Tuesday, June 21, 2016

ROTATING ATRS SHOULD NOT BE SUBJECT TO ONE DAY 3020A HEARINGS

Now that the UFT Contract has been placed on line, the section on Absent Teacher Reserves has been added to Article 17 B Rule 11 in a new Section A.

It seems the Department of Education and possibly the Union are interpreting the clause on ATR discipline to mean that an ATR in rotation can be subject to a rapid fire one day dismissal hearing based on problematic behavior even if the ATR was never assigned to a temporary provisional vacancy in their license area. Here is the language right from the contract:

 If, within a school year or consecutively across school years, an ATR has been removed from a temporary provisional assignment to a vacancy in his/her license area by two (2) different principals because of asserted problematic behavior, a neutral arbitrator from a panel of arbitrators jointly selected for this purpose (the panel presently consisting of Martin F. Scheinman, Howard Edelman and Mark Grossman) shall convene a §3020-a hearing as soon as possible. 

Based on the written documentation described above and such other documentary and/or witness evidence as the employer or the respondent may submit, the hearing officer shall determine whether the ATR has demonstrated a pattern of problematic behavior. For purposes of this program, problematic behavior means behavior that is inconsistent with the expectations established for professionals working in schools and a pattern of problematic behavior means two (2) or more instances in a vacancy in the ATR’s license area of problematic behavior within a school year or consecutively across school years. Hearings under this provision shall not exceed one full day absent a showing of good cause and the hearing officer shall issue a written decision within fifteen (15) days of the hearing date.

Since when is being on rotation being "in a vacancy in the ATR's license area...?"

If the DOE and NYSUT lawyers are rewriting the rules to go after ATRs, we must do what we can to stop it. This is an outrage. ATRs who are on rotation should get a full 3020a hearing. This provision is supposed to be for someone filling a temporary provisional vacancy within their license area.

22 comments:

Jonathan said...

"It seems the Department of Education and the Union are interpreting the clause on ATR discipline to mean that an ATR in rotation can be subject to a rapid fire one day dismissal hearing based on problematic behavior even if the ATR was never assigned to a temporary provisional vacancy in their license area."

Do you have direct knowledge of an instance? A bunch of them?

The contractual language seems clear....

James Eterno said...

I posted this only after I saw a letter from a NYSUT lawyer to an ATR on rotation who is being subjected to the problematic behavior clause 3020a one day hearing.

Francesco Portelos said...

We never heard of this being used. This must be one of the first cases.

Bronx Teacher said...

James, I'll reply but first need to get this flying gnat away.

Ok. Got it.

Can we double check on this? Perhaps NYSUT lawyer got it wrong, however we should track this case and see what happens.

From what I have heard principals have been reluctant to pull the problematic behavior chord. Much too much paperwork, etc....

Anonymous said...

I know of two ATRs who are going through this right now. This is one reason why this ATR agreement should be allowed to expire.

Anonymous said...

Principals are not pulling the problematic chord, ATR supervisors are. Two calls into them, some scrutiny and you're in a 3020a. There's no paperwork for the principal - the ATR supervisor coordinates all of it.

JR said...

Face it, its a dead end job filled with abuse from all angles and we got completely scammed in terms of the problematic clause, the raises, the retro. The whole thing, really...

Anonymous said...

Didn't we file a National Labor violation that UFT wasn't allowed to have different classes of members?

Anonymous said...

Who is their own right would want to work in a system filled with hatred and deceit. This is such bull shit and blatantly in your face but the DOE really needs to concern itself because Pret - we all know him by his first name by now - is already on it and this could blow up big time in the DOE's face. My suggestion to the DOE is to treat its members like family and stop the onslaught of making educators lives so miserable for no good reason as most all of our brothers and sisters are the finest educators in the world. This culture was brought to the DOE by non other than MIke Bloomberg the most dishonest human being in the world, the most corrupt mayor in the history of NYC yet this midget has never been investigated but we all know why...$....

Anonymous said...

I am the person it happened to - I told James - it is true and now I can't get any answers

Anonymous said...

I can't tell you how stressed I am bogus charges - incompetent and illiterate field assassins literally hunting me - writing me up for sitting down - and now I can't sleep and I am scared to death

Francesco Portelos said...

We've been trying to match up ATRs that have the same field assassins in hopes that they can push for joint collaborated actions against them.

Maybe you're not alone. Www.uftsolidarity.org/targetedATRs

Anonymous said...

Pay no mind to the little bald man with his empty promises. He's a false prophet and narcissist that make Trump look altruistic.

Anonymous said...

Maybe we should all go to one of the hearings that are public to express ourselves.

Anonymous said...

Does anyone have a definitive answer concerning the ATR agreement that ends next week?

Anonymous said...

Q: How in the world could the UFT allow a phrase such as "problematic behavior" into the negotiated contract as an acceptable cause for termination?

A: It's easy when you have an incompetent meathead like Michael Mulgrew to represent you.

YOUR DUES MONEY AT WORK

Anonymous said...

And what will we do? Nothing. Just keep going to work, getting abused at every turn, make, for NYC, a crappy salary, get hit with more medical costs upcoming, wait ANOTHER 4 plus years to get the retro from 7 years ago, sit through ridiculous and meaningless PD, get rated unfairly, not be allowed to use the toilet... Sounds right...

jr said...

Its ok, Teachers Choice is going up 25 bucks.

Anonymous said...

This is truly the issue. We just sit and take it.

Anonymous said...

I received a U for a letter in my file from a school on SI that many ATR's fear to go to because of the administration. I was never observed this year, nor did I know I had a particular FS this year, that is until my meeting for the letter. My previous FS was there for the meeting and last week she delivered a U. Because of the file letter. I was told you cannot grieve a file letter any more and wrote a rebuttal. Now I am appealing.

Liz Simpson said...

Tell us more, pretty please.

James Eterno said...

You can grieve a file letter so long as another contractual article was violated and the remedy can be to remove the letter from your file. For example, if one is charged with verbal abuse for violating Chancellor's Regulation A-421, Chancellor's regulations are covered under Article 20, Matters not Covered and could be grieved under that article.

Another example would be a teacher who is disciplined for attendance who only has 9 absences and gets a letter for file because of that. A grievance could be filed under Article 16.

We only cannot grieve the accuracy or fairness of file letters.