John Merrow’s take is that the Vergara decision was correct, in that the seniority rules, in and of themselves, are indefensible. I recommend reading what he has to say here.
A few paragraphs:
Teacher union foes like Whitney Tilson and RiShawn Biddle could hardly restrain themselves, while union leaders Weingarten, van Roekel and New York City’s United Federation of Teachers President Michael Mulgrew complained that the decision diverted attention from social unfairness and then attacked the man behind the lawsuit. Here’s part of Mulgrew’s statement: “What shocks the conscience is the way the judge misread the evidence and the law, and sided with a Silicon Valley millionaire who never taught a day in his life.”
Judge Treu stayed the decision pending appeal and urged the legislature to fix the problems, but how likely is it that the California legislature will act to make earning tenure a more reasonable process, perhaps after three or even four years of teaching, instead of two?
That’s probably not going to happen because the CTA still wields great power. But if California needs a model, New York City’s approach to granting tenure seems to work well, as Chalkbeat explains here.
“Last hired, first fired”–using seniority as the sole factor in layoffs–is as indefensible as 2-year tenure, but it is alsocounter-productive because it alienates young teachers, some of whom are showing their displeasure by declining to support their national and state unions. That’s happened in Modesto, California and Wicomico, Maryland, where local chapters want to disaffiliate with their state association and the NEA itself. In neither case has it been pretty.“