Archives For UFT Contract Negotiations

NEW UFT CONTRACT: RETRO DELAYED = RETRO DENIED WHILE ABSENT TEACHER RESERVES HAVE TENURE WEAKENED

By James Eterno

Four members of the Movement of Rank and File Educators (MORE) sat through a propaganda love fest this afternoon as UFT Chief Financial Officer Dave Hickey, Staff Director Leroy Barr and then President Michael Mulgrew explained our new contract to rousing applause from the Unity/New Action faithful on the negotiating committee. Now that the contract is done there is no need to be confidential.

I asked the President to show us a copy of the Memorandum of Agreement but there was none.  However, the UFT machine is spinning faster than any Wascomat washing machine.

UFT members in the new contract will get the 4 % + 4% salary increases that other city workers unions received back in 2009 and 2010, but we won’t see the money until 2015-2020.

For the seven years from 2011 to 2018, where the UFT will set the pattern for raises that other city unions will now follow, we will be getting a total of 10% in raises for seven years plus a $1,000 signing bonus.  That works out to less than 1.5% per year.

Specifically, this is how the CFO crunched the numbers:

2009-2010 = 4% raise
2010-2011 = 4% raise
2011-2012 = 0% raise but we will get a $1,000 signing bonus if we ratify the contract.
Nov 2012- April 2013 = 0% raise
May 1, 2013 = 1% raise
May 1, 2014 = 1% raise
May 1, 2015 = 1% raise
May 1, 2016 = 1% raise
May 1, 2017 = 2.5% raise
May 1, 2018 = 3.0% raise
Total: 18% (compounded it will be a little more)

For those of you expecting to go back in the fall and at least have the 4%+4% added to your pay, forget it.

The 4 % + 4% that other unions received in 2009-10 will not be added to our salary schedules until the increases kick in one year at a time starting in 2015.  Here is how the 8% will be added in:

May 1, 2015 = 2%
May 1, 2016 = 2%
May 1, 2017 = 2%
May 1, 2018 = 2%

All we get added to our salaries now if we ratify is 1% for 2013 followed by 1% for 2014 and the $1,000 bonus.

The 8% won’t be added to our salary schedule fully until 2018 and the retroactive money the city owes us since 2009 won’t be coming soon either.  Here is the schedule for the retroactive payments:

October 1, 2015- 12.5% lump sum
October 1, 2016 – Nothing
October 1, 2017 – 12.5% lump sum
October 1, 2018 – 25% lump sum
October 1, 2019 – 25% lump sum
October 1, 2020 – 25% lump sum

We will not be made “whole” for Bloomberg denying us the raises that other city unions got 5 years ago until 2020.

Retro delayed is really Retro denied!

Anyone who Retires Before July 1, 2015 Wins Big
The winners in this deal are anyone who retired from 2009 through now and anyone else who retires between July 1, 2014 and June 30, 2015.  They will get all of their retro pay calculated and get it at once.  People who already retired will have their pensions recalculated as well as receiving retro payments for the time they worked.

Anyone who retires July 1, 2015 or after will get the deferred payments the same way as active personnel and will be waiting until 2020 to be made “whole”.

Only people who resigned or were terminated won’t get retro.

Top salary now $100,049 will crawl up to $119,565 by May of 2018.

President Mulgrew arrived at around 5:20 pm after hanging around at the mayor’s press conference and here are some of the other details he let out.

Some union had to settle first and it was us.

Here is a breakdown of some of the non-economic issues.

Evaluations:
We will go down from being rated on 22 Danielson components to 8.  (No word on the number of observations.)  Artifacts are out.

On Measures of Students Learning if we want, we will only be graded based on students we teach.

Paperwork:
The DOE and UFT agreed to set up (yet another) Committee on excessive paperwork.  This one will be half UFT and half DOE with a mediator.  Cases can also be taken to arbitration.

Extended Time
No additional time added to the day. The extended time, faculty, grade/department conferences, open school night time will be reconfigured.  We will work two extra open school evenings which will go from 2.5 to 3 hours.

There will be a default schedule on how to use the extended time each week and preapproved School Based Options.

Multi session, District 75 and 79 schools will keep their current time schedules.

Curriculum
Each core subject will have a curriculum that we must use.  Unit plans will be no longer than a page.

Merit Pay
There will be a career ladder i.e. merit pay.
Ambassador teachers will earn $7,500 more to visit other schools.
Model teachers will earn $7,500 more to be model teachers at their own schools.
Master teachers will earn $20,000 to help other teachers.

PROSE Innovative Schools
Schools can opt in with a 65% vote to cancel major parts of the contract.  This can be up to 200 schools.

ATRs
Absent Teacher Reserves must show up for interviews.  ATRs will sent to vacancies in schools.  There will be no termination for time in the ATR pool but there is an offer of a severance package.

If two principals document unprofessional behavior, the documentation can be used for a special 3020A process just for ATRS.  This will not be for performance and it will be a one day hearing which could lead to termination.

Schools will be forgiven for ATR salaries.

Bonus
$5,000 will go to teachers who go to a hard to staff school.

Healthcare
There is a healthcare cost savings plan from the Municipal Labor Committee that must be approved. (We don’t know how the cost savings will be achieved but we will keep our basic plans for free.)

Validators
For teachers rated ineffective, the validators sent in the second year to validate an ineffective rating will now be educators: teachers and administrators.

Where is the Memorandum of Agreement?
I asked the president when we would be seeing the full Memorandum of Agreement in writing.  He said he didn’t know but Staff Director Leroy Barr said it would be out soon.  Mulgrew asked for a motion to recommend the contract for approval.  I abstained as I would never vote on something I haven’t seen.  The Unity faithful followed their caucus obligatons and all voted in the affirmative while the New Action people went along with Unity too.  The other MORE members abstained silently during the vote but I screamed out for my abstention to be counted.

VERY BRIEF ANALYSIS
I leave it to you to decide what we should do.  I tried to keep the adjectives to a minimum in this piece and just report what was said.

We couldn’t lose on the 4% + 4% because of pattern bargaining (one city union settles on a percentage salary increase and all the unions follow that pattern) but allowing the city stretch it out so that money we were owed since 2009 won’t be fully paid back until 2020 really lets the city off the hook.

As for setting the pattern of 10% over 7 years, this is an abysmally low pattern to establish (we did better monetarily under the anti union Mayors Bloomberg and Guilliani).  I can understand why other labor unions in the city are angry with Mulgrew, particularly when it is considered how much surplus revenue the city has.  We should have been able to achieve non monetary gains for loaning the city our money and setting a very low pattern but instead we surrendered as usual.

The devil will be in the details on the ATR agreement but I see this contract as a real missed opportunity.  Here’s hoping the members will ignore the Unity spin cycle and see through it.

This is our list of demands that the UFT ought to be mobilizing the rank and file to fight for:

Please find the flier for distribution here and an explanation of the process for ratifying a new contract here

  • Improve Our Students’ Learning Conditions: Funding must be made available for Creative Arts (Music, Art, Drama, Digital Arts), Physical Education, Technology, Social Studies, English Language Arts, Science, Math, and electives. Every school shall be equipped with working computers, interactive boards, internet, heat, air conditioning, and have a fully staffed library and media center. Class size limits should be reduced by at least 10%, with no exceptions. Research has proven that students learn better with individualized attention.

  • Pay Raises: They reflect the importance of the work teachers do, & include full retroactive pay consistent with pattern bargaining. We shall receive 4% retroactive back-pay for the 2008/09 and 2009/10 rounds as other NYC municipal workers did, as well as a 3% raise in each subsequent year to adjust for inflation and cost of living. The money IS in the DOE budget!

  • Teacher Evaluation: With its unscientific use of test scores, increased testing, and additional paperwork, the new evaluation system is a disaster. This contract shall eliminate the use of test scores for teacher evaluations and reduce the amount of evaluation paperwork.

  • Due Process: Restore the principle of innocent until proven guilty in all reassignments with faster and fairer investigations in 3020-a hearings.  An independent arbitrator jointly selected and paid for by the DOE and UFT shall  judge all grievances and removals.

  • Equity for All Students: All schools and students should receive the same amount of services and resources regardless of the socio-economic class of the neighborhood. Public schools should not be funded by outside sources such as corporations. We must support schools in high poverty neighborhoods in order to equalize some of the advantages enjoyed by students with more financial resources. Every school shall be fully staffed with a nurse, a social worker, services available to parents, as well as afterschool and weekend programs. Each child, regardless of economic status, must be offered free breakfast, lunch, and dinner.

  • Fair Student Assessment: Standardized tests should be only one tool used for assessing student learning and growth. Portfolios, written assignments, verbal presentations, digital presentations, and projects shall all be available options.

  • Salary Equity: Teachers at the bottom of the pay scale are being paid substantially less than veteran teachers. This gap is being used against senior teachers. There shall be additional pay increases for new teachers to close this tremendous difference, without an effect on the raises of veteran teachers.

  • Right to Grieve Letters in the File and Ratings: All employees shall have the right to respond to accusations and demonstrate that they are inaccurate or unfair. Disciplinary red flags in files of active teachers who were not terminated in 3020-a hearings must be eliminated.

  • Initiatives: Too many new mandates flood our schools each year.  When any new, significant education policy is agreed upon for implementation in classrooms, it shall be limited to one per academic year, be administered with a minimum of two years professional development, and be continuously reviewed by a jointly agreed upon panel of experts for effectiveness.

  • Revise the “Fair Student Funding” Formula: The DOE shall return to the system in which each school’s budget was charged the same, fixed amount per teacher. The current system incentivizes principals to hire inexperienced teachers. We must restore the right of an educator to transfer on the basis of seniority or to further integration.

  • Changes in Hiring/ATRs: Due to the lack of educators of color, students of color are implicitly taught not to identify members of their community with intellectual growth. We must stop and reverse the disproportionate disappearance of Black and Latino/a educators from the City school system. NO new hires shall be made, including Teach for America, Teaching Fellows, or any other exceptions, until all excessed staff from the ATR pool are permanently assigned to any available position they choose.

  • Workload for Special Educators: Assign professional educators working with special education students reasonable caseloads that will allow for all mandated services and paperwork, including work in SESIS, to be completed during the work day. Educators working with special education students shall be able to safely report any inconsistencies between the mandated services included in a student IEP and the services that the student is actually receiving.

  • C-6 Assignments: These shall be restored to the system prior to 2005 in which the use of that time was decided on collaboratively between the UFT Chapter and the Principal, not unilaterally imposed by the administration.

  • Better Pay for PT’s, OT’s, and Paraprofessionals: Experienced OT’s and PT’s are paid 38 percent less than teachers and speech therapists with the same levels of education. Paraprofessionals, some of our most important members, are not paid enough to live in the same city as the children they care for. All their salaries shall be dramatically increased and they shall be offered the same job protections as teachers.

  • Academic Freedom: Educators shall be responsible for decisions regarding the methods and materials used for the instruction of students. Administrators and the DOE are not in classrooms on a daily basis, and so do not understand our students’ individual needs, yet they currently have nearly unchecked power to determine how we teach.

  • Caseload for Guidance Counselors: These professionals are increasingly being forced to take on an overwhelming number of additional responsibilities, which often means that students who need psychological counseling are not receiving it. Our schools need to be fully staffed with the professionals who provide direct college and career guidance as well as emotional support. 250:1 is the state recommended ratio, but as NYC needs are greater than average for the state, 200 students per counselor with at least one in every school is appropriate.

  • Education Leadership and Iron-Clad Contract Enforcement: The C-30 panel should have the final determination of any administrative hiring. We must demand that administrators’ behaviors are consistent with promoting a respectful working/learning environment. Any administrator that is found to be routinely violating the contract at their school shall be automatically removed and face charges for permanent removal.

  • Tenure: There shall be a clear, explicit path to tenure negotiated between UFT and DOE, stating what is expected from new faculty in order to receive it. All denials must include a written explanation and be eligible for appeal before an independent arbitrator.

Consistent with the democratic process, this platform is a living document. This is in no particular order, all demands are of equal importance to our members, UFT educators and the communities we serve.