Archive for August, 2023



Retirees Win! – For-Profit Mulgrewcare Plan Quashed Again

The NYC Organization of Public Service Retirees has officially won its lawsuit against the City, preventing Adams, Mulgrew, and the MLC from forcing medicare-eligible retirees off of GHI Seniorcare and onto a for-profit Medicare Advantage plan (MAP) run by Aetna. The decision is brief, essentially just referencing that the TRO/Injunction that I reported on earlier this summer still stands based on the language in that earlier filing. To quote Lyle Frank: ” ORDERED that the Respondents are permanently enjoined from requiring any City retirees, and their dependents from being removed from their current health insurance plan(s), and from being required to either enroll in an Aetna Medicare Advantage Plan or seek their own health coverage.”

Congratulations, retirees. While the City of course will appeal, this news is good and bodes well for the future of retired members – as well as future retired members. In the mean time, in-service members, be vigilant and look out for the City/MLC, who may now look for new ways to push the ‘savings,’ which they were trying to make on the backs of retirees, onto us in the form of increased copays, reduced coverage, new premiums, or new insurance plans altogether. If that happens, in-service members must fight, as the retirees did, and make sure that doesn’t happen.

“The City Said No:” or How UFT Leadership ‘Negotiates’

Earlier this summer, our union membership ratified most of the contracts that we’d been negotiating with the City. As we all know, one bargaining unit voted no on theirs, and the response from UFT leadership was nothing short of disappointing. Put briefly, UFT/Unity delivered the ‘news’ that the City simply wasn’t interested in renegotiating, encouraged an email campaign to conduct a ‘revote’ rather than work to renegotiate, scheduled a summer revote against the wishes of elected rank-and-file leadership, and tore apart a non-Unity-led chapter for political gain in the process. But, this article isn’t about the OT/PT chapter; this article is about everyone else.

Members may remember that at the end of the year, we were rushed into the ratification process for a contract that the negotiating committee, executive board, and delegate assembly had no chance to review. At all three of those meetings, a conspicuously staged platform of cringe-worthy obsequiousness from Unity members that even seemed to make UFT leadership blush was aired to confused attendees. That obsequiousness was coupled with merciless dues-funded heckling of anyone in opposition, myself included. On the practical side, summer, we were told, would force us to vote immediately (something the OT/PT revote–to take place in August–disproves, but I digress). And so, those three bodies moved to go forward with the ratification process, without an MOA in hand. To be sure, it was later released to membership for review – albeit with far less time to read the fine print than is typical for union contract votes. 

What members may also remember is that, mere days before being jolted with the surprise of contract ratification, we were prepped by leadership to expect a pro-longed contract fight. Mulgrew had only just emailed us stating that “the city has shown us that they have zero respect for everything we have done as educators over the past three years and everything we continue to do each day.” What changed, just days later, when power-point in hand, our UFT president ran us through an ‘overly rosy’ sales-pitch telling us how good our contract was? After all, New Action analyzed the contract thoroughly, coming to a consensus that we’d be better off voting it down. No amount of distracting perks and Unity propaganda could make up for sub-inflation wage increases and obvious givebacks.

I’d like to offer that, in all likelihood, nothing—certainly nothing substantial—changed between Mulgrew’s email to us telling us we weren’t going to get a good deal and his power-point, just days later, telling us how good the deal was. I think, just as in the case of OT/PTs, Mulgrew heard the City say ‘no’ to our demands, and decided we should just take whatever deal they wanted. 

Don’t get me wrong: I was part of a negotiating subcommittee. I saw language written or suggested by rank-and-file members that ended up accepted, often in pared down form, and codified into the contract. But, these were all essentially minor, often lateral, changes to the MOA. On the contrary, when it came to major changes, we saw nothing where it was expected most – like in special education, where implicit leverage made our lack of gains incredibly disappointing. Negotiations, indeed, seemed cut drastically short. Whereas many of us expected to fight back against the City’s many ‘no’s’ at the bargaining table, we suddenly were called back to see a deal that barely had any of our demands met – with most of the major changes being ones that surely the employer must have asked for, not us. The ominous promise to create a system-wide virtual instruction network (and without codified class-size limits) is case in point. 

So did we really negotiate the best possible deal we could – or did we just accept the City’s offer? UFT/Unity’s deliverance of the message that the City doesn’t want to renegotiate the OT/PT deal, followed by its orchestration of a revote, makes one wonder what leverage we ever had at all with any of our conspicuously mediocre contracts. The other day, a reader of this blog commented that “Despite its storied history, UFT has now solidified its current form as little more than a corporate HR department.” With respect to UFT leadership at least, it’s hard to disagree. 

As strike-ready labor, such as UPS drivers, organize their way into making salaries competitive with our own, even without the expense of college degrees, we find ourselves peculiarly at a point much like we were at when the UFT was born. At that moment, with salaries trailing what was being made in factories, and with often horrendous working conditions that needed to be rectified, we made the decision to unionize – and for a long time, we organized and struck our way into teaching being a competitive job. But we gave up, giving in to concessionary business-style unionism;  and our losses are starting to ‘add up.’ It’s time, once again, to catch up with unionized labor around us. It’s time, quite frankly, to stop delivering ‘no’ messages from the employer and start being a union again.

Mulgrew Overturns OT/PT ‘No’ Vote – Revote Scheduled This Month

This afternoon, UFT leadership decided that the OT/PT bargaining unit would be split up between those who voted no (OT/PTs) and those who voted yes (nurses, supervisors of OT/PTs, nurse supervisors, and audiologists). The subunits who already voted ‘yes’ will not get a revote. They will automatically get their contracts ratified, despite the initial bargaining unit voting ‘no.’ This includes nurses, who, incidentally, might have voted otherwise (‘no’) had they known that municipal hospital nurses would break the pattern and get pay parity with nurses in the private sector. School nurses, who will follow the UFT’s much touted ‘pattern,’ indeed, will now be amongst the lowest paid nurses in New York City. They will not get a revote. But, yes votes were never the issue to Unity. No votes were.

And indeed, with ‘no votes’ the issue, only those titles who voted ‘no,’ i.e. OT/PTs, will be given the ‘opportunity’ to do a revote. Despite voting 2/3s ‘no’ the first time around, they will be made to vote again- with the hope that they will vote yes this time around. The entire process will take place by mail, and will be completed in the month of August, when many members will be on vacation. Notably, the decision comes just after the OT/PT Executive Board voted overwhelmingly to not do a revote, but after hundreds of OT/PT members, mostly (but not entirely) members who had already voted yes or failed to vote the first time around, petitioned to overturn non-ratification by holding a revote

There’s a lot to unpack here, and while I won’t comment on the ‘reverse gerrymandering’ of the bargaining unit, there are many reasons that the ‘revote’ decision is problematic. After all, nothing about the contract has changed. It is just as bad as it was before. All that has changed, in fact, is that Mulgrew has conveyed that he won’t be able to do the job of renegotiating, especially in a timely manner. This is not a reason to revote on a contract – it’s a reason to get UFT leadership to do their job (or find someone else to take their place). 

Instead, UFT leadership decided to work with others in their caucus to divide the chapter, for political gain. After decimating the ‘unity’ of the chapter; after telling them that they were only going to get the City’s first deal, nothing better; after telling them that organizing was pointless; after aiding and publicizing a ‘revote’ campaign, which was deliberately politicized to scapegoat non-Unity OT/PT leadership for daring to think that organizing was worthwhile; after all this, Unity-aligned UFT leadership set up a situation where this time, they are much more likely to get that yes vote.

But mark my words – those new ‘yeses,’ if they come out that way, won’t be affirmations of the contract – they’ll be votes of no confidence in the ability of Mulgrew to do his job. 

Not only is this situation an insult to OT/PTs, who deserved better but were stomped down and told they wouldn’t get it no matter how hard they tried; this is an insult to unionism in general. It is clear now that UFT leadership was never in the business, this contract season, of more than uncritically communicating messages from the City/DOE and doing whatever they could to get membership to agree with taking less. This situation is case and point. Now we know that if we ever vote that the City hasn’t done enough – that we deserve better, like nurses in public hospitals deserved better – now we know what the Unity-led leadership will do: whatever it takes to dismantle democracy and avoid ‘doing the work.’

The full email from UFT leadership follows: 

“Thank you to those who attended our meeting last week concerning a revote of your chapter’s contract. After looking into the details of how to break up the bargaining unit, we can now announce that we will move forward with the split within the next week. 

In the past several weeks there has been an outpouring of opinion from your chapter concerning the idea of a revote. We weighed all sides of the arguments and took everything into consideration including the fact that the Supervisors of Nurses and Therapists, Audiologists and School Nurses are officially being removed from your contract. The OT/PT chapter will now stand alone and, as a result, the situation has changed significantly. We now feel strongly about having a revote only for your chapter. The other three groups already ratified in the original vote in June so there is no reason for them to revote. Please note that the result of your chapter’s revote – no matter the outcome – will be final.

We met with the American Arbitration Association to discuss the voting process and determined that the ballots will be mailed on Tuesday, Aug. 8, and will be due Aug. 29. They will be counted on Aug. 30. Additional voting instructions will be mailed with your ballot.

We recognize that some members may be away for the summer vacation. If this applies to you, you can provide us with a summer address that is different from your home address by contacting our election coordinator, Yasmin Colon (ycolon@uft.org), and we will have the ballot sent to that address. 

We will also have a dedicated hotline for anyone who needs help with the revoting process. Please call 212-331-6310 if you need assistance at any point. 

Again, thank you for speaking out to make your voices heard.

Sincerely,

Michael Mulgrew”



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