Taking Professional Unionism To A New Level

By Ed McElroy, AFT President

It is easy to get discouraged about the state of collective bargaining in the United States. Twenty states still prohibit bargaining for public employees. The National Labor Relations Board, with its Bush-appointed majority, continues its assault on workers' rights. And declining union density has reached alarmingly low levels—with disturbing social and economic implications. But there are signs of an emerging turnaround, and some of the most promising developments are taking place right in our own union.

Recently I participated in a meeting of the Council of Global Unions, an international group of democratic unions. I heard some depressingly familiar statistics there—that the United States trails many other countries in terms of union density (dead last when compared with a group of other industrialized countries). The implications of this shortfall are grave. For example, as collective bargaining coverage declines in a country, income inequality grows. The social safety net weakens, as spending on vital social programs declines. There is even a dramatic, demonstrable correlation to increased infant mortality. Decreased union density has a farreaching, negative impact, as we are seeing right here in the United States.

Obviously, expanding the American labor movement must be a top imperative. Fortunately, the AFT is a growing union. Organizing new members and mobilizing current members is a priority for the AFT. We know that as our membership grows, so does our ability to influence important changes.

Underlying the AFT's growth and successes is the fact that so many of our affiliates are attuned to their members' and potential members' voices as to what they want and need from their union. These local unions are hearing that they must address their members' economic and professional concerns. In addition to improving their members' economic standing, many AFT Healthcare affiliates are using the collective bargaining process to improve patient care and to help members perform their jobs well. These affiliates are negotiating to ensure that members have a say in important workplace decisions such as staffing ratios, proper equipment and training, and worker safety. They know that the quality of the services their members provide is vitally important, and it shows in the way that they function as a union.

This kind of unionism is good for our members, for the institutions in which we work and for the people we serve. It also wins public support, which is central to the success of any union and any union-initiated undertakings. Even unions in states that prohibit formal bargaining for public employees can work around those restrictions to negotiate progressive policies, as AFT affiliates have done in places like Louisiana, Texas and West Virginia.

We must take professional unionism to a new level. We must look ahead and challenge ourselves to think outside the box. We don’t want to look back and find that we didn't think about—and plan for—major changes affecting our members and their workplaces.

Collective bargaining provides the framework to do this. For example, in light of the National Labor Relations Board decision that strips some healthcare workers of their right to a union by classifying them as supervisors, some union locals have used contract language to shield members from improperly being labeled as supervisors.

The AFT is a union of professionals. We demand professional wages and working conditions for members. We organize around issues and engage in political action. We help members reach the high expectations they have for themselves and that are required of them. We can achieve our greatest results only when our members are involved and mobilized.

We need your personal engagement. So I hope you will work through your union to achieve your professional goals and strengthen your profession. Doing this will build a stronger labor movement, a stronger community and a stronger nation—all for the common good.

Educators take a stand against time lost to NCLB-inspired testing

The pressure to sacrifice teaching and learning to a treadmill of endless, duplicative testing is a common problem in school these days. But it would be tough to find a state harder hit by this burden than Texas, where public schools must navigate separate state and NCLB accountability provisions based on standardized test scores.

The demands have meant that some schools in Texas are spending 130 days a year involved in some aspect of testing-test prep, test administration, test benchmarking and test scoring. Now teachers are fighting back through a campaign called "Reclaim Your Classroom."

Texas AFT is distributing Reclaim Your Classroom Test Watch cards in schools statewide and on the Internet so that teachers, parents and students can track how much time is spent on testing, including standardized tests like the Texas Assessment of Knowledge and Skills (TAKS), which is used for grading schools under NCLB as well as the state's accountability system.

The cards also track the inordinate amount of time spent preparing for and benchmarking tests-and that pressure has only grown since enactment of the No Child Left Behind Act, says Ken Zarifis, a middle school language arts teacher from Austin. Zarifis began to track testing hours well before the campaign kickoff in September.

"My students are losing nine weeks a year to testing," he reports. "Ten years ago, testing was taking about a week out of the year. It's appalling."

Zarifis says that NCLB is a big reason for classroom time lost to testing. "Districts feel the pressure, and it just carries down to superintendents, principals, department and into the classroom," he says. "You need to have data in teaching. But now we're just piling data on top of data. Learning is investigating and discovery. It's writing and thinking critically. It's not assessment, which is just the measurement of that activity."

Surveys by Texas AFT reveal that a large majority of teachers across the state say testing is taking away valuable instruction time and hurting other course work, Linda Bridges, president of the affiliate and an AFT vice president, told reporters at the campaign kickoff. More than 93 percent reported the quality of education had dropped in subjects not tested by TAKS.

"More than half of the teachers surveyed told us they're spending more than half of their class time on testing," Bridges says. "That's just insane, and we've got to start putting the pressure on local officials, state lawmakers and Congress to change our testing system now."

Texas AFT will use the information generated by the "Reclaim Your Classroom" campaign to push for test reform at all levels. The union's goals include eliminating the confusion and contradictions between state and federal accountability systems, and giving students credit for the progress they make instead of penalizing them for not meeting accountability standards based on tests that don't accurately measure growth in student achievement. The AFT state affiliate also is pressing policymakers to restore the authority for test preparation to teachers and ensure the appropriate use of standardized testing as a diagnostic tool that helps focus resources where they are needed.

Left unchecked, the mania for testing will continue to warp the school mission, Zarifis warns, and children will be the losers. He recalls one bright student who came up to him at the end of last year, right after the school had administered the TAKS assessment. "She said, ‘Mr. Zarifis, why are we still in school? We're done with the test.' "

Estate Settlement 101

By Don Kuehn

You've probably heard the terms tossed about: probate, estate taxes, heirs, administrator, joint property, wills and trusts. After someone dies, the task of closing out the person's affairs falls on the individual named as the "executor."

An estate executor basically is responsible for collecting and managing all assets, paying taxes and expenses, and administering and distributing the assets for the benefit of the heirs. It's a big job and one not without a number of headaches.

This isn't a ceremonial or honorary title-like being named a godparent. It's serious business often fraught with lawsuits and acrimony over the smallest heirloom or asset.

Who should you ask to take on this role? If you have adult children, that's a place to start. Or your siblings. Or a close family friend. But most experts recommend employing a bank trust department as the primary executor and naming a friend or relative as co-executor.
If you are asked to be the executor by a family member or friend, think twice. Before you say yes, ask to see the will so you can understand the person's wishes and can discuss details of inheritances and bequests. Prepare to spend a lot of time and energy hashing through the details of someone's life and material affairs.

One suggestion is to agree to be named co-executor along with the bank trust department. That way you can oversee the process and assure that the terms of the will are carried out in a manner consistent with the deceased's requests, but you can leave the legal details to the bank.

One of the first tasks the executor should tackle is finding a competent attorney who is experienced in estate planning to help navigate the minefields of state law. But even with legal guidance, it's the executor who retains fiduciary responsibility for administering the estate and reporting to the courts. Take note: The executor also is subject to being sued individually by disinherited family members or loved ones who feel slighted by the management and distribution of property.

So, what could possibly go wrong? I have a will that spells out exactly what I want done with all of my "stuff." Well, here's a scenario loosely borrowed from a recent story in my local paper:

Before Aunt Jane died in 2003, she had a will detailing such things as setting up a $20,000 trust fund to care for her beloved cats. Problem was, the cats were all dead long before Aunt Jane's will went to probate.

The family heirlooms, like a cut-glass punch bowl and glasses, a gold tea pot, pictures from the Paris Exposition of 1855 handed down by Aunt Jane's grandparents, and the Haviland china were all carefully identified for inheritance by members of Jane's family. But the 1985 will predated Aunt Jane's move to a nursing home and the sale of many of the treasures Jane had taken such pains to dole out to her loving nieces and nephews.

The few remaining items are being fought over in court. Legal fees far exceed the value of the heirlooms, but that hasn't dissuaded family members from waging a battle royale over the crumbs of Aunt Jane's bequest.

That punch bowl was supposed to go to her nephew Jack, but Jack died about a year after Aunt Jane. Jack's second wife feels entitled to that inheritance, but his first wife June is still in the picture.

June testified in court that Aunt Jane had told her numerous times that she wanted her to have the punch bowl, and Jack's son (by his first marriage) also told the court that Aunt Jane promised him the bowl several times. But Jack's second wife has a legitimate legal claim and her adult children seem to covet that punch bowl, too.

The court is still weighing the merits of the competing claims four years later.

In various states, the laws may require as little as six months to close the estate; in others, it can take up to five years if there is a problem disposing of property or if issues are being contested. If minor children are involved, the executor's job may last for several additional years.

Locate as many of the following documents as possible: wills, deeds, bank books, stock certificates, military discharge papers, Social Security card, tax forms, car and boat titles, insurance policies, etc.

If you agree to be an executor, you must collect and inventory all assets and determine their value at the time of the death. That doesn't mean you have to count every pair of socks, but you do have to include "a drawer full of socks" in the inventory.

You'll tally all personal property and the contents of safe deposit boxes, monitor checkbooks, and review the personal papers of the deceased to see who is owed money. Then check the mail for statements and bills that may come only quarterly.

You also have to locate all potential heirs. If there have been one or more divorces, this can be a major commitment of time and effort. No distributions can be made until everyone has been located and identified. That could involve hiring a private investigator to track down "crazy old uncle Ed" whom no one has seen in years. Or, if the will says "I leave half of my assets to be divided equally among my nieces and nephews," your job is to track down every one of them.

You'll have to stop heirs from walking off with personal property until probate is complete, and keep insurance policies in force to protect the assets.

Valuables such as jewelry, antiques and securities should be kept in a safe place to which only the executor has access. And you may have to manage the deceased's investments (usually converting them into cash for later distribution to heirs) and even make necessary repairs to the family home to keep it in saleable condition.

Keeping accurate records is very important. Most states require a detailed accounting of every dollar that is spent from the estate. The executor's final act is to file a form with the courts called a "closing statement," which shows all income received (and any losses) as well as what is paid to creditors or distributed to beneficiaries.

Unless someone later comes forward, the executor's job is done when the court is satisfied that all affairs are settled. For your efforts, you get paid a fee set by state law (the industry standard is about 3 percent of the value of the estate). And you will have earned every penny of it.

Remember, this is not an honorary position. Being named an executor is serious business that will test your skills as an accountant, negotiator, cop, attorney and investor. As Pat Curry, in an article for Bankrate.com, quips: "If you've ever wondered how to get back at someone who has made your life a pure hell, you might consider making him or her executor of your will."

--Don Kuehn is a retired AFT senior national representative. For specific advice relative to your personal situation, consult competent legal, tax or financial counsel. Comments and questions can be sent to dkuehn60@yahoo.com.

Some of the duties of an executor:

• Arrange for probate of will, to establish its validity.
• Defend will against attack by disinherited relatives or others.
• Obtain authorization to act as executor.
• Give notice to creditors of estate.
• Take custody of valuables.
• Protect and, where advisable, insure other assets.
• Transfer bank accounts and securities to estate.
• Obtain entry to safe deposit box.
• Collect money owed to estate.
• Locate and take control of all other estate assets.
• Supervise operation of businesses or other "active" assets.
• Compile full inventory of estate assets.
• Obtain accurate valuation for each and every asset.
• Keep detailed financial records.
• Determine validity of creditors' claims.
• Pay valid claims.
• Analyze estate's cash position in relation to tax payments,
cash legacies and other payouts to be made from the estate.
• Decide what securities or other assets must be sold to
raise added cash.
• File final income tax return for deceased.
• Review gift tax returns filed by the deceased.
• Explore availability of reduced tax valuation for farm or
business real estate.
• File federal estate tax return.
• File state inheritance or estate tax returns.
• Seek to resolve any disputed tax valuations.
• If negotiations fail, decide whether the estate should go to court.
• Distribute assets to beneficiaries, and perhaps to trusts for
family benefit or charitable purposes, in accordance with the
terms of the will.
• Prepare a full report of estate stewardship in the form of a
detailed final accounting.

The following glossary was taken from the Web site of memoriesofme.com. It contains terms that will be used as you settle an estate.

Administrator: The person appointed by the court to manage your estate when you die without leaving a will. Since they are court-appointed, they are required to post a bond as security. They have the same duties as an executor.
Applicable Credit Amount: An estate tax credit based upon the applicable exemption amount used to reduce the tax on transfers of property either during life (gift tax) or at death (estate tax). Created by the Taxpayer Relief Act of 1997, the applicable credit amount replaced the $192,800 unified credit with a comparable credit that gradually increased to $345,800 in 2006.
Applicable Exemption Amount: A lifetime estate tax exemption used to calculate the applicable credit amount. Transfer of property up to the applicable exemption amount generally will be exempt from unified tax. The applicable exemption amount gradually increased from $650,000 in 1999 to $1 million in 2006.
Attorney-in-fact: The individual who is designated in the power of attorney document to act on behalf of another.
Beneficiary: Someone who receives benefits or funds under a will or other contract, such as an insurance policy.
Community Property: Ten states (Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin) use some form of the community property system to determine the interest of a husband and wife in property acquired during marriage.
Durable Power of Attorney: A written legal document that lets an individual designate another person to act on his or her behalf, even in the event the individual becomes disabled or incapacitated.
Durable Power of Attorney for Health Care: A written legal document that gives another person the authority to act on your behalf with regard to your health care decisions.
Estate: The property or assets you own or have rights to. Also commonly referred to as your possessions.
Estate Tax: A tax imposed at one's death on the transfer of most types of property.
Executor: The person named in your will to manage your estate. This person will collect the property, pay any debt, and distribute your property or assets according to your will.
Fiduciary: A person or institution legally responsible for the management, investment, and distributions of funds.
Grantor: The person who transfers assets into a trust for the benefit of another.
Gross Estate: The total property or assets held by an individual as defined for federal estate tax purposes.
Guardian: The person legally entrusted with the care of a minor child.
Incapacity: The lack of ability to act on your own behalf.
Inter vivos: A type of trust created during your lifetime to hold property for the benefit of another.
Intestacy, Intestate: The term applied when an individual dies without a will.
Irrevocable: Indicating something that cannot be changed or terminated.
Joint Tenancy with Right of Survivorship: A title that can be placed on property that is co-owned. At the death of one of the co-owners, the other will become the sole owner of the property, regardless of what may be conveyed in the will.
Living Trust: A revocable trust established by a grantor during his or her lifetime in which the grantor transfers some or all of his or her property into the trust.
Living Will: A legal document directing that the maker's or signer's life is not to be artificially supported in the event of a terminal illness or accident.
Marital Deduction: A deduction allowing for the unlimited transfer of any or all property from one spouse to the other generally free of estate and gift tax.
Minor Child: A person who has not yet reached the legal age of majority. This age can differ with each state, but generally is between 16 and 18 years. The term does not apply to an emancipated youth.
Power of Appointment: A right given to another in a written instrument, such as a will or trust, that allows the other to decide how to distribute your property. The power of appointment is "general" if it places no restrictions on who the distributees may be. A power is "limited" or "special" if it limits the eventual distributee.
Power of Attorney: A written legal document that gives an individual the authority to act for another.
Probate: The review or testing of a will before a court of law to ensure that it is authentic.
Representative: Someone who is authorized to act on your behalf, such as an executor or a trustee.
State Death or Inheritance Taxes: The tax imposed by the state in which you live and/or where your property is located, if different, on the transfer of that property to another at your death.
Testamentary Trust: A trust that is created upon your death by the terms of your will.
Trust: A written legal instrument created by a grantor during his or her lifetime or at death for the benefit of another.
Trustee: The person named in a trust document who will manage the property owned by the trust and distribute any income according to the document. A trustee can be an individual or a corporate fiduciary.

Senate Won't Take Up New Education Law

By NANCY ZUCKERBROD
AP Education Writer

WASHINGTON (AP) - The top two lawmakers on the Senate Education Committee said Friday they are putting off consideration of a new No Child Left Behind law until next year.

Sens. Edward M. Kennedy, D-Mass., and Mike Enzi, R-Wyo., have decided that there's not enough time this year to complete work on the legislation, which has not yet been formally introduced.

The five-year-old law, up for a scheduled rewrite, requires math and reading tests in grades three through eight, and once in high school. Schools that miss testing benchmarks face increasingly stiff sanctions. The law, originally passed in 2001, is among President Bush's top domestic policy priorities.

Kennedy, the panel's chairman, had previously said he wanted a bill before the Senate this year. He now is aiming, however, to bring a bill up for consideration early next year, said his spokeswoman, Melissa Wagoner.

"We have additional work to do on key issues, but are confident that we can put forth a responsible package for consideration early in the new year that will enjoy strong support of the Senate," Wagoner said.

However, it may be even more difficult to pass a rewritten No Child bill next year because it is a presidential election year. It is harder to get the bipartisan consensus needed to pass major legislation against the backdrop of an intense presidential campaign.

"No Child Left Behind is important to our children's future. We will not and cannot rush it," Enzi said in a statement. "Sen. Kennedy and I have agreed that our goal must be to produce solid legislation - not to meet an arbitrary deadline."

House lawmakers have not decided whether to keep trying to bring a bill to the floor in what little time is left in this calendar year. They, too, say time is running out.

"It is growing less likely that we will get a bill off the House floor in 2007," said Tom Kiley, a spokesman for Rep. George Miller, D-Calif., the chairman of the House education committee. "We continue to work hard on the bill. Discussions with Republicans and education organizations continue."

Lawmakers in both parties - along with the Bush administration - are pushing for important revisions to the law. If the law isn't revised by Congress, the existing law stands.

There is broad agreement that the law should be changed to encourage schools to measure individual student progress over time instead of using snapshot comparisons of certain grade levels.

There is consensus, as well, that the law should be changed so that schools that miss progress goals by a little don't face the same consequences as schools that miss them by a lot.

Deep divisions remain over some proposed changes, including merit pay for teachers and whether schools should be judged based on test scores in subjects other than reading and math.

Spouse Rate Drops By More Than 10 Percent
As New Rates Are Announced for Plan Year 2008

Click here to preview the new rates

On August 17, 2007, the Oklahoma State and Education Employees Group Insurance Board (OSEEGIB) announced the new rates for the HealthChoice Plans for current, former, education, and local government employees. The rates become effective January 1, 2008.

The HealthChoice High Option Plan will experience an overall premium decrease of 2.15 percent. The monthly premium for primary members remained unchanged at last year’s rate of $364.24; however, coverage for a dependent spouse will decrease by more than 10 percent for a monthly premium of $496.61. The decrease in the spouse premium amounts to a savings of $57.57 per month. Premiums for a dependent child will decrease by $7.60 per month, and the rate for two or more children will decrease by nearly $8.40 per month.

Premiums for the HealthChoice Basic Plan will experience an overall decrease of more than 3.5 percent while premiums for the dental, life and disability plans will remain constant at the 2007 level.

For the 2008 plan year, HealthChoice will introduce an additional plan called the HealthChoice S-Account Plan. The plan has a lower premium than the other health plans HealthChoice offers with a primary member rate of $290.48. The plan also has a higher deductible and requires that participants enroll in a Health Savings Account.

“The entire Board is very glad that we have been able to keep the 2008 premiums stable, as well as significantly reduce the spouse premium rate,” said Board Chairman Richard Womack. “Last year, we

Educators take a stand against time lost to NCLB-inspired testing

Senate Won't Take Up New Education Law

Spouse Rate Drops By More Than 10 Percent As New Rates Are Announced for Plan Year 2008

Spouse Rate Drops By More Than 10 Percent
As New Rates Are Announced for Plan Year 2008