Detroit teachers face off with EM Earley over legality of 'sick-outs' Monday
Check back with MLive after 11 a.m. for news on the outcome of the court hearing.
DETROIT, MI -- On the day President Barack Obama visited Michigan to attend the Detroit auto show, 88 of Detroit's nearly 100 public schools were closed.
It wasn't due to burst water pipes, in-session training or a holiday. Union members simultaneously called in sick with the goal of drawing attention to the plight of their financially struggling school district. Some might even call the sick-outs a strike, which is illegal for Michigan teachers.
Detroit Public Schools Emergency Financial Manager Darnell Early and his staff filed a petition in the state Court of Appeals the same day most Detroit Schools were closed for the latest sick-out. There have been more than four sick-outs that closed dozens of schools during prior weeks.
The District asked a judge to issue a ruling banning teachers from conducting further school-closing protests.
Michigan Court of Claims Judge Cynthia Stephens declined to issue an immediate restraining order last week, but set a hearing for 11 a.m. Monday.
Early and other "top administrators" plan to attend the hearing, according to Dave Murray, a spokesman for Gov. Rick Snyder.
Detroit teachers are encouraging parents of District students to protest at 10:30 a.m. Monday outside Cadillac Place, 3020 W. Grande in Detroit's New Center, where the hearing is being held.
A Facebook event notice asks teachers to call in sick Monday and "pack" the courtroom; however, another message issued by the union says "most" will be in classrooms Monday doing their jobs, and urges teachers to wear red to show solidarity with the union members in court.
Detroit Public Schools protest photos
The Detroit Federation of Teachers union has a number of grievances. They include claims of low pay, sparse textbooks, large classes, poor benefits and facilities that pose a health risk or adverse learning environment. There have been claims of rodent infestations, black mold, lack of heat, warped gym floors and leaky roofs.
The teachers' union has garnered national attention with its protests. President hopeful Hillary Clinton posted on Twitter last week: "No one would tolerate these conditions in a wealthy suburb. Detroit students and teachers deserve better."
For Detroit schools, bankruptcy would be inevitable without Lansing's assistance. While even the union acknowledges this, and is asking the state to pay its debt, union officials are also demanding less Lansing oversight.
This is, in part, is the motivation for the sick-outs Earley seeks to have declared illegal.
Earley, the former Flint emergency manager, took over Detroit Public Schools in January 2015 and earns a $225,000 annual salary.
State law says: "A public employee shall not strike and a public school employer shall not institute a lockout."
If the administration feels a strike has occurred, it files an allegation with the Michigan Employment Relations Commission (MERC). MERC has 60 days to conduct a hearing. Teachers found guilty of striking may be fined a day's pay for each day of the strike, and the union can be $5,000 for each day of the strike. The proceeds go to the state's School Aid Fund.
Rather than waiting for a MERC hearing, the District filed the petition for a restraining order to hasten the process.
It's unclear if Earley has filed a strike complaint with the state.
MLive attempted to reach Lynn Morrison, the staff attorney and listed contact for MERC, but received and auto-reply email stating she won't be available until Tuesday.
Declining enrollment and property tax revenue hit Detroit schools hard in recent years, though the District says enrollment is stabilizing. Snyder said the District Detroit teachers face off with EM Earley over legality of 'sick-outs' Monday | MLive.com:
