Archive for the 'Healthcare' Category

A Farewell to Collective Bargaining?

Over the last several years, UFT leadership has claimed repeatedly to be in an existential fight for our very right to collectively bargain. Infamously, they’ve made the absurd claim—over and over again—that pushing retirees onto Medicare Advantage isn’t about saving money at the expense of our most vulnerable members. Rather, they’ve suggested, Medicare Advantage is about our ‘collective bargaining’ rights. To Mulgrew and company, any judicial decision or piece of legislation that keeps the City/MLC from throwing retirees off their healthcare somehow diminishes the union’s negotiating power. What UFT leadership doesn’t say in their communications to members is that, for them ‘collective bargaining’ on healthcare primarily consists of promising away billions of dollars of funding and managing our losses by robbing Peter (in this case, retirees) to pay Paul (in-service members, who by the way, will probably soon be Peter). For UFT leadership, that beats actually organizing—which is precisely what they would need to do in order to preserve existing healthcare coverage for both in-service and retired members. That, of course, is unacceptable, especially since in some models doing the right thing on healthcare might mean losing valuable Unity patronage jobs.

But, since collectively bargaining away our healthcare is so important to UFT leadership, there’s a certain irony to yesterday’s AAA certification of the OT/PT revote. While in most circles a ‘yes vote’ would be a positive thing, in this case it’s not so simple. As readers know, the contract that just passed is a carbon copy of a deal that was voted down by a 2/3 margin earlier this summer. When our UFT President communicated to membership that he wouldn’t be able to do the job of collectively ‘re-bargaining’ in a timely manner, Unity orchestrated a divisive and undemocratic re-vote campaign to avoid going back to the negotiating table.  

But why would UFT leadership—who would rather throw retirees to the wolves than give up a chance to collectively bargain—forego their right to negotiate with management? Why would they instead ask membership to simply take the first deal the City threw at them?

The truth is that the UFT hasn’t seriously engaged in ‘collective bargaining’ for decades. Instead, they’ve engaged in ‘concessionary bargaining,’ accepting the bulk of what our employer demands, including a decline in real wages, reduced healthcare spending (for the City, not us), and changes in working conditions that have predominately favored management rather than labor. When workers, like the OT/PTs, have had the audacity to ask for more—for true collective bargaining—the UFT has responded by disorganizing them into acquiescence.

So, as MLC/UFT leadership pretends that we are on the verge of losing ‘collective bargaining’ rights because of a bill that would preserve retiree healthcare coverage, let’s call their bluff. They bid farewell to collective bargaining in the interests of membership long, long ago. What UFT leadership is fighting for is the right to concede.

Nick Bacon is a co-chair of New Action Caucus (NAC) and a member of the UFT Executive Board

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.

Will there be a contract this year? UFT’s latest communication suggests not.

On Monday, the 500-member negotiating committee will meet. That highly anticipated event, the culmination of a year of negotiations, will be followed immediately by the final UFT executive board meeting of the 2022-2023 school year. The very next afternoon, the June Delegate Assembly will be held. Big meetings like this are rarely so close together. You’d think the contract was ready for a vote.

But, as the DA invite email shows below, there may not be a contract vote this year after all. This comes as a bit of a surprise. Other unions like DC37 and PBA finished bargaining in February and April, respectively. And UFT leadership was signaling just weeks ago that the City and the DOE wanted the contract done quickly as much as they did. Then, almost immediately, they started to shift that tune.

It’s clear to me that UFT leadership wanted a contract before summer. They wanted to deliver that sub-inflation ‘pattern’ into our hands in time for our much-needed vacations. And in all likelihood, they wanted to encourage a yes vote by leveraging summer vacation against voting UFT members. But, as months went by, it appeared that they had misjudged the City and the DOE. Having signaled all over the place that they would only use ‘soft’ organizing tactics, UFT leadership showed that they had no leverage in negotiations. That summer contract they wanted was going to be harder to close than they thought. .

Then, the City started to play hardball. We were ambushed with a calendar that arbitrarily expanded our work calendar well beyond 180 days. That was big news for teachers, who erupted in outrage all over social media. But the real slight, at least according to early UFT communications, was the DOE’s unconfirmed adoption of the pilot workday. In retaliation, UFT leadership entered us into a nonsensical game of chicken that will now likely stick us with 37.5 minutes of tutoring after school each day, and no Other Professional Work (OPW) or Parent Engagement (PE) time. In other words, after a campaign that emphasized teacher-directed time, the result of contractual negotiations for this September may be that control of our time is gutted more than ever before. A terrible result – and a blow that will be compounded by a Unity-imposed ’10 % health insurance pay-cut’ whose deadline is closing in fast.

There is still time, of course. Maybe UFT leadership will get a last-minute agreement finalized this weekend. But under these circumstances, how good could it be? With such harsh wording in the DA email, isn’t it implicit that there’s no way we’re close to a good deal – one which would come close to meeting UFC’s 5 core demands? I sincerely doubt it.


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