Posts Tagged 'Contract'



UFT Leadership is Playing ‘Chicken’ – and We’re all the Losers

The Unity-led UFT has finally let a ‘select group’ of members learn their negotiating strategy, and it’s not exactly 3-D chess. Now, all of this was said at a CAT team meeting, with over 1,000 unknown attendees, none of whom had to prove their identity to get in. There were no NDAs for this – it was public – so I have no qualms about sharing. In fact, I feel obligated to do so, as most of us who were formally invited to register and attend—including me—were never let in. Indeed, most of us who wanted to hear the news were forced to attend ‘wildcat’ zooms to have the meeting ‘illegally’ streamed to us. The UFT, for some reason, only allowed 1,000 slots to disclose our next contract action steps – even though there are 1,859 DOE schools.

It appears that UFT Leadership sent out that absurd Friday email—the one that scared us into thinking we might be going back to teaching 37.5 extra minutes, 4x a week (150 minutes total)—as a negotiating strategy. You see, they think that the DOE doesn’t want us to do the free small group instruction – that they’d prefer having 150 minutes worth of weekly PDs, parent engagement, and OPW (as we have now). And so, forcing the City to possibly have to accept the old 37.5 option instead would put them in a bind. UFT leadership thinks the DOE hates this option so much that they’d prefer a new ‘third’ option, Now we don’t have actual details of what that ‘third’ option is, but UFT leadership is telling us that it would repurpose the 150 minutes in a way that gives teachers more freedom over its use. The problem with this strategy is it rests on the DOE not wanting us to tutor 37.5 extra minutes a day 4x a week. It rests on them preferring that teachers instead get that time for themselves. And finally – it rests on us—UFT membersbeing OK with losing dedicated OPW and parent engagement time and having to do 150 minutes of tutoring a week if our ‘strategy’ fails.

So, as you can probably gather, I’m skeptical that UFT leadership is right that the DOE doesn’t want the 37.5 option. We know that the City has suggested they want longer school days and a longer school year. They already released a calendar with 5 extra school days. And now the UFT is handing them over a longer school day. In the minds of UFT leadership, the DOE would prefer taking that time and giving it back to teachers to use as they see fit. Does that make sense to you? Would the DOE prefer giving teachers more time to instead getting longer school days and making tutoring part of the contractual work day (no more per session)? It doesn’t make sense to me.

But let’s say UFT leadership is right, and the DOE doesn’t particularly want the 37.5 option. Are they sure they want it less than teachers? Because teachers may not like weekly PDs, but they certainly like having OPW time. And the DOE may not love losing weekly PDs and dedicated times to have teachers do their pet projects, but it will save them a ton of money on consultants, and I’m sure most principals will find a workaround for key PDs and projects anyways. In fact, the primary work-around would probably involve teachers losing their preps. That’s right – under the 37.5 option, teachers would lose time to themselves, as many principals would likely require them to get the same stuff done that we currently do during PDs/PE/OPW time. Now we’d just have to get all that done during our already limited prep times. And that means the UFT is playing a very risky game of chicken we’re likely going to lose, one way or another.

The worst part is, we aren’t playing this game of chicken for most of the key issues that matter to us – things like money and healthcare. Yes, one of the things that matters to us is control over our time. But paradoxically, this game of chicken may lose us the little time we have. And wasting our time on a Friday night brainstorming how to ‘win’ this game of chicken—a game that none of us asked for—by wearing the right amount of blue clothing does not exactly bring me any confidence.

A reminder to all – United for Change has listed five big demands. It’s looking less and less likely that this contract, if we even get one before summer, will meet them.

UFT Contract 101: What makes a giveback a giveback?

Unless negotiations between the UFT and the City completely break down, all indications suggest that a tentative contractual agreement is near. United for Change, of which New Action Caucus is a member, published a combined list of five demands we need met before voting yes. I wrote a piece detailing the first demand, on wages. Unfortunately, we are almost positive that the first contract draft will concede to an inflation-adjusted pay cut. For many members, this is not just unacceptable – it is also a good example of what unionists call a ‘giveback.’

Defined loosely, ‘givebacks’ are “a previous gain (such as an increase in wages or benefits) given back to management by workers (as in a labor contract).” Based on that definition, the likely wage ‘increases’ in our next contract will be a ‘textbook’ example of a giveback. After all, if we ratify an agreement with roughly 3% wage hikes per year in a time of record inflation, that means doing the same work but for less. Others may counter that since ‘the pattern is the pattern,’ and since that pattern was set by DC-37 rather than by the UFT, our inflation-adjusted pay-cut is not a giveback, at least not per se. I disagree with that line of thinking, particularly since UFT leadership opted not to fight to set a better pattern than DC37’s, but I digress.   

So, what are some other types of givebacks that the UFT has seen over the years? Many of them were tallied in an infamous presentation made by some MORE members and linked to here by New Action. As the writers of the PowerPoint put it “By 1990, the UFT had won these contractual rights, and by 2020 we had given up all these rights:

  • An excessed teacher was placed and appointed to the closest vacant position in their license.
  • Teachers could transfer to vacant positions in other schools based on seniority, without the approval of any principal.
  • A member could grieve a disciplinary letter on grounds it was unfair and/or inaccurate.
  • The five-day workweek was 31 hours and 40 minutes (today, it is 34 hours and 10 minutes).
  • Teachers could take sabbaticals for travel.
  • There were no “professional activities” (C6 assignments). Most high school teachers had two prep periods a day.
  • We have made substantial concessions in health care via MLC.
  • We have made many non-contractual concessions like new pension tiers (Tier 6, changes to tenure rules).”

The Unity-led UFT leadership ended up hiring lawyers paid with our dues to try and scare opposition unionists into deleting the presentation under the pretense of ‘copyright infringement.’ But, when confronted with the question as to why UFT leadership had a problem with the PowerPoint, one prominent Borough Representative responded that “the UFT obviously doesn’t agree that we’ve had givebacks.” The UFT, you see, can’t admit to givebacks, even when they’re as plain as day.

And that should worry us, especially because covering up our losses is not a minority opinion. Indeed, at the most recent UFT Executive Board Meeting, a prominent District Representative suggested it would be a problem to allow delegates two weeks to review changes to contractual language before voting, because then opposition unionists might publicize negative things about the contract. To opposition unionists that’s precisely the point – if there are negative things in the contract, delegates deserve to know about them before we vote on them, no? But, to Unity, ignorance is apparently bliss.

We likely won’t have much of a chance to go over changes to the contract before we vote on it. Unity has made this very clear. That means that we’re likely to get givebacks we don’t notice, like the 2018 line in a hidden appendix that committed us to hundreds of millions of dollars in annual contract savings. That giveback, in the deal that Mulgrew told us had no givebacks, is now well known. But there are other lesser-known givebacks. And those lesser givebacks have the effect of combining to elicit a compounding effect over time, which means we need to see them, catch them, and prevent them from being signed into any new deals.

An example of a giveback that flies under the radar but shouldn’t is the 2018 change to requirements for obtaining the Masters +30 Salary Differential. Whereas previously, UFT members like myself could obtain a MA+30 through a number of avenues, including an additional (non-teaching) Master’s program or unlimited CLEP exams, this new change added something called ‘A+ credits’ to the mix. In theory, A+ credits could have just been one new option of many that made it faster and potentially cheaper to get a +30. And that’s what leadership made it seem like. Check out slide 27 of the PowerPoint that UFT leadership gave Chapter Leaders and Delegates at the fatefully rushed emergency DA at which we were sold the 2018 contract. A+ credits weren’t just framed as a ‘non-giveback’; they were framed as a new option for members – a contract ‘win’ that would give us “more freedom, more options.” But that wasn’t true. It turned out that after the 2018 contract was ratified, new teachers were obligated to get 18 of their MA+30 credits—more than half of them—through the A+ program. That means less freedom and fewer options. For many teachers, it also means less money. I meet newer teachers who came into the DOE with additional MA degrees all the time. They would have qualified for a MA+30 under the old model. Now, they must wait longer and go through pricey red tape to be paid the +30 differential. Despite already coming in with a Masters and 30 additional credits, they are nevertheless forced to spend new money and invest time which they might not have on classes that are limited in scope and which may not be of interest to them. For those teachers, the creation of the A+ process is an extremely expensive and bureaucratic give-back that makes it harder to reach top salary, even if it was potentially a win for patronage jobs at UFT Teacher Center.

So, when we finally see the new contract draft, as many of us expect we will later this month, look out for givebacks—not just the big ones, like pay-cuts or healthcare concessions, but the seemingly little ones, like A+ credits. Because these givebacks, which UFT leaders insist aren’t givebacks, add up. They compound to harm us, often falling hardest on new and future members. And look beyond the official UFT PowerPoint and summary, which are likely to obfuscate the negative ‘giveback’ aspects of changes in favor of getting a ‘yes’ vote. We just can’t vote to let our rights erode further, especially in the context of an assured pay cut.

UFT Contract: There’s a 0% chance we vote yes to 3%!

Inflation is out of control. Educators, who have never made enough to begin with, know this acutely. We feel it while stocking up at the grocery store and while searching for even the most modest apartments. We feel it while trying to buy a used car or while saving for the college education of our children. Everything costs more, except apparently the labor of educators. That’s why “fair pay with raises we deserve and pay parity” is the first of United for Change’s big 5 contract demands. 

We can turn to the mayor himself to paint a picture of the gravity of our financial situation. In 2007, when then NY-Senator Eric Adams gave his infamous “Show me the money” speech, he told an audience of New Yorkers that $79 thousand isn’t enough to live on. Flash forward almost two decades later and that same figure is worth $115,000 – almost the top salary for DOE teachers ($128,657 with a Masters +30). Starting teachers today make $61,847, worth only $42,271 in 2007 dollars. That’s about half the figure Adams was calling poverty wages. And, because it takes teachers twenty-two years to reach top salary—(police, in sharp contrast, make theirs after 5 ½)—it takes new teachers decades to make a reasonable wage. For paraprofessionals, the situation is even more bleak. With starting paras making $27,920 – but a fourth of Adams’s poverty figure in 2007 dollars ($19,083), and with senior paras never exceeding the wages of first year teachers, career-long paraprofessionals never make close to a living wage.

Today, Adams is on the other side of the negotiating table. While he and Chancellor Banks hire each other’s romantic partners to make absurd salaries of which New York UFT members could only dream, all Adams is likely to offer us is a measly 3% to 3.5% increase per year. 

Yet, Mulgrew’s Unity-led UFT has told us to accept the pattern. Indeed, when it was being set, they did nothing to stop it. At contract meetings, they’ve told us that asking for cost-of-living adjustments is ‘political’ – that it doesn’t necessarily match how unions negotiate salary increases. At the Brooklyn contract rally of May 24th, chants of ‘3% is not enough!’ were suppressed by union leaders making salaries of $200,000 and $300,000+. ‘Stay on message!’ they countered, redirecting rank-and-file unionists to demand vague changes to working conditions. 

Easy for them to say. Yes, we need changes to working conditions. But we also need to survive. Inflation is astronomical. Social Security adjusted their COLA increases at 5.9% for 2022 and 8.7% for 2023. And yet for New York City municipal workers, we’re likely to get a pay increase lower than the mostly non-unionized national average. But, in cities where unions fight, raises are far higher. Los Angeles, for instance, whose teacher union does not argue that its members should lack the right to strike, just got 21% increases over a three year period. We don’t have to accept 16.21% over five years (roughly 3% per year), because we know we’re worth more than that.

We can do better. We can vote no, regroup, use real union negotiating tactics to fight for the raises we deserve, and get a contract worth a yes vote. 


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