Archive for July, 2023



2022-2027 UFT Contract Approved: An Analysis

Today, the 2022-2027 contract was ratified by a roughly 3/4 majority of voting UFT members. We have yet to see all data on divisional groups and functional chapters, some of whom were particularly ill-affected by sub-inflation pay increases and are thus expected to have closer numbers. To that end, OT/PTs once again voted down their functional contract (1,129 no to 782 yes), along with nurses, audiologists, and supervisors of nurses and therapists. But, teachers overwhelmingly voted to ratify – albeit with a much smaller ‘yes’ margin (under 75%) than in 2018 (87%) and a smaller margin than 2014 (77%).

While New Action Caucus recommended voting ‘no’ on the contract, it’s no surprise that the result was ‘yes.’ Unlike 1995, when the givebacks were so blatantly obvious that teachers voted ‘no’ in overwhelming numbers and somewhat successfully negotiated a better deal, the issues for the 2023 deal were subtler. A record-fast voting process met with a bombardment of intimidation and misinformation made it easy for Unity to sweep many of the problems and potential problems under the rug, while implying that minor wins were far more major in scope than they actually were. But make no mistake, the givebacks and potential givebacks are there. Until 2027, here is some of what we have gained:

  • PD is now 20 minutes shorter each week, though most of that time has been repurposed into parent outreach rather than OPW time.
  • Teachers can perform parent outreach remotely, but with new paperwork requirements and other red tape.
  • We now have more flexible bereavement time.
  • Elementary school teachers now get dismissal responsibilities factored into their workdays. They also should not be made to work more than three periods in a row, although only when administratively possible.
  • We get a few other minor and conditional perks here and there, most of which I go over in this post.

But, here is some of what we must now worry about:

  • Wage increases that are significantly below inflation.
  • If all healthcare givebacks weren’t factored into the record-low 3%ish salary increases, we could also see additional healthcare cuts going forward, as Mulgrew has already prepped us to accept. This possibility goes double now that Judge Frank has ruled in favor, even temporarily, of retirees not having their healthcare pillaged.
  • A portion of our income is now in the form of unpensionable bonuses that could have just been a pensionable part of our salaries.
  • There is no explicit language in the new TA specifying class size caps for virtual schooling. We do not want to have to rely on an arbitrator if our implicit assumptions aren’t shared by the City. This could be a disastrous situation, especially in the high schools.
  • As a condition of remote parent outreach time, there is new language requiring excessively collected paperwork/documentation. A principal can also take away your right to work from home without due process. Consequences without procedural guidelines or recourse is a blatantly anti-union premise and opens a pandora’s box for further future language chipping away at our due process rights.
  • We now have new paperwork possibilities. Curriculum Mapping is against the language of the previous contract. But in the new contract, it’s a C6 option. Should teachers who were promised reduced paperwork in fact be preparing for new paperwork responsibilities?
  • Teachers now have less of a say in what is done with their professional time. Specifically, principals no longer must wait for chapters to SBO non-credit bearing advisory. Because of its class-size limits, in fact, advisory will likely be the only real C6 option for most members at schools who adopt it. Not office hours. Not IEP time.

Many of the supposed ‘gains’ in the contract were also misrepresented, somewhat blatantly, by Unity staffers. Teachers at many schools will soon learn the hard way that:

  • Principals don’t have to give you a single PD that grants CTLE hours. They simply have the option to give you up to two.
  • Only multi-session schools get an unassigned professional period. The majority of us (who work in single session schools) will still get 5 assigned C6 periods a week.
  • No, we don’t get new ‘choices’ for C6. Rather, principals have new choices of what to put as the menu options for ‘their’ schools. As I discussed above, that will primarily be a loss for teachers where hitherto regulable options (like non-credit bearing advisory) can now be exercised without chapter consent at the expense of necessary activities like IEP writing.

Moreover, until 2027, we will be locked into a contract that did nothing to solve problems like:

  • The lack of due process for untenured teachers, who can remain probationary for indefinite amounts of time.
  • Lack of real recourse for teachers who are discontinued for unfair reasons. 
  • The many bargainable issues that face special education teachers.
  • Class sizes, which now may even be worse for teachers with new remote responsibilities.
  • Massive caseloads for related service providers.

This is all disappointing, but unsurprising in the context of a union whose leadership does everything it can to pre-empt debate, sweep inconvenient facts under the rug, oversell mediocrity, and convince members that the tactics we would need to get real gains for labor shouldn’t even be an option. Still, a note: while a number of irregularities characterized the voting/mailing process, thus prompting the High School Executive Board to pre-emptively seek out chapter-specific data, the surprising turnout numbers and margin of ‘victory’ were enough to suggest that the results (ratification) would not have been different. UFC affiliates were also present during day-time portions of the count to observe what they could of the process, but didn’t see any concrete malfeasance resembling what DC37 officials were caught doing to rig a ratification vote back in the 90s.

This contract, despite its faults, is now our contract. Indeed, it will be for some time.

Judge Frank Grants TRO for Retiree Healthcare Switch

Today, Judge Lyle Frank granted a TRO which will temporarily halt the City and the MLC from switching all retirees from GHI SeniorCare to a for-profit Aetna Medicare Advantage Plan. While the case, initiated by the NYC Organization of Public Service Retirees, is far from over, this is a very good omen. These excerpts in particular bode well:  

“First, the Court finds that the petitioners have shown by clear and convincing evidence that there is a likelihood of success on the merits. The Court agrees that it is likely that this Court will ultimately find that the respondents are estopped from switching retirees into a Medicare Advantage Plan and that New York City Administrative Code section 12-126 does not permit the action that the City plans to take….The petitioners have shown that numerous promises were made by the City to then New York City employees and future retirees that they would receive a Medicare supplemental plan when they retired, and that their first level of coverage once that retired would by Medicare.”

Make no mistake: the timing of this TRO decision alongside a new contract that is almost sure to be ratified within the next several days is meaningful. Mulgrew’s nightmare scenario of a ratified contract followed by the necessity of making major negative changes to in-service health care plans now seems more likely and more imminent than it did before. Mulgrew, after all, will still need to find savings to pay back the City for promised healthcare spending reductions. Now, however, he will have to pillage elsewhere than our retiree coverage. For those next steps, we must wait and see; against those next steps, we must be ready to fight.

Summer Vacation is also Discontinuance Season in the UFT

While many of us are enjoying our summers, other UFT members are in a state of panic as they receive—or expect to receive—notices of discontinuance.

Discontinuances are one of the oddest and cruelest fixtures of the DOE’s employment structure. With the stroke of a pen, a single principal can destroy a young teacher’s career for ‘any and no reason.’ And those unlucky enough to be in this situation have little recourse. (Indeed, the best solutions are usually preventative – convincing a principal to let one go onto OpenMarket before a discontinuance is issued, a method that will be useless for teachers already receiving surprise notices in July and August).

The root of the problem lies in New York State tenure law. Through the process of discontinuance, districts in the empire state can remove a teacher from further consideration of tenure—i.e. fire and blacklist them within the school district of record—for any and no reason. But in Albany, Utica, Elmira, and Buffalo, teachers discontinued from one district can easily commute on over to the next one, resuming their careers without much difficulty. New York City, however, is often the only commutable work location for teachers who live here. That means a discontinuance in Manhattan or Brooklyn leaves many teachers with the unenviable choice of either getting out of teaching or getting out of Dodge.

The problem is doubly bad for High School teachers, who are counted by the City as working under one single district for tenure purposes. Whether the discontinued teacher had been working in St. George or Coop City, their career—as, say, an NYC high school Spanish teacher—is over. For them, being discontinued means they can either try their luck in middle schools or apply to work under a different license, assuming they have one. Elementary teachers, on the other hand, are only discontinued in the geographic district they work in, which means that—unless they had worked in the single-districted Staten Island—they can resume their careers within even the same borough, assuming they can find a school willing to hire them. The High School Executive Board put forward a resolution, which passed at the DA, to make the high school experience comparable to the elementary one, but even if we succeed, that won’t be nearly good enough.

That’s because, even for elementary school teachers, being discontinued means getting a city-wide black mark—a red flag—that makes principals who could hire you in the limited aforementioned contexts think twice before doing so. It’s why, while single-licensed high school physics teachers are de jure discontinued from working in all of New York City after being denied tenure, elementary school teachers are often de facto discontinued from working in the rest of the city as well, unless they have a particularly hard-to-staff license and/or are willing to work in a hard-to-staff district.

Why do we have a system by which in order to free up a position at a NYC school, a principal has to destroy the career of the teacher they want to replace? There are absolutely teachers who may show they are unfit to work in any school at all, but why do we submit those teachers to the same ‘firing finality’ as a first year teacher who would probably be fine with a little more work? Or the teacher doing a stellar job but who is in the way of hiring the principal’s neighbor’s newly certified niece?

It’s a question we need to ask. Teaching in New York City is not like other careers in New York City. Getting fired from a law firm means you lose your job at the law firm, not at all law firms in the city. But, because there is effectively only one employer for teachers in New York, losing your job as a teacher at one school means effectively losing your entire career.

Today, the 2023 contract ballot count is taking place. Discontinued teachers will never work under that contract, should it pass. But, probationary teachers set to work in September will. And they’ll find not a single line in that contract offering them enhanced due process for discontinuance. They’ll find no language offering reduced consequences for being discontinued for different reasons. It’s a glaring omission—and one of many things that must be fixed should we get a chance to go back to the bargaining table.

Teachers deserve better than the possibility of losing their careers as educators in New York City due to the whims of an errant or abusive principal. We can and must rectify the situation.


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