Kent teachers stunned at district's rejection of union offer

When the Kent teachers union made an offer Thursday morning that was $200,000 less than the Kent School District's own bottom line yet would still reduce class sizes, teachers thought they had a solution that would bring an end to the now 16-day strike.

They were hoping to reach a tentative agreement before a 1 p.m. hearing before the judge who had issued an injunction Sept. 1 ordering the teachers back to the classroom on Sept. 8.

So when the district rejected the union's offer — and made no plans for future bargaining sessions — the teachers were stunned. The offer was based on the district's own financial estimates, said Dale Folkerts, spokesman for the teachers union, the Kent Education Association.

And had the district taken it, the strike would be over, he said. That it was rejected "is beyond belief."

Then came King County Superior Court Judge Andrea Darvas' sanctions — $200 a day per teacher, retroactive to Sept. 8, and $1,500 a day for the teachers union if teachers are not in class and ready for students on Monday.

What happens next was not known Thursday evening — including when talks would resume, whether teachers would return to work Monday or continue disobeying the judge, and whether parents of the district's 26,000 students should send their children to school on Monday.

When teachers voted Sept. 7 to disobey the injunction, they realized the "stand they were taking would put them in legal jeopardy" and that sanctions were likely, said Folkerts. They voted to not return to class without a signed contract, he said.

The union plans to file an unfair-labor-practice complaint against the district for failing to bargain in good faith, he said.

Becky Hanks, spokeswoman for the Kent School District, said the district's negotiators had not had a chance to fully study the union's offer before the hearing started. As far as the district is concerned, saving $200,000 isn't the only thing to consider, Hanks said.

She said the district looks forward to having the teachers back and said it was unfortunate that the sanctions had to be imposed.

Students should report to school Monday, Hanks said, though as of Thursday night, the district's Web site was still advising parents that classes were canceled until further notice.

About 100 of the district's 1,700 teachers did report to work this week, walking through picket lines formed by their co-workers and, in some cases, by parents who support the teachers.

All along, class size has been the major issue in the negotiations, with teachers saying they can't be effective in such crowded classrooms.

The district has argued that it can't afford the class-size reductions the teachers want so, Folkerts said, teachers on Thursday offered to give up a number of other items on their wish list, including various stipends.

They arrived at a total contract package of $10.6 million — $200,000 less than the district's $10.8 million package, and still including a provision for reducing class sizes, just not as much as they had hoped for originally.

Negotiations began in April, and the strike started Aug. 27. Like firefighters and police officers, teachers are public employees who, by state law, are prohibited from striking.

But while police and firefighters are subject to binding arbitration, teachers are not. So when they have a dispute over a contract and can't settle it, they are at the mercy of the district, Jim Gasper, attorney for the teachers union, told Darvas when the two sides appeared before her for the first time Sept. 1.

On Thursday, the district's attorney, Charles Lind, told Darvas the district was not asking for specific sanctions against the teachers on its behalf, but urged the court to take action "for the disregard of an order of this magnitude." Striking teachers and their supporters have picketed with "signs and waves, smiles and laughter," he said.

In imposing her sanctions, Darvas said the teachers were obligated to set an example for their students and uphold the law.

"The court doesn't have any power to decide the merits of the disagreement" between the district and the union, Darvas said. But the strike is clearly in violation of the law and the contracts teachers signed — and, she added, "it's a poor example to set for the young people who are looking to their teachers as role models."

Teacher Shayne Satter of Grass Lake Elementary said he was "shocked, saddened, terrified," by the sanctions. "I can't afford the bills I have already," he said. But "we can't back down. We're not going to give up because of monetary consequences."

Nancy Bartley: 206-464-8522 or nbartley@seattletimes.com