Archive for the 'Contract' Category



UFT: Let’s do those contract teach-ins right today

Contract teach-ins start today. As I wrote last week, I’m in favor of the teach-ins, albeit with some modifications. I support them to the extent that they help members learn, think, and build some organizing infrastructure around our contract. I oppose them to the extent that the timing is odd (though better late than never) and the materials designed for them resemble propaganda to pre-organize members for a potentially undeserved ‘yes’ vote. 

Luckily, at this point, we have some new materials. The good folks over at MORE published a much better version of the UFT’s official powerpoint. It looks to resemble the original powerpoint well enough that it could be switched out without any new planning. And, James Eterno over at ICE-UFT published an awesome article thoroughly analyzing the flaws with UFT leadership’s explanation on what we ‘do and don’t’ have power to bargain over. (Spoiler alert: we have way more power than union leadership would have us believe). I’d frankly print out that article and read it with your chapter. You might also take a look at some sample contract demands like New Action’s and share those with your chapter.

In case you are interested, I’m also sharing my notes on the contract discussions below (prepared in advance of serving as a panelist at EONYC’s awesome and well attended inter-caucus contract discussion last night). The full recording of that event is here. It is worth a watch by chapters who want to get a sense of perspectives from across the UFT political spectrum – MORE, Solidarity, ICE-UFT, New Action, and Unity). My notes for that event follow. Good luck at your teach ins, everyone.

What would a fair contract look like?

I’m critical of our current contract. I’m extremely grateful for much of what is in it, but I’d love to see things improved. That’s why myself and the rest of New Action came up with our list of contract demands (linked above and here).

Teachers without contracts tend to be paid less. They tend to have very few rights over workday and working conditions. It’s very easy to fire them when they speak up. In the UFT, for all of our issues, that’s not the case, at least not at all to the same extent. Until recent inflation hit, we were able to claim fairly decent pay relative to unionized teachers (though pay must be increased and the time it takes to get to ‘top’ pay must be decreased). We also have many rights over workday and workplace issues and something of an infrastructure for dealing with violations. It’s not perfect. And in many ways, we have fewer rights today than we did yesterday. But it’s much better than the alternative. 

The trouble is our pay is increasingly not following inflation. Anything less than inflation is a pay-cut. And with threats from management that we might not get a contract (or at least decent COLA ‘raises’) unless ‘healthcare is fixed’ (i.e. unless our share of healthcare costs is increased, e.g. via premiums), I’m pessimistic that we’re going to get anything close to what we’re asking. Some teachers might be OK with that, as long as working conditions are improved. I commented once that I might be OK with less of a pay bump if we got rid of PD Mondays in exchange. But the truth is, too many of our members are living paycheck to paycheck. At a minimum, our contract has to have us breaking even in terms of pay/healthcare. That means pretty substantial ‘raises’ that exceed anything close to recent contract patterns.

What about costing? Can’t we improve our contract in ways that don’t ‘cost’ the City anything?

There are absolutely ways to improve our contract in ways that cost the City nothing. Chapter Leaders and other strong unionists could be given better protections, so that Open Market wasn’t the only solution for abusive administration. Better provisions specifying times for IEP writing could be given. Teachers could get more say over the administrator hiring process and win back the right to seniority transfers. Without even changing state tenure law, we could provide better due process rights for probationary teachers. The list goes on. Many of these things describe rights we had in the past and currently lack. If things that don’t even require ‘costing’ aren’t improved, or if worse still–we give back any rights–we should be particularly wary of approving such a contract. 

Does saying no to a contract mean we absolutely have to strike?

In 2018, I remember a big push from Unity staffers to get us to approve the contract. I was told that if we all voted yes, it would show that we all had confidence in our union. Typical ‘Unity’ stuff. But we can say no. I’m a member of the 500 person negotiating committee. If we don’t get the contract we deserve in our first round of bargaining, I personally won’t be offended if it’s voted down, even if that somehow means erasing language I personally had a hand in writing. The City is used to a union leadership who fights for us, but uses relatively conservative strategies, and is a bit too eager to come to an agreement. Heck, the last contract (2018) came early, and came with us saying yes to hundreds of millions of dollars in healthcare givebacks. I think if the membership starts saying no to less-than-stellar deals handed down to us by leadership, that’s going to send a message to union management that they have to do better. That’s also going to send a message to the City that we won’t accept less. With some organizing from ‘below’ by the rank and file, that could mean convincing UFT leadership to use more aggressive tactics that get us a better deal. Will that mean a strike? Not immediately, and hopefully not at all. But a union that hasn’t struck since the 70s likely doesn’t put too much fear into City management. If it came to it, a strike could be just what is needed to restore a currently off-kilter power balance between our union and City Hall. I’d rather it didn’t come to that, but we also probably aren’t getting ourselves a great contract by wearing blue or baking cookies.

To solve the fear/apathy problems in our chapters that might lead members to feel like there’s no point in organizing for the contract, the first step is sitting down and really thinking about what contract would be worth fighting for. Don’t let UFT leadership tell you that the things that are most important to members can’t even be a part of the contract. Don’t let them tell you we can’t do better than whatever first draft the UFT’s 500 member negotiating team comes up with. People will be willing to fight for a contract if their chapters agree to a contract worth fighting for. They likely won’t fight if it’s just for the provision of career ladder positions. 

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.

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 )


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