Summary of Memorandum of Agreement

Contract period: May 31, 2003 through October 12, 2007 (4 years, 4 months, 12 days)

Salary Changes Applicability: Increases only apply to members on payroll on 9/12/2005. Retirees are included but anyone who left the payroll prior to 9/12/2005 would not be entitled to any retroactive salary.

Medical and Drug Coverage: The agreement incorporates all of the loss of benefits in our medical insurance and drug plans including the higher deductibles and co-pays.

School Day: Effective February 2006, in non Extended Time Schools, the school day will be increased, Monday through Thursday, by 37 ½ minutes per day following student dismissal for an extra small group instruction teaching class. Friday will be 6 hours and 20 minutes. Multi-session schools and District 75 (Special Ed) will have 6 hour and 50 minute days and it will be up to the principal to decide if there is space or scheduling limitations in order not to have a sixth teaching period.

Faculty and grade conferences: Stay as is. 16 forty minute periods will now be used for professional development. On a faculty or grade conference day the school day will be 7 hours and 37 ½ minutes long.

Professional Development Days: The three additional days, 2 before Labor Day and Brooklyn-Queens day in June will be 6 hours and 50 minutes.

Arbitration Days: No change in number of arbitrations which are still limited to 140 dates per year. Extra 37 ½ minute “small group” instruction at end of day is not subject to this limit.

School Year: Instruction starts on day after Labor Day.

Other Titles: Most other titles have their work day increased by 10 minutes per day and coincide with teacher schedule. Secretaries lose one 10 minute break per day.

Circular 6R (former professional period): Menu of activities include administrative duties. Hallway duty, cafeteria duty, AM bus and PM bus duty are some listed. Any dispute about the menu does not go through the grievance procedure but rather goes to the Chancellor and it is finally decided by the NYC Office of Labor Relations (City employees, not independent arbitrators) who will issue a final and binding decision.

Transfers and Excessing: Eliminates seniority transfers. Senior teachers will be required to be accepted by new principal in same way as other teachers. Final decision to hire is by principal. Excessed teachers can be placed as ATR (sub) in district or superintendency (region). (This provision is inartfully drawn and may be the subject of further disagreement) Provision permitting union input in staffing new or hard to staff schools has been eliminated except for creation of personnel committee. Teachers must be notified by June 15 if they are in danger of being excessed.

Material in the File: Eliminates right to file grievances for material in file including unsatisfactory observations. Eliminates right of arbitrator to conform letter to be fair and accurate. Not clear whether provision that the format of bulletin boards, arrangement of classroom furniture and the exact duration of lesson units applies to material in file. Provision only says that these “not be the basis for discipline of pedagogues.” Teachers won’t be able to grieve if administration disciplines you so this provision lacks a meaningful enforcement mechanism. Non-pedagogues clearly can be disciplined and letters can be used as long as they are not the basis. This provision is very poorly written.

Absent or Late Tenured Pedagogue: Expedites disciplinary procedures. Permits DOE to file notice for arbitration allowing arbitrator to exact any penalty short of termination. (Suspension, fine, loss of salary steps, anything). If employee has a medical defense you must sign a medical release to the DOE. This actually may be a violation of the State and City Human Rights Law. The arbitration is quick and not formal and is conclusive evidence at a subsequent termination hearing.

Sexual Offenses Involving Minors: Allows full suspension of tenured pedagogue if charged under criminal law or by the DOE’s Office of Special Investigations for “an act or acts constituting sexual misconduct.” Sexual misconduct is defined as conduct involving a student or any other minor (includes family members in divorce proceedings) that is sexual touching, serious or repeated verbal abuse of a sexual nature, actions that could be interpreted as soliciting a sexual relations, possession or use of illegal child pornography and anything else under the Penal Law that is considered criminal conduct against a student or other minor.

Remedy for Knowingly Giving a False Accusation: Back pay with interest. Files corrected. Student reassigned to another class.

Grievance procedure: Eliminates Step II (Superintendent’s level) grievances. Union, not the grievant, has sole power to appeal Step I grievance decision to the Chancellor within 15 days. Superintendent need not attend Step 3 conference. No requirement that principal attend in person.

Lead Teacher: Creates merit pay scheme to reward Chancellor chosen teachers through City-wide posting, who have only one half a day for teaching in elementary schools and 3 periods per day in secondary schools in addition to $10,000 per year bonus. In elementary schools lead teachers will be in pairs who will teach the one class together. Other parts of the day will be devoted to “professional support.” Lead teachers can be transferred anywhere in the City. Can return to old school if there is a vacancy or any school in district. Grievances go through Office of Labor Relations not the grievance procedure for selection of lead teachers.

Salary increases: (Not for everyone, check salary schedules)
· 2% effective December 1, 2003
· 3.5% effective December 1, 2004
· 5.5% effective November 1, 2005
· 3.25% effective October 1, 2006