Friday, June 29, 2018

DON'T CUT OFF YOUR NOSE TO SPITE YOUR FACE BY ABANDONING UNION

In response to the Janus Supreme Court decision (the comment discussion is fascinating), the UFT put out a statement from President Michael Mulgrew that to me basically brushed off the decision as no big deal. He called the attack on us desperate. I would call it methodical and well planned. We are now a right to work country in the public sector where workers can refuse to join a union but still benefit from what the union does. 

The UFT also had an article with a sidebar what happens now piece. We are printing the what happens now part in full.

What happens now?
If you are a UFT member, you will remain a member. You’ll still receive all of the union benefits that you have paid for and enjoyed over the years.

If you paid agency fees, that arrangement ended with the U.S. Supreme Court ruling in the Janus case.

Nonmembers will still be covered by the specific terms of the collective bargaining agreements, but you will no longer receive or have access to these services offered by the union:
Certain free legal services
Free counseling
Free or discounted training or professional development
An attorney during 3020-a employee discipline procedures
Member discounts through the UFT, NYSUT and AFT

And you will not be able to participate in union elections, contract ratification votes or votes about school-based options.

What you lose is not exactly earth shattering unless you are in trouble but I would not recommend becoming a freerider if you are a UFT member.

Let's be real people contemplating not staying in the union. Here are three simple questions:

1- Do you honestly believe we would be earning from $56,711 to $119,472 without a union?

2-Do you seriously think we would have a $0 healthcare premium and a pension (albeit an inferior one under Andrew Cuomo's Tier 6) without a union?

3-Do you really believe we can improve future working conditions without the collective strength that a union provides?

Please check out this study from the Economic Policy Institute that shows the impact when unions can and then cannot collect  fair share fees from nonmembers.

Some findings:
  • Public-sector unions raise wages of public employees compared with similar nonunion public employees, which helps to narrow the private-public wage gap in those unionized sectors. The current public-employee union wage boost of 5 percent to 8 percent (Keefe 2013) is rather modest and considerably less than the boost that private-sector unions provide. Thus public employee unions, on average, do not raise wages to meet the wages paid to similar private-sector employees.
  • However, public-employee unions in full collective-bargaining states that permit union security (i.e., agency shop clauses) do raise total compensation to competitive market standards set by the private sector. In other words, only public employees in states with full collective bargaining make as much as their private-sector peers. In partial collective bargaining states, right-to-work states, and states that prohibit collective bargaining, public employees earn lower wages and compensation than comparable private sector employees, and this low compensation may impede state and local governments from recruiting and retaining highly skilled employees for their many professional and public safety occupations.


Further down the impact of right to work is explained:
The weakening of unions through encouraging free-riding follows from the logic of collective action, which states that an economically rational individual will seek to enjoy the collective benefits of the group without paying for them. This behavior becomes more likely as the group grows in size and peer pressure becomes a less-effective method of enforcement, meaning that large groups often fail without some other compliance methods. The logic of free-riding takes over and the group then lacks the resources to provide the collective goods to its members (Olson 1965). What the private-sector research shows is that right-to-work legislation encourages free-riding and therefore reduces the ability of unions to organize, to negotiate contracts, to maintain majority status, and to represent all members. Consequently, RTW not only has a negative impact on the unions that we observe, but also means that other unions do not exist—even where the majority of employees want representation.

As stated above, this is a well planned attack on all of us. Understand that. The answer for the UFT is not that complicated. They must end the leadership arrogance and start acting like a real union again that involves its members and doesn't treat us in many cases like we are underlings.

I would also like to address here the UFT's claim that we are all still in the union. I hope it is true, however Education Week has an interpretation that might be a little different in a piece called 7 Things to Know about the Supreme Court Decision that Just Slammed Teachers' Unions 

Two of those seven struck me:
2. The justices also ruled that unions cannot deduct fees from employees' paychecks without their express consent. This part of the decision goes beyond what most court watchers were expecting, and it deepens the blow to unions. In some states, teachers have just a limited window of time in which they can tell their union they want to drop their membership. That rule would have been challenged in court had the Janus decision not addressed it. But now, teachers will have to affirmatively opt into paying dues to the union.

Do we have to affirmatively opt in post Janus?

Finally, 7 gives me cause for real hope:
7. This ruling could make unions more responsive to their members. At least one analysis showed that when state unions lose the right to collect agency fees, representatives tend to do more outreach to teachers to convince them to join. Katharine Strunk, a professor of education policy at Michigan State University, said unions might now shift their policy priorities to better reflect what their members want. 

We have been calling for the UFT to be more responsive to its members, and not just go through the motions, for years. Imagine what it would be like to have a union that reflects what members want. New York is still a relatively union friendly state. Positive change will only happen if we all remain committed to a union. That means all of us.

58 comments:

joe said...

James, so do we have to opt in or as mulgrew said, if you were in you are still in...I am a teacher.

James Eterno said...

Mulgrew says you are still in. Decision seems to say otherwise. I don't know the answer. I am not a lawyer.

Anonymous said...

Here's the problem with all those commenters threatening to pull their dues unless we get a great contract:
What makes the union powerful is not just its money, but the sheer number of members. Politicians are less afraid of the UFT running ads than they are of the fact that there are so many of us who will vote on education issues and also tell our friends and family how to vote. When someone leaves the UFT, they're not just taking with them their money, but they're chipping away at the collective power of NYC teachers, paraprofessionals, counselors, secretaries, etc.

Yes, the city always tries to give us a shitty deal, but any sizable drop in membership is going to embolden them to give us an even shittier deal than they would have pushed before, and the UFT will have even less of a backbone than it has now.

That's the irony: people who pull their dues to force the union to be more responsive to members are, in effect, putting the union in a position where they won't have the power to be more responsive to their members if they wanted to.

James Eterno said...

I hope Mulgrew interpretation is correct.

James Eterno said...

Agree 11:10

Anonymous said...

I read it that agency fee payers have to opt in, but union members are still in because we already opted in when we first joined.

Anonymous said...

I never opted in when I joined in the 90s.

Anonymous said...

Even if 50% drop out they have close to 100 million coming in just in dues. They were expecting it - they mortgaged 52 Broadway for over a 150 million and are renting out space there as landlords. I didn’t opt in either, I actually said no because I kept getting bumped. It was done automatically for me.

Anonymous said...

So how would one opt out since it is optional...

Anonymous said...

I disagree 12:22. If 50% drop out, regardless of how much money is coming in, DOE is going to take us far less seriously than they do already and offer us the same raise DC37 got but with tons of givebacks.

Michael Fiorillo said...

I can't quite follow the logic of people who say they'll withhold dues - thus giving up union membership and any standing in discussion of union matters, as well as denying the union resources - until they get a good contract.

Can someone please explain how that is not utterly preposterous, both logically and in real life?

Anonymous said...

People are enraged at the UFT. Not logical but very real nonetheless. The UFT needs to reach out with something more that discounted movie tickets.

James Eterno said...

We filled in a union card to join the UFT. Otherwise, you were an agency fee payer up until Janus. When I was a chapter leader, the UFT annually sent me a printout of who was a member. I was very proud that 100% were in except when we had a fundamentalist Christian teacher who refused to join in spite of my attempts to persuade him. I still can't find the part of the bible where Jesus said not to join a union. I admit I was kind of pleased when this guy quit and the agency fee number was 0 again.

James Eterno said...

I understand the anger. Nobody has challenged Unity more than me.That said, how does leaving the union help us? It will make conditions worse unless you are organizing something better.

Anonymous said...

I’m not saying leave it - make them work for it. I’m an ATR. Place me as a teacher and give me representation, otherwise I will withhold my dues.

Anonymous said...

From unions, Next time someone gripes, "Why should I join the union and pay dues if I get whatever the union negotiates anyway?", point out that the stronger the union, the better the contract. Every non-member weakens the union's bargaining power - which is just what the bosses sought in pushing the Janus case.

Joel said...

Check you emails ladies and gentlemen... do we now have premiums for our health insurance??

Anonymous said...

The union should show they are more responsive by doing the following

1) an ATR chapter

2) DR’s back to being elected by chapter leaders.

Any other ideas out there

James Eterno said...

What leverage does UFT have to get Atrs placed 4:20? The ATR chapter you have a valid point with. However, if ATRs leave in droves, how will union be able to demand ATRs be placed when there would be so few who belong to union.

Anonymous said...

A temporary departure, perhaps. I’ve been an ATR for 5 years and paying dues. They haven’t done anything for us during that time other than refusing an ATR chapter and instituting discriminatory provisions in the 2014 contract. That was the coup de grace for me. It’s implementation and endorsement by the UFT was an endorsement of the media’s and the DOE’s vicious stereotypes. Mulgrew can kiss my royal Irish ass. - Jim

Anonymous said...

Here's an ironic point. ATRs leave the union in droves. The union gives the DOE what it wants. 6 months and out. If there are no ATRs in the union they can justify cutting them loose.

Anonymous said...

Good, then everyone gets to be an ATR.

Anonymous said...

That’s true. Every teacher would eventually be turned into an ATR if the UFT agreed to that. The UFT knows that and it’s the real reason they never agreed to it. Also it would be the complete delegitimization of the UFT and other municipal unions would fight it under the current NYS LIFO laws.

Anonymous said...

They just made 90 of us ATRs from Clinton HS. I’m totally sickened by the DOE and UFT passivity. I don’t know if I will continue to pay dues. I’ve seen the parade of ATRs through the years. Used to be a new one every week. There’s no way I’ll survive if.

Anonymous said...

UFT would not be happy if ATR's got fired. That is one less dues payer for them.

Anonymous said...

How do we opt out?

Anonymous said...

The UFT is happy ATRs get fired. A senior teacher gets fired...two young teachers are hired...UFT gets double the dues!

Anonymous said...

UFT won't be so happy about that anymore now that they need to sign up new teachers.

Anonymous said...

8:13

You do that and you are the victim of the Koch Brothers and the rest. The Koch Brothers hate the unions because the Koch Brothers hate you. You are a member not only of the union but the middle class as well. You leaving only helps them. Maybe not tomorrow but it puts you and your family in jeopardy forever.

Anonymous said...

The Koch Brothers should get paid by the UFT - they are their only selling point. Oh the feeeeear! Big Bad Mike Mulgrew will protect us all. Bloomberg made Mulgrew his bitch for three terms.

Anonymous said...

More scare tactics. I'm not buying it.

Bronx ATR said...

If thine nose offend thee cut it off, better to go noseless. I just read about a dog chained to metal fence for a decade. When its owner was arrested he said at least the dog was well fed. I immediately thought of the UFT and the ATR pool.

James Eterno said...

Then answer the 3 questions.

How do we get decent salary, benefits and working conditions without a union? Yes, UFT needs major repair but without a union, or with an even weaker one, how will our working lives improve?

James Eterno said...

Going noseless is not a viable option Bronx ATR. I ask again. If all of you leave, how will that improve the situation?

Bronx ATR said...

Well I'd prefer to throw them out, I no longer feel the nose analogy I used so long ago with the Fredrichs case is suitable. The UFT slammed our collectives noses in many a door, ranging from exclusion to a separate expedited dismissal process. I've recently used the anology of a bad marriage. I'd say a trial separation may be in order. We could set up a mediation through our own representatives to explain our concerns and give voice to our needs. This should have been done long ago with an ATR chapter - we have no representation - that was denied us as well. I would ask, if we all stay, how will that improve the situation? It hasn't in the entire time I've been an ATR. If anything things are worse. Fair student funding is creating many more veteran ATRs and keeping us from being hired. This was done with the UFT's full knowledge, acceptance and continued silence. I don't want to leave the union, I want to belong to one.

James Eterno said...

You are making some very valid points Bronx ATR. I agree with your frustrations. My questions:

1-How many ATRs were subjected to the expedited 3020a process? Nobody I know of and then the UFT let the 2014 ATR agreement sunset in 2016. They are capable of quietly letting a mistake die.

2-If thousands pull their dues, how will that give us any leverage with the city? To paraphrase your words, if we all go, how will that improve the situation?

I provided plenty of documentation to show that when right to work comes, workers leave unions and then workers and unions lose pay and benefits. Working conditions worsen.

What you are asking for is for teachers to pull dues but organize a sort of alternative union.I believe that would be unprecedented.

3-Might not a better alternative be to organize from the inside and not kill what already exists which is a potentially powerful structure if only it was used properly?

By the way this is a great discussion only taking place as far as I know here at ICEUFT blog.

Anonymous said...

Good morning, James,
1. I know of two ATRs that went through the 3020a process. One was completely exonerated and the other the one I don’t know what happened to him. I was told there were others that retired rather than lose their ‘retro’, but I don’t know if that true. I can understand a UFT mistake but not a discriminatory one against its own members.
2. The UFT claims hundreds of ATRs, not thousands. The question shouldn’t be if we all go ... we are all already gone. If I’m interpreting things correctly we’d have to now join the UFT. The UFT has been trying to entice us with movie discounts and fun cards - why not ask for something more meaningful?
I’ve always believed there should be a separate high school union, as there is such a huge disparity in almost all aspects to elementary schools. It would be unprecedented and the powerful UFT would kill it before it birth or during infancy.
3. It would be better to organize from within, and now Janus the doors are unlocked and wide open. We’re all on the streets in an unannounced fire drill. The UFT got the younger teachers to come in with paid parental leave but many of the rest are waiting outside. It’s a beautiful day.
Thanks, James - enjoyed this.

Anonymous said...

Sorry for all the typos, I’m bleary eyed and on my tiny phone. Cheers, Bronx ATR

Anonymous said...

Anyone think they'll lower union dues a bit? If it were less than $1500 friggin dollars a year then it would be more likely for people to pay it.

James Eterno said...

More likely they have to raise them if people leave.

James Eterno said...

I would like to respond to Bronx ATR. The discussion is truly enlightening and happening in no other forum that I can find.

Those ATRS brought up on 3020a charges, were they brought up under the expedited process that was created for 2 years by the 2014 contract? My understanding is that this was only for people on provisional assignments who were removed because of two documented cases of unprofessional conduct or something like that. UFT would not acquiesce to rotating atrs being brought up on charges under the expedited process and then the UFT let the provision expire in 2016 which we documented here. They let their mistake die.

On the issue of the high school teachers union, in a very neutral way we outlined what it would take to get a PERB vote to decertify the UFT and recertify a High School Teachers' Association (the spirit of Roger Parente and Sweet Sam Hochburg are alive). I told people it would take 30% of the proposed bargaining unit to get a petition to PERB to get this started. It was broken down so that 100 teachers would need to get 60 signatures each. I asked if there were 100 activists ready to get those 60 signatures. Less than 10 people came forward and said they would do the work. It would be foolish and irresponsible to call for that drive when there is so little support for doing the actual work. Not that I don't think that a union run by Camille Eterno, Jeff Kaufman, Bronx ATR and other high school friends could do much better than the UFT at protecting our rights.

We are now in a similar bind. People want to go on a dues strike until the UFT becomes a real union. Fair enough but what are people willing to do besides withholding dues? Are teachers willing to come out from behind the anonymity, identify yourselves and organize for what you want so that we are a real force within the union? Unprecedented yes. Without that real union effort, you are just weakening the union or as I said cutting off your nose to spite your face. Union power comes from our numbers, not from a strong leader. It comes from the ground.

Bronx ATR said...

Hi James, I'm off the phone, but still bleary eyed. The 2 ATRs that I knew that went through the 3020a process were not under the expedited provisions. Those provisions were an acquiescence nonetheless - it was done for the 2014 contract. It was a betrayal in that by enacting this it gave credence to the city's and media's stereotypes. That betrayal was always intended to sunset because it was a bargaining chip, that the UFT knew all along was wrong.

You are of course correct that a high school union is an unattainable goal. I was one of the ten that volunteered to get you the signatures.

I don't know if people are willing to do reveal themselves and/or work towards something better. I tried it and ran for office a few years ago. (I got less than two hundred votes and was happy that the MORE candidate won because he believed the same things I did and has since done a great job.) The thing with democracy is that when the fear is taken away and people really do get involved, it's chaos. The UFT has streamlined the democratic process by eleminating it. Everyone is frozen in fear and the UFT uses that fear to its advantage. What I'm trying to get at is, yes, people need to get involved and no, they probably won't. Most are frozen on the fence of paying or not paying and many are using venial self-interest to make that decision. A positive push from the UFT, in at least the form of our own chapter would get many ATRs off the fence.

Anonymous said...

If they raise dues then I'm out.

Anonymous said...

I too am not willing to pay more dues. If they charge more money because other people aren't paying dues, well, I'll just withhold mine too and let the rest of you losers pay for me too.

Anonymous said...

Personally, if that $1500 makes that much of a difference in your life, you have bigger problems the Janus decision. Even more reason to stick with the union, warts and all.

Anonymous said...

We’re all losers. In or out of the UFT.

Anonymous said...

All the more reason not to pay.

Anonymous said...

How do we opt out?

Anonymous said...

I saw this article about how the Massachusetts TA overcame fear, maybe some parts could be helpful. https://www.jacobinmag.com/2018/06/barbara-madeloni-edu-teachers-union-mta

Anonymous said...

Oh stop! No one is anybody's bitch. Instead of offending the president of your union, realize that the UFT is up against a very tough political establishment.

Anonymous said...

Tepid Mike is not up to the task. We were all Bloomberg’s bitches because of him and Randi.

Anonymous said...

Great article. It made me realize that the UFT wants a scared rank and file that is uninvolved and they have engineered it. Problem for them is they now have to sell their BS to that rank and file to get them to remain members.

Anonymous said...

Glad the article is up. Too bad the people who wrote it are too chickenshit to lead those of us ready to stand up and leave. Might as well be Mulgrew.

TJL said...

The way we will get salary, benefits, etc. post-forced dues is the same way everyone else does, which is by supply and demand.

What really does the Union accomplish for us? Yes we have a salary schedule, but there is nothing stopping admin from using Danielson to eliminate the better paid teachers, similar to how higher-paid "at-will" employees in the private sector are downsized.

The UFT right now operates the same way the Mafia used to in my old Staten Island neighborhood. Use fear and intimidation to extract a payment from unwilling (except for the fear) subjects. The Mafia claimed it offered "protection" just like the UFT does. Meanwhile the benefits (PD, etc.) I never use, the contracts I never vote for but are still shoved down my throat, SBO's I never vote for, Chapter Leader I don't vote for. What's the point?

ed notes online said...

On the dues going up issue:
At one time we had to vote on dues going up but Unity changed the constitution so that they are now automatically pegged to raises. So when the new contract is signed dues will go up automatically.
I've seen breakdowns on where dues go. A big chunk goes to the AFT and another to NYSUT. Then look at the salaries of the staff - the people who are supposed to be there for you. So many chapters are a vast wasteland under the thumb of the principal. The UFT leadership are waiting for you to do something when it should be using its major resources to support and build chapters -- if necessary hire part time people like James to go into schools and help. I would even do it for free to help save the union from below. In fact the union has already died in many schools - so the Janus decision only moves things along. They had years to try to fix the schools. Part of the deal they made with New Action in 2003 did include teaming up a new action and a Unity person to go into schools and counsel them. Randi agreed to that though I don't think it was as effective as some make it out to be -- but at least that was on the New Action radar so give them some credit but Mulgrew killed this deal which shows he is not interested.

Anonymous said...

To all the ATRs commenting that the UFT has never done anything for them and they're leaving; you do realize that you only have a job BECAUSE of the UFT? Anywhere else, you'd just be fired/excessed teachers. Do you think LI and Westchester schools keep teachers on the payroll when they're not working or when schools close down? You've been collecting a salary for X years and as ATR, and yes, it's stressful and not an ideal situation for someone who wants to be teaching, but your alternative is unemployment. ATRs, go ahead and leave the UFT and watch yourselves get fired. I'm sure you'll blame the UFT for that too.

Anonymous said...

If it wasn't for the union you wouldn't have a job. Remember Joel Klein. One year and out.

James Eterno said...

In 2005, UFT President Randi Weingarten set up the ATR problem by agreeing to end seniority and SBO transfers and turn hiring teachers over completely to principals in NYC. This patronage system has led us to the ATR problem.The alternative for ATRS is not unemployment, but placement in a school teaching. State law protects seniority. Pressure from the UFT, but also from many other unions, made changing the last in first out layoff system impossible, even though the state senate passed a bill that would have set that precedent for NYC teachers.

The UFT did join the fight against the change in the law and the Assembly wouldn't take up. However, to give the UFT overall credit when the UFT agreed to the ATR system in the first place is absurd. It's like saying someone agreed that innocent people could be stepped on and beaten repeatedly but drew the line that they cannot be murdered.