Tuesday, May 02, 2017

UFT EXEC BD RESOLUTION ON FRIEDRICHS SEQUEL

The son of Friedrichs called Janus vs AFSCME is on its way to the US Supreme Court. It does not look too promising for the unions to continue to be able to collect fees from non members (agency fees).

The UFT has an Executive Board resolution on Janus. They are not waiting for the next meeting to present this. They want it voted on today.

Here it is.


This resolution was approved at Adcom on April 28th

Resolution Regarding the Janus v. AFSCME Case

WHEREAS, the U.S. Supreme Court will consider the case of Janus v. American Federation of State, County and Municipal Employees in the fall of 2017; and

WHEREAS, the plaintiffs in the case charge that the fair-share fees collected by public-sector unions collect from workers who don’t become members are a violation of the dissenting workers’ First Amendment rights; and

WHEREAS, this challenges federal case law set nearly 40 years ago when in 1977 the Supreme Court unanimously ruled in Abood v. the Detroit Board of Education that although public school teachers cannot be required to join a union or to contribute to the union’s political expenditures, they can be required to pay their fair share of the costs that the union incurs in negotiating and administering an agreement on behalf of all teachers; and

WHEREAS, this case and its dangers are substantively similar to the case of Friedrichs v. California Teachers Association, for which a lower court ruling in favor of the defendants only prevailed due to a vacancy on the Supreme Court; and

WHEREAS, the Janus plaintiffs have followed the same legal strategy as the Friedrichs plaintiffs; and

WHEREAS, newly-confirmed Supreme Court Justice Neil Gorsuch is likely to side with the four justices who were willing to rule with the plaintiffs in Friedrichs; and

WHEREAS, a court decision in favor of the Janus plaintiffs could effectively prevent school districts from collecting so-called “agency fees” from nonunion members represented by teachers unions and would likely extend to all other public-sector unions as well; and

WHEREAS, this means that although public-sector unions would still be obligated to represent all members of their bargaining units, they would no longer be assured of receiving fees to compensate them for the costs of representing nonmembers, which could deeply undercut the unions’ financial viability; and

WHEREAS, the Janus case is driven by the same movement that has been working for at least two decades to undermine labor unions so as to reduce their influence on politics and public policy on behalf of teachers and other working people; therefore be it

RESOLVED, that the United Federation of Teachers will continue to educate our members about this case that could put an unjust financial burden on public-sector unions and cause great harm to the influence of the labor movement; and be it further

RESOLVED, that the UFT will support our AFT and NYSUT affiliates as well as other unions in their efforts to oppose an anti-worker ruling from the Supreme Court on this case; and be it further

RESOLVED, that the UFT will mobilize our members in protest of this union-busting campaign.

46 comments:

JR said...

Due to the absence of the UFT for pretty much my whole career, the ATR abuse, the general teacher abuse, the fact that ATRs will now be placed without any choice, force placed, even though Farina said no forced placement, lack of discipline code, lack of protection, increasing dues nonstopped in the face of no raise for a decade, 4 year phase in of 8% raise, retro withheld for 11 years with no interest, 1% per year raises over a 7 year period, zero plus zero in 2011 and 2012, dues being nearly $60 per check, open market being a sham, losing 1.25% in TDA and never getting it reinstated even though we are no longer in financial peril, i could go on...Thanks but no thanks...This union has abused us for too long, but keep going all over the country making huge salaries, for free, and ignoring all teachers, while saying its never been better for teachers...While i get cursed and threatened, and get told im lucky to have a job...

Anonymous said...

James, what do they want resolved? That we will educate people about union busting?

Anonymous said...

I'm with JR, its day in and day out torture, and things are getting worse. It's too late. Let it be no uft and 5 years and out for everybody. At this point it's coming anyway. They have the nerve to gloat about a 10% raise over 7 years and act like we got some type of windfall, like we are getting every penny of retro, not exactly. Mulgrew makes $300K plus expenses, sickening.

Anonymous said...

Meanwhile kids are bringing loaded guns into schools, while deblasio says these kids are all angels, and we are criminalizing them, as if they arent doing it to themselves. So my should be on the line because I had the nerve to go to work? Dangerous neighborhoods, violent students with criminal backgrounds, cell phones everywhere, students wont do an ounce of work, teachers being recorded, principals going wild, uft silent.

Anonymous said...

So am I to assume thata none of the above teachers will be staying in the UFT? Good luck in the next election MORE.

Anonymous said...

Go ask Portleos for the list of Uft workets and their salaries. It will make you vomit. And then when we call them, with a valid issue...Sorry, too bad, we cant grieve. But its clear in the contract. Nah, sorry. But how much is rent on 52 Broadway? On Adams Street? A fortune. Why cant i work in the borough i live in? Too bad, open market only. But i get ignored. Too bad. But they dont even interview me, and my record is spotless. Too bad. So i have to spend 4 hours in a car or 5 hours on public transportation, pay toll, gas, traffic, no parking, and it violates the hardship clause...Nope, wont grieve.

Anonymous said...

They know the 77% that voted for the contract will opt out of the contract, which is why they refinanced 52 Broadway. I will opt out as well.

Anonymous said...

Just call an end to opposition because the opposition will not be in the union next year at this time.

John said...

Same question as above. The resolution means what? Seems it only says to educate others. Looking ahead, if we opt to not pay dues, what would the individual lose?

Anonymous said...

And dont forget there is a new atr agreement...An agreement not a single atr agreed to...But thats our problem.

Anonymous said...

Their resolutions mean nothing - paper tigers.

Anonymous said...

This is the age of populist discontent. The resolution will only appeal to the already converted. A strong union is imperative, but the leadership doesn't seem to have a clue. Before his shop was unionized, my grandfather asked for a religious holiday off. The supervisor said. "If you don't come in that day, don't bother to come in the next day." With a family to take care of, my grandfather went to work. He died from emphysema. Never a smoker, he probably developed it from the fumes in the garage. On a lot of levels we need a union-I think we all know this. But the UFT/AFT is foolish to think that a resolution is enough.

Like I pointed out before, the leadership is at or near retirement age-these changes may not affect them.

Anonymous said...

The resolution is just B.S., it means absolutely nothing. The Supreme Court is untouchable, unreachable, and unresponsive to anything but their own personal views.

Our union will be absolutely devastated because they sold too many of us out. I've had quite enough of paying to be abused and ignored. The union will hear our anger finally, when dues no long trickle in.

Anonymous said...

I am flabbergasted and sickened by our union. A dear colleague and friend worked for 28 years and when she died of breast cancer her family was cheated out of her 54k in "retro." She paid into the UFT every paycheck, but they sold her out.

PLEASE IMAGINE WHAT SHE FELT! Knowing she was going to die and lose that money she earned with some of her last years on this planet! She left this world absolutely cheated by the people she paid to protect her.

I would be absolutely remiss if I paid one dime into the UFT more than I am forced to.

Anonymous said...

A ruling in favor of the plaintiff would be the best thing ever to happen to the UFT. This once proud and respected union has been HIJACKED by a bunch of self-serving bureaucrats who are completely corrupt and in bed with those who are supposed to be their adversaries.
Let them EARN my dues by serving NYC teachers and for that they will have to do a complete 180. Stop being such PHONIES and help the teaching force.
And that sawdust -for- brains Mulgrew, who isn't worth a nickel, should have his salary slashed in half.

Anonymous said...

Check twitter, minutes ago the "Uft Unity" is tweeting pics of deblasio speaking at a rally, who gave us the worst contract in uft history, and anti Ivanka Trump comments, saying something about healthcare. Didnt our healthcare costs GO UP last year, and probably will for the next several years due to billions of dollars of givebacks? Also badmouthing her about middle class? You mean middle class teachers you are waiting for $50,000 of retro from 2009 till 2020, with no interest, while inflation eats away at it? How did UFT UNITY and Mulgrew help me the last 20 years or with the worst contract in history? Or with way less than inflation raises?

Anonymous said...

I can't agree with JR anymore clearly. The Unity UFT doesn't deserve our dues. They sold us short for years. TDA is only 7% while administrators get 8.25%. Class Sizes have never been bigger. Where is the UFT? I can't wait for the Supreme Court to shut down the gravy train of union dues.

Anonymous said...

THE END IS NEAR! THE UFT DID THIS TO ITSELF! MULGREW HAS NO ONE TO BLAME BUT HIMSELF! MAYBE HE SHOULD HAVE TRIED TO PROTECT THE TEACHERS/SCHOOLS MORE

Anonymous said...

2 Observations and Parking Permit guy here. After 22 years of teaching all I still want is 2 observations and a parking permit. The UFT has made no attempt whatsoever at getting us these two simple things and have ignored all of my questions as to why they are not even fighting for these items. I am not sure if I am going to stop paying dues yet, but a huge part of me is considering it for sure. The UFT needs a big enema for sure. Starting from scratch might just be the way to go. Hey UFT, if you are reading this, you best not underestimate how many folks are going to drop out once we become a right to work state. You better start giving us a reason to keep paying dues.

Anonymous said...

Bring on this case. I'm JR. TO hell with Mullscrew and his fat cats at 52 Broadway. I will not pay a dime to you for all the reasons JR elaborated. I reiterate: F.U. Mulscrew!!!!!!!!!!!!

Anonymous said...

Enough is enough, I can't pay for something which offers me no services.

Anonymous said...

If we opt out, what happens to the individual? What would one lose?

Anonymous said...

Don't think for ONE SECOND the UFT has its members interests in mind. The only thing they're worried about is THEIR cushy jobs at UFT offices. That is the thing they will fight for.
And when UFT goes under altogether, they will be selling hours for pd to the dopey teachers still left on the job.

Anonymous said...

Mulgrew works for the NYC DOE, his sister gets 10's of millions in contracts, he married a woman he was F-ing in the classroom...and she has a job working for the UFT too!!!!

Screw this union!

Anonymous said...

Bye Felicia

Anonymous said...

i too can't wait until there is no union to protect you lousy teachers. Be careful what you wish for.

Anonymous said...

I think we just heard from Mulgrew:

Anonymous said...
i too can't wait until there is no union to protect you lousy teachers. Be careful what you wish for.

Tuesday, May 02, 2017 9:52:00 PM

Anonymous said...

I will take my chances

Anonymous said...

Mulgrew and Unity you are all a disgrace.

Anonymous said...

BEND OVER Meathead Mike, you're about to get the same shaft up your ass that you gave to the UFT membership.

Anonymous said...

Unity apologist here: You earn $1000,000 a year for 182 days work, with no deduction for health benefits and most don't pay much into pension. Keep complaining. 7% guaranteed interest on TDA. Who else gets that?

Anonymous said...

There are many abuses that come along with that. Its also how everything has gotten worse, with no improvements coming, while being ignored, while dues go up. Read all the complaints above.

Anonymous said...

Many teachers do not make $100,000. Many teachers have been denied tenure for frivolous reasons. Many teachers have been forced out before they were ready to leave and never made this money you speak of. There is rampant age discrimination that everyone is aware of and no one wants to publicly acknowledge. The most ironic thing is that our chancellor is 74 years old and working yet staff members with over 15 years of experience walk around with a Target on their back. If it did not happen to you, you surely know a teacher who was ousted before they were ready. Scores of teachers were treated unfairly and their pleas were ignored by the UFT. The UFT will have a very difficult time convincing teachers to pay dues.

waitingforsupport said...

So at 12:36 pm
Does this mean that I should tolerate being ignored, harassed and bullied? A high salary plus benefits=maltreatment by my employer and indifference from my union!? Why am I paying union dues again?

Anonymous said...

My colleagues all discussing how soon can they pull dues.

It may be a tsunami of loss of revenue for UFT. What will they cut first?

Anonymous said...

Serious question. Should this go forward and i dont want to pay...What would I lose?

Anonymous said...

I plan to continue paying my dues, the union has won me so many rights. I must however say that I see the faults with our union clearly. I don't know how the UFT will win back its membership, but it scared me how many people absolutely deplore our union.

I brought these comments up in the teacher's lounge today, the flood of anger and "anti-UFT-unionism" was breathtaking. I can't disagree with any of the arguments against paying dues to a blind, deaf, and dumb union, the arguments against the UFT far outweigh any in support of it. The union has only lost ground and let members down in the last decades. I can't seem to find a single win to dispute people with and by the time I walked out of the lounge, a dozen people had nearly convinced me to stop paying my dues, but they 100% convinced me the UFT is in huge trouble.

James Eterno said...

6:17: You lose nothing at first. Welfare fund is paid by city. Since UFT already negotiates like it has no leverage, hard to say down the road how contracts or enforcement would change.

James Eterno said...

I agree 7:39.

James Eterno said...

Pay and benefits are not bad but working conditions are awful in many schools. Abuse of teachers is out of control in schools all over the city. Evaluation system is awful. Class size is too high, principals act like dictators in way too many places. Lots of kids don't respect us and can get away with it. Yes I am grateful for what union got us but watching them throw so much of it away angers me.

Anonymous said...

I foresee lots of jobs at uft offices being eliminated.

Anonymous said...

Does anyone know if you leave the union do you not receive the death benefit?

Anonymous said...

City gives benefits not union..

Anonymous said...

"Go ask Portleos for the list of Uft workets and their salaries." Are you an idiot? You think Portelos gathered this information when anyone can look up am LM-2 report which the union has to file every year? If you think you have to ask Portelos for that information you deserve the UFT you got. James says right on this blog
UFT Reports Filed With Labor Deparment
Each year our union is required, by law, to file several financial reports. The form, called an LM-2. Here is one https://morecaucusnyc.files.wordpress.com/2016/09/uft-lm2-2015.pdf

Anonymous said...

Anon May 2 @5:45: MORE encourages involvement with the union. I think they will continue to grow. Unity encourages apathy (shut up and take the 1% raises and the abuse) Teachers who were against the contract will continue to support MORE. Teachers who wanted the 1% raises will also look to save over $100 per month and stop paying dues. Janus is more of a threat to Unity than MORE. Roseanne McCosh

Dude said...

Did I write this?