LAUSD's LATEST OVERPAYMENT SCAM- WITH UTLA's HELP

LAUSD Board.jpgGiven the hundreds- if not thousands- of teachers that have been sued by LAUSD for allegations of overpayment due to LAUSD's changing teachers' salary payments- without proper government approval- from an annual tenthly to a twelfthly payment under the supposed justification that teachers are not capable of budgeting themselves over what had been an unpaid summer, when they were not working, one must wonder if LAUSD's purpose all along has not been to go after hundreds of teachers for alleged overpayment after the District fired them on completely fabricated charges.

It doesn't take a genius to see that whether it was alleged overpayment or firing of teachers before they vested in lifetime health benefits or higher retirement benefits, that the one thing in common that everything LAUSD has done against its teachers and other employees is clearly related to and motivated by LAUSD trying to lessen its contractually obliged financial burdens towards these employees in the hope of avoiding bankruptcy, which is looking more and more likely.

And are state courts really a "neutral forum" to decide these cases, when it is the State of California which will be left holding the bankruptcy bag for LAUSD, if they don't decide these overpayment cases- regardless the facts- in favor of LAUSD?

Did LAUSD ever get approval from any government tax authority to make this change? No. Did LAUSD amend allegedly overpaid teachers W-2 forms? No. Did LAUSD make their claims of overpayment within the statute of limitations? No. Was this the first time LAUSD alleged that teachers were overpaid? No. And if LAUSD fires a teacher, precluding them from finishing their new unapproved fiscal year contract, can LAUSD then claim that these hundreds of teachers were overpaid, when it was LAUSD that made it impossible for these teachers to finish their contracts?

I feel like I'm living in at least two mutually exclusive realities. One posited by the union- United Teachers Los Angeles (UTLA) leadership that sees itself gallantly fighting in supposedly adversarily negotiations with the LAUSD to make the best and fairest contract with LAUSD on behalf of its members and the other stark opposing reality that I and thousands of mostly top of the salary scale senior teachers have been dealing with, where we find ourselves targeted, hit with false charges, and then fired. And to add insult to injury, then to be hit with clearly false claims of having been overpaid, when nothing could be further from the truth.

Meanwhile, our union UTLA not only has done nothing, but rather has taken the position that once LAUSD fires you, you are no longer a member of the union, even though you were an active dues-paying member of UTLA during the time in question, when the false charges against you were made by LAUSD.

The fact that LAUSD saves approximately $55,000 in saved salary and benefits, when it replaces a high seniority teacher with a fresh-out-of-college 20-something working on an emergency credential is never raised by UTLA in defense of these targeted teachers, even though they have the power under the LAUSD-UTLA Collective Bargaining Agreement to have brought such a single action on behalf of these thousands of targeted teachers. But UTLA avoids addressing this issue like the plague.

But now in new contract negotiations wih LAUSD , UTLA Declares Impasse in Talks with LAUSD," and says, "We cannot, in good conscience, allow it to happen without fighting back." But, as described above, UTLA has done nothing up until now to stop LAUSD's longstanding war on senior more expensive teachers "without fighting back." But this is not mentioned in UTLA's "declaring contract negotiations are at a deadlock" and seeking a state-appointed mediator.

So why doesn't any media- commercial or public- report any of this? Because the same corporate interests that control the media and seek to privatize public education for profit and the further dumbing of America are the ones who have packed the LAUSD Board and chosen its new superintendent Austin Beutner to further their goal of privatizing public education for profit and the further dumbing of America.

3 Comments

Greetings Mr. Isenberg.

Your commentary along with Mr. Mark Hemphill response is very interesting, especially to all of the Teachers who were illegally released, illegally fired and contracts not continued because of seniority or not conforming to LAUSD Corrupt method of operation.I have to say though, knowing all of the non-protection that Teachers received from UTLA before Alex Caputo-Pearl and all the Non-education supplied, probably Mark is a little hard on what Alex has tried to remove and restore back to UTLA of its original purpose, protecting all teachers ( New and Seasoned).

Well, now that SCOTUS has ruled Unions and States can no longer require Teachers to join unions, pay dues or Fees to work, the purpose will get an upgrade and a downgrade of union dues. The Union and special interest politicians kept getting richer while the Teacher got poorer.

THANK GOD FOR THE TEACHER WHO WAS BLESSED WITH A CONSCIENTIOUS LAWYER, WHO TOOK THE UNIONS DOWN. GOD WORKS IN MYSTERIOUS WAYS.

Mr. Isenberg, what happened to the Class Action Lawsuit of Teachers illegally fired? Now that this is a right to work state, there's probably such a lawyer out here who would take it to win.

REMEMBER: TERM LIMITS FOR SCHOOL BOARD MEMBERS. 5 years is more than enough. All those in office now cannot run for another 5 years, if we can get this on the 2020 Ballot.

According to the LAUSD UTLA Collective Bargaining Agreement, UTLA could have brought one unified action on behalf of all targeted and removed teachers and other actions for things like this bogus overpayment scam that they do again and again year after year, instead of fixing the problem.

Caputo-Pearl and the union have not brought any such action and have adopted the position that once LAUSD fires you- fairly or not- you are no longer a member of the union. I'm on a list at UTLA not to be let into the building.

LAUSD's actions and clearly illegal behavior in open violation of the Collective Bargaining Agreement are only possible because of Caputo-Pearl and UTLA failure to do anything to stop it.

LAUSD gets away with it because no attorney wants to go up against an entity like LAUSD with hundreds of millions in its "legal defense fund" and where they are not trying to win, but rather stall until they bleed the opposition dry.

This is like a summary abstract of several other similar articles Mr.Isenberg has written over the years. It hits all of the high points. And, as is so clearly stated, these are invisible events as far as the public and law criminal justice are concerned. You might think that it hasn’t pursued by Mr.Isenberg and others within the media. Think again, that’s been done repeatedly and among all of the so called “whistle blowers” who claim to defend us against corruption. Now they’re OK if they’re just exposing something as banal as law enforcement sleeping on the job or city service workers and such going to strip clubs or bars on company time along with the occasional flimflam artist grifting among us. You see, they’re not holding any major entities responsible. If you think this is wrong, try calling one of those “watch dogs” like I did. I tried David Goldstein, the investigative reporter for CBS, the muckraker or whatever they’re calling him now. He took an initial interest after I explained what the district was doing. He asked for proof and so I sent it. His response was,”What if the district is right?” I could only ask myself if he even read the materials I sent to him. Try contacting the education column for the Los Angeles Times. You’ll get the same result. None of them are going to put their behinds and jobs on the line.
So the district will go on, as Mr.Isenberg foretells, until it collapses into bankruptcy which it surely will. Again, referring to past articles from Per Daily, the district has reduced teaching staff by something like 25% over the past ten years or so while increasing administrative staff by something like 22%. Now, keep in mind, LAUSD already employed more administrators than anhy other district in the country including NYC, which is the biggest. In fact, it has a far greater proportion of administrators to student enrollment than any of the other districts. And these are they’re the highest paid public school administrators in the country.
So why hasn’t a union even as reluctant as UTLA responded? Easy, without the district, it would serve no purpose. Holding the district responsible could just hasten that bankruptcy. And consider what the union is. Around the election of 2013, a group self dubbed as the “Power Slate” took over. They did so by violating campaign rules and district policy knowing full well that they also controlled the election committee and that the district was wont to do more that slap the hand of the main offender, Alex Caputo-Pearl. With this kind of protective lack of diligence, the Power Slate was able to sabotage their main opponent and critic while the other opposing candidates dilly dallied around promoting their resumes and past union affiliations.
This is why the pursuit of alleged over payment allegations has been virtually a clean unopposed sweep.

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