Archive for the 'Contract' Category

New UFT Contract Passes: New Action Sees Many Gains, Yet Has Many Reservations

Members voted for a contract that has some very important gains. At the same time, it does not deal with some very important issues. While receiving an 80% vote from almost all units it was rejected by OT’s and PT’s. It is our obligation to stand in solidarity with the OT’s and PT’s. They will need our support.

We Have Serious Concerns

The most troublesome feature is health care givebacks, including the introduction of a two- tier health system. The contract promises to save the city a purported $1.1Billion over 3 years. This alone is cause for concern. We are very wary of the details, only some of which have been released. We do know that first year UFTers will no longer have the right to select their health plan – they will be automatically enrolled in an HMO, HIP. We need to stand vigilant against the real danger that the next go-around the city will demand a three-year two-tier, or a two-tier that lasts through the period of probation.

The membership should have been involved in the discussion… BEFORE DC37’s contract. Why did our membership not vote on this package BEFORE our representatives agreed to it at the MLC? Agreements at the MLC that bind us during negotiations, must be brought to the UFT membership first. We must guard against future incursions on our health care. The issue of Unity making deals with the City and the other unions, and presenting them to us done deals is very serious. We must end this anti-democratic practice.

Another concern is that the money is not great (2%, 2.5%, 3% over 3½ years). These raises do not keep up with inflationary for most titles – they do not miss by a lot, but they do not keep up.

The process was egregiously rushed. People like the idea of an early contract… but Delegates were notified to attend a meeting (Friday 10/12) the day after the agreement was reached (Thursday 10/11). Delegates were asked to vote on a document they could not have possibly read. By the way, there was a regularly scheduled DA Wednesday 10/17.  Unity clearly did not want serious discussions taking place in the schools. Why else was there such a rush?

Some Positive Aspects

The Negotiating Committee, including some rank and file members, actually did some of the negotiating this time – that’s a step ahead, although it falls far short of having meaningful engagement at the chapters.

Due process for paras. Before this contract, paraprofessionals could be suspended without pay based on a single allegation. This contract establishes elements of due process for paraprofessionals.

Easy route to resolve a range of school-level problems. The contract allows complaints to be brought to consultation, and if not resolved within five days, go to the district level. Five new classes of complaints do not require members to file an individual grievance. The categories are: Paperwork, Workspace, Workload, Basic Instructional Supplies, Professional Development, and Curriculum. Still there is no route to resolve unfair or inaccurate disciplinary letters. The right to grieve letters in the file, surrendered in 2005, must be restored.

More Arbitration Days. We get more arbitration days by agreeing to use existing days better. Class size grievances will be heard earlier, and resolved more quickly. In practical terms, arbitrators will handle 6 in a day (instead of 1). Salary, LODI, and religious observance arbitrations will be scheduled 5 per day, instead of one per day. The Grievance Department estimates that we will get an additional 140 days that we can use to arbitrate matters that are critical to us. Bloomberg’s Department of Education intentionally forced us to waste arbitration days, and de Blasio’s DoE had continued the practice. Now that should end.

Two observations. For most teachers (with an HE, or two consecutive E’s) there will be two observations per year. Unity Bigwigs wanted as many observations as possible (yes, many members of Unity Caucus argued for this – but the members wanted the numbers cut). And we did get the number of observations reduced. We still have a long way to go: Students’ test scores still factor into our observations, and our ability to challenge bad observations is blocked by current state law.

Anti-Harassment Language. We won language prohibiting retaliation, with a process that leads to arbitration. Enforcing it will not be easy – but this is the first time we will have such language:  This does not come close to solving the problem of the abusive administrator, but it is a step in the right direction. We’ve got all these new arbitration days – we have to press Unity to use them to push back on abusive administrators. New Action’s plan to deal with abusive administrators is much stronger. Contact us if you want further details.

ATRs – placed in vacancies Day 1 (instead of weeks later.) Salaries won’t count against the school.

Key New Action Contract Demands were Ignored

Fight abusive administrators. We need to keep pressing the union to respond to members in schools with abusive administrators who attack our members and go after UFT Chapter Leaders. · Reduce Class Size. Expedited procedures are one thing, but reducing class sizes should be the goal. We need to end the false dichotomy between raises and reducing class size. We should target lower grades, and we should target higher needs districts. · Restore the Right to Grieve Letters in the File · Reduce caseloads of counselors, psychologists, and other support staff · End Fair Student Funding/Return to Unit Costing · Ensure real due process for probationary teachers.

Conclusions

This tentative contract has good new provisions, especially due process for paras, reduced observations, and some repairs to our grievance machinery. It also has disappointing salaries, and a dangerous change in our health care. There are issues (class size, abusive administrators) that we need to continue to deal with outside of the contract. And we must challenge Unity’s practice of making deals at the MLC without membership oversight. Finally, a union that fails to involve the membership at every step of contract negotiations is making a catastrophic mistake.

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Janus – It Takes a Fight to Win

This year the UFT and membership may face the most difficult year in our history with the adverse U.S. Supreme Court decision in the Janus case. We are convinced Chapter Leaders and activists in our schools will rise to the occasion and support our union by convincing every member to pay union dues. New Action is committed to make that happen.

But much more needs to be done to make this a reality. While the union has made considerable efforts to inform members about the benefits they derive from being members (specifically their efforts to set up committees in each school; sending activists to go door to door knocking, and using the NY Teacher to publicize the importance of the union to its members) they have missed the boat in key areas. UFT members want and need a more pro-active, militant response from our union. There is no simple solution but New Action offers a few for your consideration:

COMBAT ABUSIVE ADMINISTRATORS – Principals who harass our members and single out chapter leaders are a persistent problem in too many schools. The union needs to go after these abusers and let the membership know we will not tolerate this behavior. We have helped some members find support by appealing to the leadership at the UFT Executive Board. But members are too often rebuffed before they get there. The union, at every level, needs to take on abusive administrators.

INVOLVE MEMBERS IN A REAL CONTRACT FIGHT – The secret negotiations must end. Members should be involved any contract fight. What are the issues? We must ask school chapters to meet and hear reports on any progress! We must have them engaged in a real struggle.

UPHOLD THE CONTRACT – Principals are doing an end run around the contract. The union needs to consistently show it is there for us, has our backs. Too many administrators ignore our rights on programming, class size, professional assignments, etc. These should be challenged aggressively, individually and collectively. We must restore the right to grieve letters to the file.

ADDRESS THE PROBLEMATIC EVALUATION SYSTEM – Members have the right to challenge technical problems in APPR, but not the AP’s mistakes. And we know that administrators are often wrong – members need the right to challenge supervisory judgment. The number of observations is unnecessarily high: teachers who are year after year satisfactory need not be observed more than twice a year. But fundamentally the problem is deeper – ratings based on student test-scores are arbitrary and unfair. We need to repeal the State Law that established this.

END PATRONAGE – Hundreds are given part time union jobs based on membership in Unity Caucus. All they have in common is the agreement, when there is a vote, not to make up their own mind but to vote as Unity tells them. This system undermines members’ confidence in our union.

EMPOWER LOCAL LEADERS – Chapter Leaders (CLs) are volunteers. They are directly elected by their members. They should be the backbone of our union. But their representatives, the District Reps (DRs), are appointed by the President. They are responsive to 52 Broadway first, and issue directives to CLs. We should return to a system where DRs are accountable to CLs; we should return to the long-established practice of direct election of DRs by Chapter Leaders.

(from the September 2018 New Action Chapter Leaders Meeting flyer )

Did you get fooled into voting for higher co-pays?

(from the New Action leaflet distributed at the March 2016 UFT Delegate Assembly).
For a printable version click: Leaflet 2016 March 

Co-pays are jumping: Emergency Room visits – up from $50 to $150. Urgent Care – from $15 to $50. MRIs from $15 to $50. Specialists – from $15/$20 to $30. Blood Work and Physical Therapy from $15 to $20. Copays for visits to primary care physicians stay at $15.

How could this happen? Believe it or not, we voted for it. In the last contract, Unity put in health care “savings” provisions. But despite repeated inquiries, they never told us what those “savings” would be. Now we know what the “savings” are for this year. But brace yourselves – the contract does not agree to just one year, but FOUR YEARS of “savings.”

A better leadership would have shared this crucial information with the members WHEN WE WERE voting, not two years later.

A better leadership would be fighting to IMPROVE coverage, not making deals to make it cost extra.

We want and need parental leave, not higher co-pays. Vote MORE/New Action.

Paid Maternity/Paternity Leave

Last April New Action proposed that UFT members should be entitled to paid parental leave. UFT members are often shocked to learn that all they receive upon having a child is six weeks of UNPAID maternity leave. Eight months later de Blasio may be helping this to happen. But why did our union not raise this issue?

At the January 11 UFT Executive Board meeting New Action co-chair Michael Shulman asked if we could send a maternity leave resolution to the NYSUT RA. Unity’s response was that it was not up to us to make that decision for other locals.

New Action disagrees. We can take a stand for fairness and equity and decency. We need to change from the current system to one where UFT members receive paid parental leave. But we should encourage other locals to take this step as well.

Retroactive Pay and Fairness

(from the New Action leaflet distributed at the October 2015 UFT Delegate Assembly)
In a disheartening turn, after unusually harsh commentary by a teacher who is employed by the union,
the Unity leadership, followed by its caucus, voted en bloc against letting the delegates debate the issue.
For a printable version click: Leaflet 2015 October

Many members are happy to find the first lump sum payment from the 2014 contract in our checks. There are a flurry of questions – as is expected. When money is involved, we want to get it right.

The contract left out some groups of UFTers. People who have been discontinued are not entitled to the pay. Nor are people who resigned. Nor are people who left before age 55, waiting to retire when they turned 55. And people who died in service – their survivors are not entitled to the money they should have earned from 2009 – 2011. There is, unfortunately, nothing we can do to correct this unfairness.

But we can help another group. UFTers on maternity leave are not receiving the money due them this week. The City intends to pay them next round, in October 2017. There is a proposed resolution to get our folks the money they are due now. We urge you to vote to put this resolution on the agenda.

The Cost of Lowering Class Size

(from the New Action leaflet distributed at the April 2014 Delegate Assembly).
For a printable version click: April 2014 Leaflet Front 2014 and back

Lower class size is often at the top of the list when members are asked what changes could improve schools. There is more than one way to get this done, but we often think of doing it contractually, since there already are class size limits in our Contract. Article 7M caps kindergarten at 25, elementary at 32, junior high school at 33, and high school at 34, with larger classes allowed in Phys Ed and required Music, but with several (often frustrating) exceptions allowed.

We have been warned that lowering class size limits contractually would require a trade off in money. That’s as far as that conversation usually goes. But how much money? It turns out, reducing the class size limits by one student would cost about 1%. Now that would lead to interesting conversations in schools – if we tried to lower class size contractually, would members forego 1% for a decrease of one? 2% for two? 3% for three? 4% for four? or prefer to maximize raises and seek to lower class sizes through some other route?

Contract Vote – Why the Rush?

(from the New Action leaflet distributed at the May 2014 Delegate Assembly).
For a printable version click: March May 2014 Leaflet Front 2014 Leaflet Front and back

New Action believes this contract- any contract- should be the subject on discussion at every school in NYC. At the UFT Executive Board Monday night, May 5, 2014 we were informed that the details about savings in our health plan would not be available for the delegates to read. Mike Mulgrew said that the 47 page educational segment would be up Tuesday on the website. And it was. But this is inadequate.

President Mulgrew stated, “We’re way ahead of where we thought we would be.” New Action members of the Exec Board asked to table the vote until Delegates and Chapter Leaders had a chance to see the changes. We also asked for a later DA, so delegates could get the MOA before voting on it.

But we are being asked to vote on this before the health component is in front of us, and before members in the schools have seen it! This is not about trust. This is not about delaying a vote of the membership. New Action asked to reschedule for one week. Frankly, it’s hard to understand why we are rushing when the President says we are weeks ahead of where we thought we would be.

Health Care

 

(Get the point?)

 

Health Care

Imagine your son came to you and said he needed to update his health care, and found a plan that he was going to sign up for.  “Have you read it?” “No, it won’t be available for a week” “Do you have to sign up right away?” “No, I have a month” “Then why don’t you wait a week, and read it first?” “But my friends, who I trust, tell me it’s fine”

When we sign something important, we read it first.

On the up side

For months New Action has emphasized: no more working under an expired contract, full retro, including for retirees, no givebacks, and 4 and 4. The 4 and 4 is there, but is deferred for in service members. It is possible to interpret some work rule changes as givebacks, (thought that’s a stretch). Otherwise, those requirements have been met.

The paperwork (and computer work) provision is an important (grievable) gain. And few members will miss faculty conferences.

Education Reform is a Mistake

The PROSE schools (Progressive Redesign Opportunity Schools for Excellence) open the door for charter-style “reforms”. These reforms swept the country in the last decade, without providing better places to learn or better places to work. New Action also opposes the “career ladder” institution of Model Teacher, Ambassador Teacher, and Master Teacher.

Recovering from the Bloomberg Years

Substantial damage was done to our schools, to our contract (especially 2005, which Unity pushed so hard) and to our members while Bloomberg was in office, while Klein, Black and Walcott ran the show.

Fariña and de Blasio are pro-public education, and will be much better for us. Mulgrew says there is no comparison. But the new attitude has not made it to the trenches. The Chancellor needs to take steps we feel in the schools, so all of us begin to experience the difference.

In this contract proposal we get one piece back from 2005: the system of billing each principal for the salary of each teacher – thereby fostering discrimination against senior teachers – is being waived for teachers in excess (ATRs). We need this citywide. New Action pushed for this to be in this contract. But it can still be negotiated outside of the contract. Likewise, many practices including extending tenure, unfair discipline, colocation, can be negotiated, even after a contract has been signed.

Fariña and de Blasio are silling to work with us. We need to show them how to provide our members immediate relief.

Retro is there, but Money is Deferred

We expected 4% and 4%, that was the pattern, plus some weaker numbers moving forward. And that’s (almost) what we got. By deferring the 4/4 to late in the contract, it was possible to get a slightly larger total number, 18%. Members who can wait to see the money will end up a bit better off from the deferral, with a higher base going forward. But members who needed money in their pockets today have a right to be disappointed. The first raise we will receive since 2008 will be just 2%, plus the $1000 one-time bonus.

The retroactive money will be complete, but takes a long time to pay out, as expected.

The Smelly Elephants in the Room: Abusive, Incompetent Administrators

Some elements of this contract, for example repurposing time, can be quite positive where administrators and UFT members collaborate. But too many of our schools are led by abusive or incompetent. In those places, how can collaboration work? This union’s leadership has too often looked the other way. We must prioritize correcting the behavior of these administrators, or removing them. We must all benefit from the positive parts of this contract.