The storyline behind “Breaking Bad” could be real life in one Michigan school district.

Under the Bay City Public Schools teachers’ union contract, teachers such as television’s fictional methamphetamine kingpin and high school chemistry teacher Walter White could be drunk at school five times before they are fired, and they can make and sell drugs and keep their job.

Lawmakers and policy analysts say the BCPS contract is another example of union overreach that puts the safety and education of students at risk at the expense of intoxicated teachers.

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Until recently, local districts were barred from bargaining with the union over teachers’ disciplinary issues thanks to reforms by the Michigan Legislature during Gov. Rick Snyder’s first term, according to an op-ed by Michael Reitz for The Detroit News.

“Bay City school and union officials responded to the 2011 reforms with a workaround: they simply moved the offending language to an appendix and noted it was unenforceable,” wrote Reitz, who is executive vice president of the Mackinac Center for Public Policy. “But the language remained in the contract, ready to be reinvigorated if the law ever changed.”

Reitz noted on X the Bay City clause is not in effect right now, but could because of the new legislation. Reitz argues the 2011 reforms should be reinstated and questions whether public-sector collective bargaining is even necessary.

The law recently changed thanks to union-friendly Democrats who controlled the Michigan Legislature during the 2023-2024 session. Lawmakers passed several bills backed by the Michigan Education Association, including a repeal of the law that kept teacher discipline off the bargaining table, Reitz noted.

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“Bay City is now free to reinstate its drunk teacher rules, and other school districts are free to adopt similar rules,” Reitz said. “How do we solve this? First, the Legislature should give the public the right to watch negotiations between school boards and local unions. Parents and taxpayers deserve to know what’s going on.”

The MCPP blasted the BCPS on X, posting screenshots of the contract. The contract allows for multiple offenses related to drinking or being under the influence of illegal drugs on the job.

The Bay City Public Schools contract also protects school employees who sell or make drugs thanks to a union provision in the district’s collective bargaining agreement covering 2022-2025.

The contract outlines disciplinary actions for “any member involved in the unlawful use, possession, or distribution of tobacco, alcohol, or illegal drugs on School District premises, work sites or educational activities.”

For alcohol, violators would receive a 3- to 10-day unpaid suspension and mandatory counseling for their second, third, and fourth offenses before being terminated.

Employees also can possess or be under the influence of illegal drugs while at work three times before being fired.

If a union employee is caught selling, manufacturing and distributing alcohol or illegal drugs, the first offense is essentially a reprimand—three days off unpaid and mandatory counseling. The contract refers to it as “activity” if it is indeed a misdemeanor under state law.

“These terms show just how out of hand collective bargaining in Michigan has become,” said Steve Delie, labor policy director at Mackinac Center Legal Foundation, in a recent Michigan Capitol Confidential report.

Reitz cited recent legislative action by the Utah House to stop collective bargaining for public unions. The Utah News Dispatch reports the bill triggered an outpouring of opposition from the state’s labor groups, both public and private.

“If a teacher shows up reeking of booze, parents expect immediate action, not a lengthy, bureaucratic process,” Reitz said. “As things stand, parents have little ability to hold teachers accountable if a union contract says otherwise.”

The MCPP provides a database for citizens to search collective bargaining agreements for districts across the state. The database includes contracts for teachers, bus drivers, aides, and office staff, covering salaries and benefits, class size, employee evaluations, and more.