Posts Tagged 'Contract'



DC37 Sets Pattern Below Mostly Non-Unionized U.S. Average

It’s the last day of school before a much needed vacation, so just a few words on the terrible pattern set by the DC-37 contract. I’ll write something more in depth later.

A 3% wage increase is absolutely horrendous. It’s far below inflation, which is running into the double digits. It’s literally a pay cut. 3% is also below the national average. Most of the country isn’t represented by unions. So unionized New York City municipal unions are getting crappier raise increases than people who are working at-will. That’s terrible. And things will only get worse if we also end up paying for premiums, as Mulgrew has already prepped us to accept. 3% could easily become -3%.

Adams took advantage of DC37. DC37 is a large and diverse union, but most of its members make offensively low salaries. The union’s website stresses the reliance of its membership on public assistance programs to make ends meet. A 3% wage increase with a $3,000 signing bonus would go a long way for people who are already making non-living wages during a time of record inflation. Knowing full well that DC37 members would be the most in need of an immediate raise, Adams weaponized the increased cost of living (which he himself had a hand in driving up) to get the City’s lowest paid workers to agree to a wage increase that would never be accepted by other unions. And now everyone is stuck with that rate.

This is an absolute abuse of pattern bargaining. Pattern bargaining is supposed be a means of efficiently organizing fair wage increases for like-unions. Larger or more powerful unions negotiate first, ensuring that smaller and less powerful unions get the same deal. Everyone wins because less negotiating energy gets spent on figuring out financials, leaving more room to discuss workplace improvements and other non-economic factors. Here, in an absurd reversal, the City exploited the union with the most disadvantaged members so that it could force an unfair deal onto everyone else.

The blame doesn’t just go to the City. For MLC labor leaders, who make hefty compensation packages and don’t have to live with the consequences of sub-inflation wages, this is win-win. DC37 leadership gets to quickly get out wage increases to its membership, who is after all willing to take the deal. Then, labor leaders of unions whose membership would not take the deal get to sit back and blame DC37 for the crappy wages. They can now say ‘sorry, all we can negotiate now is non-economic factors.’ Hiding behind the pattern system and the Taylor Law, union leaders and bureaucrats can rest at ease, spending the rest of their time convincing membership why their hands are tied. This is a perfect example of what I meant when I said that “[UFT Leadership] will take on the task, not of organizing us to fight, but of disorganizing overworked members into acquiescence.”

But, Mulgrew isn’t off the hook. I’ll ask question number one: if we are conceding to the pattern–and recent communications seem to suggest that we are–are we also conceding to the work day that no longer makes sense under said pattern? About 20 years ago, we agreed to work extra time (now called PD Mondays and OPW/PO Tuesdays) in exchange for raises in excess of other unions. But now, we are likely to have to take a pay cut. In my view, if we aren’t getting the raises we deserve, that means it’s time to sunset extra time. To be frank, we now need that time to find extra jobs to afford living in this city.

Unions can and must achieve more than non-unionized America. The nurses just proved this. Their leadership didn’t hide behind patterns or find reasons not to organize. They struck and now will get 19% over 3 years. DC37 and the rest of us will be getting 16.21 over 5.5. See the difference? DC37 deserves far more than a 3% increase, as do the workers represented by other municipal unions. We can and must push for better, Taylor Law or not.

That’s all for now. I look forward to analyzing the situation more and publishing something longer in the coming weeks. Hopefully DC37 members vote ‘no,’ but we’ll see. It’s tough when your union recommends you do.

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. 

What would a fair UFT contract look like?

Contract negotiations are under way, though without an end-time in sight. We’ll soon see if the City was bluffing when it made its ultimatum that healthcare must be ‘fixed’ before they really sit down to negotiate, especially on raises. Their deadline for the City Council to amend Administrative Code 12-126 was Nov. 23rd. That’s only a few days away, and despite heavy lobbying from the Unity-led UFT, there doesn’t seem to be much interest by our representatives to remove healthcare protections for in-service and retired municipal workers. The ‘either’/’or’ vision of our contract–decent healthcare or raises–was always an absurd premise for our own union to champion. We should have been fighting for other funding methods, like a stock transfer tax, to strengthen and expand our healthcare resources. Instead, Michael Mulgrew misled us, placing a massive giveback in a hidden appendix of the last contract that committed us to find millions of dollars of recurring ‘healthcare savings,’ despite knowing full-well that healthcare costs were rising. Then, he had the audacity to say that there were ‘no givebacks‘ to a room full of delegates and chapter leaders. I was in that DA. I believed him. I told my members to believe him. I was wrong.

UFT leadership used to mobilize membership to fight for more. When the City tried to take things from us, we struck. Now, UFT leadership hides things from us, so we don’t notice it’s being taken away. If we notice, they throw propaganda at us, misdirecting members on their motives. Or they sit us down and tell us we deserve less, because the rest of the country is also getting less. A sea of blue shirts in solidarity for a ‘fair contract’ creates a façade masking the reality: our leaders are merely managing decline. Healthcare, wages, and working conditions are all on their way down. Union management will take on the task, not of organizing us to fight, but of disorganizing overworked members into acquiescence.

We can talk about what a fair contract would look like all we want, but until UFT leadership agrees to organize rather than obfuscate, we aren’t getting anything close to what we deserve. If that day comes, here are New Action’s demands for a fair contract:

NEW ACTION/UFT PROPOSALS FOR CONTRACT DEMANDS

  1. Pay raises in line with surrounding districts
  2. Maximum salary should be reached in 10 years like many other unions
  3. Reduce class size in every division
  4. Reduce caseloads of counselors, school psychologists, and other titles
  5. No agreement to place new hires into HMOs 
  6. End Fair Student Funding/Return to Unit Costing to end discrimination/harassment of veteran teachers
  7. Fight the attacks on Chapter Leaders and chapter members
  8. Fight abusive principals and place abusers on a UFT Watch List/Send teams into these schools
  9. Reinstitute seniority transfers
  10. End ATR pool by placement in vacancies
  11. Work to end school segregation
  12. Work to increase staff diversity
  13. Restore the right to grieve letters in the file
  14. Allow members to challenge principal’s judgment on observation reports
  15. Remove the Danielson Framework and decouple test scores from evaluations. Reform the evaluation system to be teacher led.
  16. Set penalties for administrators who repeatedly violate class size provisions
  17. And NO MORE healthcare givebacks!!!!


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