Posts Tagged 'Givebacks'

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.

Why is UFT Leadership misleading us about Precedent RE Administrative Code 12-126?

Any UFT member who has tuned into an executive board meeting, DA, town hall, or simply checked their non-DOE email, has heard/seen the propaganda. ‘If we don’t organize to amend City Administrative Code 12-126,’ they say, ‘we will lose both (a) our premium-free healthcare and (b) our right to ‘collectively bargain’ (particularly for more expensive ‘pay up plans’).’ There’s been a lot written about how this is misinformation already – and not just from your usual UFT bloggers, but also from the many official unions, such as PSC, who disagree with Mulgrew’s narrative.

Point A (premiums) is likely the most outlandish argument, given the code literally protects us from paying premiums up to the HIP benchmark. Point B–that somehow Lyle Frank’s original decision took away decades of collective bargaining rights from the UFT–has been a stranger, more nebulous argument to debunk because it’s so out of left field. To be clear, it is not true. I can point to various passages, but one of my favorite is here: “The respondent was well within its right to work with the Municipal Labor Council to change how retirees get their health insurance. As the municipal labor unions are the entities that enter into collective bargaining agreements, those unions, through the umbrella Municipal Labor Council may amend those agreements….” Call me crazy, but I’m just not seeing the judge taking away collective bargaining rights here. Indeed, a 1992 agreement not even directly referenced in this case, sets in stone that the City and MLC must negotiate all healthcare changes.

So, why is UFT leadership announcing to the world–and therefore to the City–that they believe the City can do whatever it wants with our healthcare? Something tells me it has something to do with the $600 million in annual healthcare savings that UFT leadership tricked us into ratifying in our last ‘no giveback’ contract. We ostensibly can’t pay the debt without changing the administrative code and ushering in healthcare givebacks. And since the City Council likely won’t do that and betray municipal workers and retirees, the UFT needs a plan B to pay up. Telling the City they believe there is now a legal precedent that they can do whatever they want with our healthcare is one way of doing that. This move scapegoats the City (and opposition) for the healthcare changes, and obscures the reality that the MLC is signing off on the givebacks. However, some of these changes–such as issuing premiums to in-service workers–would likely fail in court on the basis of City Administrative Code 12-126, so a bit more analysis is needed, specifically on these two final questions:

(1) Why would the UFT let the City force retires onto MAP without the option of paying to opt back into traditional Medicare?

Spite doesn’t seem like a good enough answer here. If the City/MLC actually go through with this, my best bet is it has something to do with anxiety over their MAP plan failing if too many retirees opt out. If all municipal retirees were on the same MAP plan, they might think it less likely that doctors choose to opt out of taking it. After all, Mulgrew is always saying that our biggest strength is the sheer number of people in our contract. ‘What healthcare provider doesn’t want the city workers contract?’ Under that logic, if too many retirees opt out of MAP, it weakens Mulgrew’s ‘bargaining’ ability. Would the MLC completely kill traditional Medicare for this reason? It remains to be seen, but that’s the only reason why I can see Mulgrew making the threat.

(2) How could the City give in-service employees health-care premiums, when we’re protected from them up to the HIP benchmark?

The answer to this question is trickier, in part because a lawsuit filed by grassroots ‘in-service’ advocates, would surely prevail here —- unless something big changed. Our benchmark protects us up to the HIP rate. But what if there was no HIP? If something big were to happen over at Emblem, the administrative code could theoretically become moot. This possibility must be considered, especially in the midst of a new RFP for in-service healthcare (which could be construed as a signal by the MLC that they plan on hiring someone other than Emblem). The course of events required is hopefully unlikely, especially in the short term, but the results for our healthcare (both in-service and retired) could be catastrophic.

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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