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Contract

A contract is a legally binding document that outlines the expectations for the people involved in the transaction taking place.

Hypothetically

I will begin offering calligraphy and art services soon. (<<Not hypothetical.)

Let’s pretend I have an order to hand calligraphy 50 envelopes, and we agree upon a rate of $4 per envelope. We agree on the font to be used, the general layout of the text, and the deadline for the project. I create a mock-up and the customer proofs it, saying it is good-to-go. I collect the deposit to start the work and proceed with the job.

After I’ve completed 10 envelopes, I receive a text from the customer saying they want to change the font to a more flourished style, which will take more time and resources to complete. I will also have to redo the ones I’ve already completed, assuming they want all of the envelopes to be the same. The customer also wants to add 25 more envelope, but wants to move the deadline up. However, even with these changes, the customer still wants the job done at the original rate: $200 total. They are firm on this, and not willing to further negotiate.

At this point, I have two choices: 1) I can appease the customer and do the job for the $200 or 2) I can cancel the job because the additional work they asked me to do is outside of the agreed upon contract. If I do #1, someone else might follow suite expecting the same prices. If I do #2, they could leave me heinous reviews which could really hurt me as I start my new business. I would have been happy to do the job with a newly negotiated price and timeline; however, they did not give that option.

What would you do, or what would you expect me to do?

Not Hypothetical

School employees (e.g. teachers, Educational Support Personnel, bus drivers, cafeteria workers) have contracts. These contracts lay out the expected working conditions and also employee rights.

Too often school districts ask more and more of school employees. These hard-working employees are so fearful of retaliation from these school districts that they take on the additional duties.

Since this trend isn’t a recent one, teachers and other school employees have been asked to do more and more over decades. This is also considering there’s been a teacher shortage, so we have more of a load with just shear numbers too.

That’s a lot of juggling!

http://www.mrfitz.com/

Many of these expectations have become the societal norm. Because teachers are juggling so much now, they don’t have the time and energy to reexamine their contracts and realize how bad of a deal they are really getting. They don’t have the time and energy to join with the coworkers to stand up against these unfair, and currently extremely unsafe, working conditions. Since they are juggling, they keep their eyes on the objects and don’t have a chance to look around.

Work the Contract

One (legal) way to fight back against this very flawed arrangement is to “work the contract.” The expectation may to be to do six impossible things before breakfast in the world of education, but the reality is school employees have start times. They have guaranteed lunch times. They have end times. And the jobs we do should be doable within that timeframe, with a little bit of wiggle room for extraordinary circumstances. It shouldn’t be the norm that we work 10+ hours outside of our contracts.

“It’s impossible to do my job within contract hours.” That’s the point. It is impossible. It absolutely is. Especially if you are teaching virtually and face-to-face at the same time. So what if you did what you could do during your contracted hours? What would that look like? Would it look like a day where some lessons weren’t uploaded? Would it look like a day where maybe your students have a “free day” so you can plan? What would you need to be able to do your job during your contracted work hours?

“But what if my Principal or another administrator tries to punish me for not getting everything done?” This is where solidarity and organizing becomes important. If you do it alone, you can more easily be targeted for working the contract even if you are fully within your rights to do this!

Lucky for you a whole lot of people are overwhelmed and overworked right now! Find some buddies on your campus and all agree to work the contract. Walk into the building together at start time! (If you are one of the unlucky ones that has to go in.) Walk out of the building at end time! Eat lunch together and talk about what is going on. Invite others to join you. Hold each other accountable for not grading papers or lesson planning at home (or during lunch, or very early in the morning – or to minimize it as much as possible!).

If you’ve found your buddy group (and are hopefully expanding it), now you never have to go into a meeting with a Principal or administrator alone! If you get called into a meeting, ask what it is about. If they refuse to tell you or tell you it’s about something you can be disciplined for: 1) schedule it when your union representative can join you (if you have a union and are a member) or 2) get one of your buddies to go with you. An extra set of eyes and ears can really change the dynamic of a meeting. You have the right to do that, but you have to stand up for it!! (Knowing your contract really helps too.)

“But my students and the parents of my students will be grumpy if I don’t do all of the things.” Probably true. But you are a full, robust, expansive human being. This is your job, just like many parents have jobs of their own. You have a life, a family, your mental, physical, and emotional needs to take care of too! If you communicate that you are doing the best you can with the hours you are given, you might find you have allies in your students and their parents. Many of them are overwhelmed by these circumstances too, and this could be a great opportunity to create relationships and work together to create a healthier learning environment for students in the long run.

Put Your Mask on First

When you fly, the Flight Attendants always tell you to put your own oxygen mask on first before helping others in an emergency situation. You can’t help someone else if you are dying, suffocating in your seat.

If now, in the midst of Covid, civil rights unrest, voter suppression, and capitalists literally trying to kill folks to keep the economy open isn’t an emergency, I don’t know what is.

And teachers, all school employees: It’s time to start putting your own mask on first.

When you work the contract you might feel you are letting your students down. I would argue the opposite. Disrespected, abused, overworked teachers let the students down. And that isn’t any educator’s fault. It’s the policy makers’ fault. Yet educators must live with the poor leadership of those policy makers.

There are legal ways you can take back your power and stand up against the injustice going on across the nation.

If you are looking for resources, Labor Notes is a great place to start, and this edition of Labor Notes in particular.

I’ve heard too many educators say that education has become something they no longer recognize. It’s not fulfilling the goals it’s supposed to fulfill anymore. It’s time we start taking back our profession for our own sake, and for the millions of children who deserve good, free, public education.

Over the past few months, I’ve been working with folks across Florida and the nation laying some of the groundwork to organize educators. If you are reading this and looking for a group of buddies to connect with, I might be able to help. If you aren’t an educator and still want to help, we need your support too!! You can e-mail me at: christy@livingdaringly.com or find me on Facebook.

1 thought on “Contract”

  1. I can’t speak to employment contracts but as to contracts for service, I deal with them routinely as a landscape/lawn service contractor. As a matter of policy, if a customer asks for a change, I have them sign a ‘Change Order’ which modifies the original contract that includes the new terms and charges. This protects you as well as the customer. Some of the most challenging customers to deal with are the ‘can’t-ya-just-ers’. Those will drive you crazy, and out of business, with their “can’t you just” requests. I’ve found that the only way to prevent them from taking unacceptable advantage of you is the Change Order. Good luck!

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