Do charter schools need unions?

12:30 pm
by Leo Casey

Filed under: Charter Schools · Labor

Ask Nichole Byrne Lau. Ask her former students.

A second career teacher with a M.A. from Teachers’ College, Nichole taught English for the last two years at the Williamsburg Charter High School in Brooklyn. She received laudatory evaluations and recommendations from the principal, from the school’s director of instruction and from the school’s director of special needs and academic support. They commended her “hard work and dedication,” and described her as “a passionate, high energy teacher” and “a dedicated and caring teacher.” They praised her work with “special needs students to help them make great gains in their reading and writing ability.”

Students were no less lavish in their praise. Formal student evaluations placed in Nichole’s personnel file describe her as a “great,” “very good,” and “wonderful” teacher. “She is always on task and keeps us interested in our lessons,” one student explained. “She is so organized and helps us to do better in class,” wrote another student. “She always has everything planned out so well and everyone is able to pass the class.”

“Your relationship with the students is what is really stellar,” Principal Marsha Spampinato wrote to Nichole in a year-end evaluation. “Students know when people care for them and are not paying ‘lip service’. They understand that you are interested in them as individuals as well as students. This helps greatly in the rapport that you have with your classes…”

Nichole’s supervisors at the Williamsburg Charter High School thought so highly of her work, that when Department of Education Chancellor Joel Klein came to visit this spring, they showcased her class. In his March newsletter to New Yorkers, Klein wrote about a lesson Nichole taught to her ninth grade English class on Homer’s Odyssey which engaged the students to think critically about the gods of Greek mythology.

But that was March. Shortly thereafter, Nichole shared with other teachers in the school the salary schedule for teachers in the New York City Department of Education. Although teachers at Williamsburg had many more teaching contact hours, and far less preparation time, than NYC school teachers, they found that they earned considerably less than their public school counterparts. Nichole reached out to the UFT, through this blog, asking what her rights were and how she might secure them. She and a second teacher asked Eddie Calderon-Melendez, the founder and Chief Executive Officer of Williamsburg Charter High School, how salaries were set, and if there was a schedule for the school. A third teacher began to ask questions about why the quarterly reports of teachers’ 401-K plans did not show that the school was depositing the funds that were part of their remuneration for their work.

The response to these inquiries came in the form of a June 8th memorandum from Calderon-Melendez to all Williamsburg staff on the subject of “Personnel Policies.” He wrote: “I am resolute on the vision and mission of the school as designed, developed and articulated by me. It is particularly important to understand that this requires a clear understanding of what the school is, will be and what it will and won’t be as articulated by Myself and the Founding Principal.” [Capitalization and syntax from original.] “Feel free to make an appointment to see me,” he went on, “if there any questions or concerns you have in regards to anything involving your employment or the school.”

Shortly before the issuance of this memo, Calderon-Melendez began a series of meetings with school staff. In the meeting with Nichole, he told her that he was ending her employment at the school. She asked for a reason. He replied that he did not have to give her a reason, as she was an “at will” employee who could be let go for any reason whatsoever. He did allow, however, that it had nothing to do with her teaching. [Charter school management who oppose unionization often argue “at will” employment is essential for ensuring the quality of their teaching staff.] “I was devastated,” Nichole says. The teacher who had inquired about the missing 401-K contributions was also dismissed.

UFT President Randi Weingarten has written letters to Calderon-Melendez, Chancellor Klein and the Associate Commissioner of the New York State Education Department, Sheila Evans-Tranumn, condemning the firings and calling for a full investigation of improprieties at Williamsburg Charter High School. [The State Education Department has responsibility for the oversight of charter schools.] “As president of the New York City teachers union, a labor leader and an educator, I am appalled by what you have done,” Weingarten told Calderon-Melendez, “and will do everything in my power to both publicize and right this wrong.”

Nichole applied for a position teaching English at one of New York City’s very best public high schools, Brooklyn Tech, which hired her last week. Having quickly landed on her feet, Nichole now says “I will never again work in a school where I don’t belong to a union.” Her dismissed colleague was hired at a top private New York City school.

Today, all of the New York City daily newspapers have reports on her firing. See the New York Times article, the New York Daily News article, the New York Post article and the New York Sun article.

For the most part, Calderon-Melendez ducked reporters’ calls on the firings. But he did speak to New York Daily News reporter Erin Einhorn, and engaged in the type of gutter smear that says everything about the sort of person who makes it. “She hates children and she’s a racist,” he said by way of explanation for his actions. [A later print edition of the Times also carried the accusations.]

Amazing, isn’t it, that the same person who was highly praised by both her supervisors and her students for her caring, her dedication and her relationship with her students, could “hate children” and be “a racist”? Just as amazing, isn’t it, that students would hand in a petition with four pages of signatures demanding the re-hiring of a teacher who “hates” them? Nichole, who is a Quaker that feels so strongly about opposing bigotry that she agreed to be the unpaid faculty advisor for Williamsburg’s Gay-Straight Alliance, said she “was floored” by Calderon-Melendez’s slander.

But we have to admit that having seen what had already taken place, we at Edwize were not surprised. There are reasons why the Calderon-Melendezes of the charter world don’t want their teachers represented by unions. Those reasons have nothing to do with the quality of teaching the students receive, and everything to do with the exercise of absolute, unquestioned authority by Those In Power.

That is why teachers in charter schools, like teachers in other public schools, need unions. And it is also why, as the case of Nichole Byrne Lau so pointedly illustrates, students in charter schools need to have their teachers protected by unions. If there was a union at the Williamsburg Charter High School, the students in that school would still have one great, wonderful teacher of English.


1 NCLB: Let’s Get it Right!
· Jun 28, 2006 at 2:10 pm

The Hard Way…

Posted by Ed at AFT Edwize today posts about a highly regarded charter school teacher who was fired for advocating for better pay for her colleagues. According to the New York Times, the teacher, Nichole Byrne Lau “received an……

2 cornell
· Jun 28, 2006 at 8:34 pm

Labor history is filled with arbitrary and capricious bosses. That’s why there are union’s in the first place. CEO Melendez should be entered in the Bad Boss contest on the AFLCIO’s website. See

Melendez should be a contender! He probably has done more for the teacher union movement than he can fathom.

3 NYC Educator
· Jun 29, 2006 at 8:10 am

I gotta admit this is a great article on a very important topic with info unavailable elsewhere.

There’s no doubt all teachers, not to mention all working Americans, benefit from union. This is a great example why.

Don’t let the public forget about this one.

4 JColletti
· Jun 29, 2006 at 8:30 am

Below is an excerpt from this charter school’s mission statement:

“..liberal arts education that includes language, literature, writing, science, history, mathematics, the arts, technology and explorations in disciplines designed to teach fairness, justice, respect and compassion for themselves and others as well as the skills of critical thinking, communication and research”

“Fairness, justice, respect and compassion..” Nice words but I guess they don’t apply to how CEO Melendez feels he needs to treat teachers in the school.

And “communication,” let’s not forget that. He calls the person a racist and then fails to back up those disgusting allegations, preferring to remain incommunicado.

Research–he doesn’t have to do research he can just fire at will, but thinking critically, according to Mr. Melendez, that’s not firing because it’s at will. (?)

Nice modeling of behavior, Mr. CEO. Mission accomplished.

5 Jackie Bennett
· Jun 29, 2006 at 10:43 am

I’m trying to figure out how many times I would have been fired if I worked in a non-union charter school, like Nichole Byrne Lau did. There was, for example, that time the Board of Ed got the brilliant idea of banning all reading from the ninth grade curriculum, and I filibustered the committee meetings. Or the time I asked for supporting research on the dump-‘em-in-groups pedagogy the DoE insists on, and found myself barred from staff development for the remainder of the sessions. Or the time my ex-principal decided to force our slowest third graders into intentionally oversized classes with our fastest fourth graders, and I objected.

Speaking up is not, of course, my profession. I am a high school English teacher, and the vast majority of my career has been spent in classrooms with teenagers, texts, and a stripe of chalk across my lower back. My moments of advocacy are pinpoints compared to the time I’ve spent in class. But sometimes things just outside the door get so outrageous, and so threatening, that I feel compelled to emerge from the classroom and speak up for the sake of the children in my care.

And at that point, at any of those moments of emerging on behalf of students, I would, most likely, have lost my job.

And this, I believe, is the problem with charters that are not unionized. Ms. Nichole Byrne Lau may have been passing around salary schedules, but she could just have well have been questioning the denial of services to a child with special needs, or seeking the eradication of a vicious mold growing rampant in a corner of her room. Special Education services, safe buildings – these things cost money just like teachers do. But who would dare to say a word with Nichole Byrne Lau not only fired but slandered as a racist, like a warning in the press.

My point is this: the conditions under which teachers work — their salary, their safety, their pedagogy, and their protection – are the conditions under which children learn.

Untenured teachers are silent teachers, and those are hardly the conditions under which I would want to send my child off to school.

6 NYC Educator
· Jun 29, 2006 at 11:51 am

“Untenured teachers are silent teachers, and those are hardly the conditions under which I would want to send my child off to school.”

I couldn’t agree more. Teachers set an example, and need to think freely, as we want our kids to do. We need to tell the country this story.

It’s time to break and kill the growing trend of US citizens as complacent, overworked, underpaid Fox News viewing estate-tax repeal advocates, horrified over gay marriage and the non-existent flag-burning epedemic.

7 NYC Educator
· Jun 29, 2006 at 11:53 am

Epidemic, that is.

We English teachers hate that stuff. Especially when we do it ourselves.

8 Seeing the Forest
· Jun 29, 2006 at 12:33 pm

Charter School Teacher Fired For Talking Union…

At the Edwize blog: Do charter schools need unions? about charter school teachers in New York being fired for mentioning the ‘U’ word. Fortunately things turned out all right for one teacher, because she was so highly regarded:Nichole applied for……

9 NYC Educator
· Jun 29, 2006 at 12:41 pm


All workers benefit from unionization. There’s no way that my voice (however beautiful my mother may think it is) competes with that of 80,000 New York City teachers facing down Joel Klein’s efforts to Walmartize education. When we work to improve th…

10 mvplab
· Jun 29, 2006 at 9:37 pm

Jackie said: “the conditions under which teachers work — their salary, their safety, their pedagogy, and their protection – are the conditions under which children learn.”

There’s an old but useful UFT slogan: “Teachers want what children need!”

What parent doesn’t want reduced class sizes for their child? What parent doesn’t want a safe teaching/learning environment for their child?

You can add to the list, but it still boils down to “Teachers want what children need.”

11 Sherman Dorn
· Jul 12, 2006 at 11:08 pm

The subtler points of charter schools and teachers unions…

So I’m coming late to the “party” on the firing of Nichole Byrne Lau from a New York charter school. (More discussion by Leo Casey, AFT’s NCLBlog, Andrew Rotherham, Joe Williams, and Sara Mead.) There are a few aspects here that haven’t been cover…