the media, and placed on the NEA website.

II.  TIMELINE AFTER TENTATIVE AGREEMENT

      • February 6 - An e-mail was forwarded to the NEA Board of Directors, state presidents and state executive directors outlining the basics of the proposed partnership.
      • February 7 - Representatives of NEA and AFL-CIO reach tentative agreement on details of partnership.
      • February 8 - Vice President Van Roekel and I met with state presidents to discuss partnership agreement.
      • February 9 - Agreement passed out to state presidents following the PAC meeting.
      • February 10 - Presentation of partnership agreement to the NEA Board of Directors; a discussion follows.  Partnership agreement is distributed to the board of directors and state presidents.
      • February 11 - NEA Board of Directors overwhelmingly approves
        NEA/AFL-CIO partnership agreement.
      • February 11 - Text of partnership agreement is sent to state presidents and executive directors.
      • February 23 - NEA Public Relations issues news advisory, informing media outlets of a joint announcement with the AFL-CIO, scheduled for Monday, February 27.  (Please note that despite a number of calls from the media, pushing for details of the announcement, no additional information was provided, pending the vote by the AFL-CIO Executive Council).
      • February 24 - E-mail is sent to state presidents, state executive directors and NEA Board of Directors, informing them of the media advisory and the fact that staff is responding to calls from the media regarding the partnership; email mentions media accounts containing inaccurate information (see attached).
      • February 24 - Andy Linebaugh forwards the e-mail distributed earlier on the 24th to state public relations directors.
      • February 27 - At approximately 8:00 a.m. PT an e-mail is sent to state presidents, state executive directors, and NEA Board of Directors informing them that the announcement of the partnership between NEA and the AFL-CIO will take place at approximately 11:30 a.m. PT.
      • February 27 - At approximately 10:30 a.m. PT AFL-CIO Executive Council approves partnership agreement with NEA.  Within minutes of the approval, a list of frequently asked questions, key messages, and the news release regarding the agreement, is sent to state public relations directors, along with a link to the text of the agreement.
      • February 27 - NEA and AFL-CIO officials hold news conference at 11:15 a.m. PT, announcing the partnership.
III.  OTHER INFORMATION
         I understand that some NEA local affiliates have contacted NEA state affiliates - either on their own initiative, or in response to contacts that they have received from AFL-CIO local central bodies - to inquire about the Partnership.  I also understand that some NEA state affiliates may have been contacted by - or may have initiated contact with - AFL-CIO state federations to discuss possible relationships at the state level.  These contacts are premature, because NEA and AFL-CIO have not yet agreed upon specifics for implementing the Partnership.
         A joint AFL-CIO/NEA Implementation Committee will be established to develop the procedures that NEA local affiliates that are interested in participating in the Partnership will have to follow in order to apply to NEA and AFL-CIO.  As soon as the Implementation Committee develops these procedures - which it will attempt to do as expeditiously as possible - interested NEA local affiliates will be able to apply to participate in the Partnership.
         Under the Partnership, after NEA and AFL-CIO receive an application from an NEA local affiliate, they then must consult with their respective affiliates through their "own internal processes" before taking any action on the application.  NEA and AFL-CIO each will develop its own internal process, and, in the case of NEA, the process must be approved by the NEA Board of Directors before it becomes operative.
         In short, an NEA local affiliate cannot apply to participate in the Partnership until the Implementation Committee develops the application procedure.  And, no action can be taken with regard to the application of an NEA local affiliate until the NEA Board of Directors approves NEA's internal process - which at the earliest will be at the Board meeting on May 5.  This does not mean, however, that nothing can be done in the interim.  Interested NEA local affiliates should feel free to have contacts with AFL-CIO local central bodies, and attempt to learn as much as possible about the structure and operation of these entities.  But any discussions should be general in nature, and no commitments should be made by either party until after NEA and AFL-CIO provide appropriate guidance.
         If you have any questions, or would like any further information about the Partnership, please contact Michael Edwards, Director of Labor Outreach, at 202-822-7564.  By the same token, please keep Michael informed of any developments that you believe may be relevant to the implementation of the Partnership.
         I trust that the information shared in this memo provides additional background information relative to the delicate nature of the negotiations and our actions leading up to the announcement of the partnership between NEA and the AFL-CIO.
Attachment
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NEA - AFL-CIO SOLIDARITY PARTNERSHIP AGREEMENT
Key Messages and Frequently Asked Questions
KEY MESSAGES
  • The Solidarity Partnership between NEA and AFL-CIO is the first structured agreement of its kind between the two unions.
     
  • The Solidarity Partnership is good for the communities we serve and is good for the 2.8 million members of NEA and 9 million members of the AFL-CIO.
     
  • We believe our collective voices can more effectively strengthen our organizations, strengthen our public schools, and strengthen our communities.
     
  • NEA and the AFL-CIO will remain independent organizations. The Solidarity Partnership is a natural progression of the labor movement. It will allow our organizations to combine strengths, resources, and talents at the local level and put forth a unified voice on behalf of our communities. 

     
FREQUENTLY ASKED QUESTIONS
Below are anticipated questions from the media about the possible political implications of the Solidarity Partnership announcement. These questions are unrelated to the nuts and bolts of the agreement but may come up in conjunction with the Solidarity Agreement.
Q: Is the Solidarity Partnership announcement a reaction to the recent departure of other unions from the AFL-CIO?
A: No. Many NEA locals have been working with AFL-CIO locals on a number of issues of mutual interest. Existing internal policies, however, prohibit NEA locals from forming central labor committee partnerships. The Solidarity Partnership simply removes those obstacles and allows our locals to combine strengths, resources, and talents and put forth a unified voice on behalf of our communities.
Q: Is the Solidarity Partnership announcement the first step in the process to merge NEA and AFT?
A: No. Although educators and school staff in both AFT and NEA share common interests and concerns, NEA and the AFT as well as the AFL-CIO will remain independent organizations. The Solidarity Partnership does not change that. It simply continues to build on existing efforts by NEA, AFT, and other AFL-CIO affiliates on a number of mutual interests, such as joint organizing campaigns to protect public education, secure adequate health care for children, and modernize America's public schools.
Currently, seven states and more than 220,000 members of the NEA are members of the AFL-CIO through merged affiliates of the NEA and American Federation of Teachers
Q: Did AFT play a role in making the Solidarity Agreement happen?
A: Contrary to recent media reports, AFT did not orchestrate the Solidarity Agreement. The Solidarity Agreement was primarily a result of our commitment to meet our members' needs to establish a formal structured partnership with AFL-CIO
Q: Is the Solidarity Partnership the first step in the process to bring NEA into the AFL-CIO fold?
A: No. NEA and the AFL-CIO will remain independent organizations. Language in the Agreement states clearly that "The National NEA does not now, and will not by virtue of the Partnership, have any affiliation relationship with the AFL-CIO." This partnership simply provides a mechanism by which our local organizations can join efforts to advance mutual interests.
Q: What is the Labor Solidarity Partnership Agreement?
A: The Solidarity Partnership is a formal joint effort between the NEA and the AFL-CIO aimed at positioning the two labor organizations to serve as a unified voice for the broader labor movement and to more efficiently meet the needs of their members.
Q: What is the purpose of the Partnership?
A: The purpose of the Solidarity Partnership is to allow NEA local affiliates the opportunity to join the AFL-CIO local central labor councils through a newly-designated affiliation called Directly Affiliated NEA Local of the AFL-CIO. Together, NEA and the AFL-CIO can more effectively fight for their members and America's workers.
Q: Why are the NEA and AFL-CIO entering into this Solidarity Partnership?
A: In today's political climate, we see the new arrangement as a natural progression of the labor movement. As more and more working families face escalating health care costs, deeper pension benefits cuts, and diminishing employee rights at work, the NEA and AFL-CIO are entering into the Solidarity Partnership based upon their belief that a unified labor voice and strengthened labor movement can better represent our members while serving the public interest. A similar arrangement made last year allows affiliates of unions in the Change to Win federation to participate-but not belong to-in the local councils.
Q: What does the Solidarity Partnership mean for working families?
A: The collective resources and unified voice of NEA and the AFL-CIO provide a substantive avenue to address our communities' concerns. With 2.8 million members, NEA is the largest professional employee organization in the nation. It has 52 state-level affiliates and more than 13,250 local affiliates. The AFL-CIO represents 52 national unions, 50 state organizations, and more than 500 community-based organizations. The combined influence of our organizations will reap benefits for our local communities as we tackle issues of mutual interest.
Q: What are the benefits for NEA members?
A: NEA members' primary concern is providing great public schools for every child.  We know that it takes more than the teachers, teacher aides, librarians, school bus drivers and other professionals we represent to make that happen.  We know it means having a community that is actively involved in the education of its young people. Unfortunately, many parents can't afford to participate in the way they like, because for many parents coming to a parent/teacher conference may mean losing a few hours' pay.  We don't want parents to have to choose between being engaged in their children's education and providing for their families. 
Q: What does the Solidarity Partnership mean for NEA and AFL-CIO members?
A: For the first time, NEA locals may become affiliated with the AFL-CIO. A Directly Affiliated NEA Local will have the same rights and obligations as any direct affiliate of the AFL-CIO, including representation and voting in the AFL-CIO and they will have the same protections and responsibilities under jurisdictional dispute resolution procedures. The approval of the Solidarity Partnership does NOT jeopardize the membership of local and state affiliates in the NEA.
Q: AFT is a member of AFL-CIO. What is their reaction to the Solidarity Partnership?
A: The AFT is a strong and consistent supporter of a unified labor movement. The AFT was consulted extensively and supports fully the Solidarity Partnership.  
Q: What would opponents of "Big Labor" say about this Solidarity Partnership?
A: This Partnership isn't about "Big Labor".  It's about bringing the voices of our various unions together to work on behalf of America's working families, our members and the public we serve.  This is about ensuring every child has access to a great public school, and that the parents of the children who attend our schools are able to provide for their children and take part in their education.
Q: Is this the first formal structured Partnership between NEA and AFL-CIO?
A. Yes. NEA and the AFL-CIO, however, have had a long relationship over the years. This Partnership simply reinforces the strong ties between the two organizations. NEA frequently works with the AFL-CIO to analyze federal and local policy on issues like health benefits for members. The two organizations recently collaborated on proposed Medicare reform legislation. NEA also worked with AFL-CIO's Center for Working Capital to educate members on pension issues, and AFL-CIO has participated in NEA's retirement and benefits forum.
Q: What is the process for NEA locals joining the Solidarity Partnership?
A: Both NEA and AFL-CIO will determine internal processes for affiliates interested in joining central labor councils. The NEA and AFL-CIO will consult with each other through their own internal processes and affiliations and with the Implementation Committee, which is responsible for overseeing and facilitating the execution of the Solidarity Partnership. The Committee also is responsible for reviewing membership requests from interested members.
Q: The NEA and AFL-CIO are widely viewed as extensions of the Democratic Party. Will your clout increase within the party as a result of the Solidarity Partnership?
A: The Solidarity Partnership is not about the Democratic Party or any other political party. The agreement is about providing a mechanism through which our local affiliates can work jointly to improve our communities, strengthen the labor movement and better the lives of our members. To that extent, NEA will continue to support organizations and groups that we consider friends of public education and friends of working families.
Q: What is Directly Affiliated NEA Local of the AFL-CIO (DANL)?
A: DANL is a new designation of affiliation established by the joint NEA and AFL-CIO Implementation Committee. Designation as a DANL is subject to the approval of the Implementation Committee and the relevant NEA local and state affiliates.
Q: Why does the Solidarity Partnership contain an expiration date?
A: The existence of an expiration date means that both the NEA and AFL-CIO will closely monitor the execution of the Solidarity Partnership on a pilot basis. Both organizations are interested in making sure that this is in the best interest of their members.
Q: Whom do I contact if I have additional questions?
A: NEA Public Relations:  Miguel Gonzalez, mgonzalez@nea.org, 202-822-7758 or Will Potter, wpotter@nea.org, 202-822-7223. AFL-CIO: Esmeralda Aguilar, eaguilar@aflcio.org, 202-637-5018.