For the first day of school in Kent, will the third time be the charm?
If not, teachers in the district will be looking at some pretty hefty fines.
King County Superior Court Judge Andrea Darvas on Thursday ruled members of the Kent Education Association are in contempt of her injunctive ruling and ordered school to start Monday.
Saying she was “disappointed” in the decision to defy her order to return to work Sept. 8, Darvas also said any teachers who do not return to class Monday will face fines of $200 per day retroactive to Sept. 8.
In addition, the KEA will be fined as additional $1,500 per day for each day teachers do not return to work.
Darvas said she respects that teachers feel strongly in their actions but said, “Court orders are meaningless unless they are enforced.”
If teachers arrive for work Monday, all fines will be waved.
“It’s very, very important the rule of law be complied with,” she said.
Darvas said that even if the teachers were right in every one of their demands, “they are wrong in their actions.”
“In short, they are breaking the law,” she said.
Following months of bargaining and negotiations that seemed to go nowhere, KEA members voted Aug. 26 to go on strike. On Sept. 1, the district filed a complaint with the court asking that teachers be ordered back to work. The following day, Darvas ruled in the district’s favor and ordered teachers to return to school Sept. 8 with students to arrive Sept. 9
The union on Sept. 7 voted to defy the court order by a 74 percent majority.
At the hearing, Darvas also chastised the union for setting a bad example for students and called defiance of her order a “sign of disrespect” for the institution of the court.
“Frankly, it’s a poor example to set for the young people who are looking to their teachers as role models,” she said.
Noting that she does not have the authority to rule on the merit’s of either sides argument, Darvas also ordered both sides to continue negotiating until an agreement can be reached.
“It’s time for everybody to start acting like responsible adults,” she said.
Following the announcement, KEA President Lisa Brackin Johnson said the union would take the judge’s ruling to its members and let them decide on their own what to do.
“That is their decision,” she said. “We’ll cross that bridge when we come to it.”
Brackin Johnson also responded to the judges statements about setting a bad example for students.
“When there is something that is wrong, sometimes you have to take a stand to make it right,” she said.
Brackin Johnson also said a new proposal was given to the mediator Thursday morning that met KEA goals, but came in at a cost nearly $300,000 less than the last proposal from the district.
“This is not about the money issue anymore,” she said. “This is about their control.”
District Communications Director Becky Hanks said the district was excited to be opening schools on Monday.
“We are pleased our students will be going back to school,” she said, adding “we’re saddened with the circumstances that brought us here.”
Hanks said the district would soon begin notifying parents of the judge’s order. Hanks deferred when asked if she was worried that last time the district told parents to prepare for schools to open the union voted to defy the court order.
“Our hope is that teachers will comply with the court’s order,” she said.
Hanks also said the proposal brought Thursday morning by the KEA was a full contract proposal and was set to expire at noon that day. She said the district is analyzing the proposal to see how the KEA addressed the issues.
“It’s not simply a money amount,” she said.
Bargaining between both sides is ongoing.
