Thursday, October 15, 2015


The Unity Caucus is Michael Mulgrew's faction of the UFT.  They are the majority political party in the union.  At the first Delegate Assembly of the 2015-16 school year Unity proved beyond the shadow of any doubt that making cheap political points is more important to them than helping UFT members in need when they voted down a resolution that would have provided loans for members on unpaid leave up to the amount of retroactive money someone is owed in 2015.

The main rival political group in the union is called MORE which stands for the Movement of Rank and File Educators (full disclosure: ICE supports MORE and I am a ICE-MORE member). MORE will run together in a coalition with another established opposition group called New Action Caucus to challenge Mulgrew-Unity in the 2016 general UFT election.

When MORE leader Jia Lee rose last night at the Delegate Assembly (the highest policy making body in the UFT) to raise a motion for the UFT to find a way to provide interest free loans to members in need who are on unpaid restoration of health, maternity or child care leaves, Unity decided they would rather score extremely cheap political points and voted against helping their own members in need.

There is a loophole in the 2014 contract that says someone has to be "continuously employed" to receive the retroactive money from 2009-2011 that other city workers received in those years that UFT members will receive piecemeal between now and 2020.  Our employer, the Department of Educations-City of New York, interprets continuously employed to mean on payroll.

Our friend John Elfrank, longtime Chapter Leader of Murry Bergtraum High School, is recovering from surgery and on unpaid leave.  He came to MORE and told us that it is unconscionable that because someone is on an unpaid leave that they should be told they have to wait for at least two years for the next payout date in 2017 to get retroactive money they worked for from 2009-11.  John is taking this up with the Federal Equal Employment Opportunity Commission after being denied money from the Department of Education and denied support from the UFT.  He asked MORE's leadership if we would write something for the union to loan people on unpaid leave their retro.

MORE's Steering Committee said yes and asked me to write something up. I had help and inspiration from MORE's Mike Schirtzer, Julie Cavanagh, and Jia Lee along with Elfrank and we wrote the following resolution for the DA.

DA Resolution on Immediate Retroactive Money for UFT Members on Unpaid Leave for Maternity, Child Care and/or Restoration of Health
October 14, 2015

WHEREAS, the United Federation of Teachers has a long history of supporting members in need, and

WHEREAS, the 2014 contract did not cover members on unpaid leave for lump sum payments stemming from the 2009-2011 round (arrears) until they are back on payroll or retire, and

WHEREAS, the City of New York ended the 2015 fiscal year with a $5.9 billion surplus, and

WHEREAS, the first 12.5% of the arrears is scheduled to be paid on October 15, 2015, and

WHEREAS, many of our sisters and brothers on unpaid leaves who will not be receiving the arrears for at least two years are having financial hardships as they are not on payroll, be it therefore

RESOLVED, that the union will immediately petition the city to make no interest loans available to UFT members on unpaid leaves who are not receiving their arrears, and be it further

RESOLVED, that if the city refuses to make these loans available, that the UFT will provide immediate, interest free loans to any member on unpaid leave who applies for one up to the amount of arrears the member on unpaid leave is owed as of October 1, 2015, and be it further

RESOLVED, that if the city refuses to make these loans available and the union does not have the means to provide the loans, the Union will arrange with Amalgamated Bank or another labor friendly institution to make low interest loans available to UFT members on unpaid leave who are not receiving their arrears and the UFT, not the borrowers, will pay the interest.

People in MORE made some edits and we thought this would be something that would be passed as a humanitarian gesture for mothers or fathers on childcare leaves and members who are on restoration of health leaves. MORE leader Jia Lee, a mother herself, who is Chapter Leader from the Earth School, agreed to raise the resolution at the October DA.

At the DA meeting, President Michael Mulgrew filibustered for about an hour and a half talking about how wonderful our schools are and how great the union is to have gotten us the retro money (see previous post). He talked so much there was not time for much else. The DA did vote to extend the meeting for ten minutes to have a new motion period.

Jia rose to present the MORE motion for next month's agenda.  DA rules require that a majority approve for it to go on next month's agenda.  Delegate Mary Ahern raised an objection saying this rule violates Robert's Rules of Order.  That is a discussion for another post.

Then a member of the majority Unity Caucus rose to make a point of information asking if MORE was violating Robert's Rules because the resolution was printed on a MORE handout and advertised for MORE on the back of the paper. It also didn't have anything noting that it came from a union printer. The union's parliamentarian said these issues were not covered in Robert's Rules of Order so Jia was able to continue.

She talked about John Elfrank's illness and mothers in her school who could all use the money that they already worked for.  She noted the city's $5.9 billion surplus and how the resolution was crafted in a way so these would be loans. (The loans would be secured as the member's future retro could be collateral.)  She cited Mulgrew who previously said that medical distress should not mean financial distress.

This resolution is a no-brainer if ever there was one.  If the city says no, then the union would loan the money to members on unpaid leave who need it.  If the UFT doesn't have the funds, they would secure them from a labor friendly bank and pay the interest.

Unfortunately, the Unity majority would have none of this.  The Queens UFT maternity liaison rose to speak against the resolution.  She gave a cold-hearted speech that was booed once saying she tells mothers who are going on childcare leave they must consider their situation when taking such a leave.  They are making a choice but they will be made whole on retroactive money from a magical chest that will open again in two years.  (She didn't bother to talk about those on medical leave.)  She concluded by saying she didn't want the union to be involved in making loans.

For political reasons, the Unity majority, who all sign an oath saying they will support caucus positions in public and union forums, voted down the resolution easily.  There is sufficient patronage in all expense paid trips to conventions, after-school and full time union jobs that virtually all go to Unity members to keep them in line. They weren't going to go against their in house maternity expert.

There were many new Delegates who attended yesterday's meeting who will probably never return. Some came to Jia afterwards and told her they couldn't believe the union would turn down loaning money to members in need.  I wasn't at all surprised because caucus loyalty trumps good policy in the UFT all the time.  The union could not let an opposition leader get credit for sponsoring something this important.

Those Delegates probably will never come back but they should.


Anonymous said...

This is a reminder to all the members of the "family leave" deal that Mulgrew and his sister made with the DoE. I guess since we are only union brothers and sisters, but not in the Mulgrew bloodline, you get nothing if you get a devastating disease.

Each passing day, when I read the latest blog about the union leadership and their questionable decisions, it confirms and cements how cruel, insensitive and uncaring they are with respect to our colleagues who ended up in some health situation, no fault of their own, or decide to take a family leave.

We need a new leader at the helm that is there for the members' sake and to build a stronger union that's for ALL members not just for the cronys or those in the circle of nepotism.

Chaz said...

Does continuously mean that people who took unpaid leave during part of the 2009 and 2010 period will get no money? Or just lose retro for the time they were on unpaid leave?

It seems Mulgrew didn't really address the issue.

James Eterno said...

My understanding is they should get the payments but who knows? Our friends at city hall don't seem to want to be of much assistance.

Anonymous said...

So, I've been a regularly appointed teacher since 20014. I had a LODI (approved) back in January 2013 that put me out through June, 2013. After surgery and 33 physical therapy sessions later, I returned full time in September, 2013.

I did not get any retroactive pay in my 10/15 account. Do you think that is why?

Anonymous said...

correction to my last piece... should read- "since 2004." Thank you.

James Eterno said...

Sorry about the LODI. Glad you are back. You must fill out the UFT inquiry form.