I just read the actual arbitrator's decision. This is the part I think most of you are interested in:
From the UFT:
Spring Break Arbitration Decision
Members will receive a “vacation day” for each day they worked during the 2020 Spring Break.
Vacation days can be used in any manner you deem fit. You can use them individually, or grouped together without fear of any disciplinary action.
Vacation days are to be granted.
The only time an administrator may refuse a vacation day is for a compelling reason. The arbitration clearly rules on what would NOT be a compelling reason:
- Other staff members have requested the same day. Vacation days must still be granted to a reasonable number of staff in seniority of those who requested.
- A staff member who is one of only a small number of employees in a given title or license cannot be denied a vacation day on that basis alone. But it could be relevant in terms of the timing of the vacation day (i.e., if the only physics teacher asked to use several vacation days in the week before the physics Regents
- The proximity of a requested vacation day to a holiday recess cannot by itself be a compelling reason for refusal
You must notify your principal 10 school days notice. Your principal will have 48 hours to notify you if there’s a compelling reason. If they don’t get back to you the vacation day is considered granted.
The arbitrator has also set out an expedited appeals process that UFT members can use if they believe the principal has denied a vacation day without a compelling reason. The DOE and the UFT will be notified of every denial. If the DOE and the UFT do not agree that there is a compelling reason, it will immediately go to expedited arbitration.
A vacation day is worth the full monetary value of a full workday. When you leave service or retire, vacation days will be exchanged at a rate of one vacation day for one full day. People can choose, therefore, between taking their vacation time or being paid at the end of their DOE career for each additional day they worked during that spring break.
The arbitrator has instructed the DOE to credit these vacation days to you effective Feb. 1.
Vacation days will be given for each day that you worked during the 2020 spring break. If you took religious observance days or time off during the break, you will only be given vacation days for the days you worked.
Mulgrew's email
Dear ________,
At this moment when we are dealing with so much at our schools, we have finally received a decision on our spring break arbitration. At a hearing before an independent arbitrator on Dec. 15, we argued that the full value of the days we worked over the 2020 spring break must be given to us and that CAR days — which the DOE gave members as compensation for four of those days — were unacceptable.
The arbitrator issued his decision today: Members will receive a vacation day — a brand-new type of day that UFT members have never had before — for each day they worked during the 2020 spring break.
The arbitrator ruled that a vacation day can be used on any workday of the school year. You may use a vacation day any way you wish, and you can take these days either one at a time or consecutively without fear of any disciplinary action.
Vacation days are to be granted. The only time an administrator may refuse the use of a vacation day is for a compelling reason.
The arbitrator set out these basic parameters concerning what would not constitute a compelling reason: |
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- If many staff request the same day, it cannot lead to a blanket refusal of all requests. Vacation days must still be granted to a reasonable number of staff in seniority order among those who requested it.
- A staff member who is one of only a small number of employees in a given title or license cannot be denied a vacation day on that basis alone. But it could be relevant in terms of the timing of the vacation day (i.e., if the only physics teacher asked to use several vacation days in the week before the physics Regents).
- The proximity of a requested vacation day to a holiday recess cannot by itself be a compelling reason for refusal.
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When you use a vacation day, you should let your principal know via email as soon as possible of your intention, but you must give at least 10 school days’ notice. Your principal will have 48 hours to notify you if they believe they have a compelling reason to deny you the day. If they don’t get back to you, the vacation day is considered granted.
The arbitrator has also set out an expedited appeals process that UFT members can use if they believe the principal has denied a vacation day without a compelling reason. The DOE and the UFT will be notified of every denial. If the DOE and the UFT do not agree that there is a compelling reason, it will immediately go to expedited arbitration.
A vacation day is worth the full monetary value of a full workday. When you leave service or retire, vacation days will be exchanged at a rate of one vacation day for one full day. People can choose, therefore, between taking their vacation time or being paid at the end of their DOE career for each additional day they worked during that spring break. |
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| How is a vacation day different from a CAR day? | | Definition of a CAR day: | - A CAR day is a bankable day that can be used as a sick day or a personal day.
- If you use a CAR day as a personal day, it can be subject to supervisory approval. You may need to provide documentation to support your use of a CAR day as a personal day.
- In certain circumstances, the use of a CAR day requires a doctor’s note.
- When you retire or leave service, CAR days will be paid out at a rate of two CAR days for one full workday (2 for 1), essentially making a CAR day worth half the value of a full workday.
| | Definition of a vacation day: | - Vacation days can be used at any time, including before or after a holiday or recess, and no reason needs to be given. Supervisors must have a compelling reason to deny a vacation day.
- A vacation day does not require a doctor’s note.
- When you retire or leave service, vacation days will be paid out at a rate of one vacation day for one full workday (1 for 1). Vacation days do not expire, and therefore their value increases over time as your salary increases. A vacation day will be worth the full value of a workday at the rate you are paid at the time you retire or leave service.
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| Other important points to note |
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The arbitrator has instructed the DOE to credit these vacation days to you effective Feb. 1.
Vacation days will be given for each day that you worked during the 2020 spring break. If you took religious observance days or time off during the break, you will only be given vacation days for the days you worked. | | Tomorrow afternoon, in the School Year 2020-21 FAQ on the UFT website, we will post a new spring break arbitration FAQ and an online inquiry form if you have further questions.
The UFT argued for a cash payment, and while the arbitrator agreed that we should be fully compensated, the members of five unions were affected and he didn’t want the city to face that financial burden with so much uncertainty due to this pandemic.
We all lost a vacation in 2020, and vacation time was what we are owed — not sick (CAR) time as the DOE argued in the arbitration. The union was able to get the arbitrator to see it from our point of view.
I want to thank our Grievance Department and its reps for their work on this case, and I want to thank all of you for your patience while this case worked its way through the process. |
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| Sincerely, |  | | Michael Mulgrew | | UFT President |
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72 comments:
Sounds like a fair outcome. Great to have free days you can use anytime without P approval, for ones wedding, for example. Or get paid in full later at the daily rate current at that time. The city wins in that it doesn't have to lay out money now.
Question: Are the CAR days we were credited back then going to be taken out of our CAR now?
https://www.uft.org/your-union/about-uft/2022-uft-election
Time for change
If you click on "arbitrator's decision" go to page 21. I was unable to copy and paste text here.
Yes, 4 coming out of CAR and out into new Vacation Bank.
MY TWO POINTS: 1) This is a great deal, but Mulgrew should NOT TAKE CREDIT FOR IT. This outcome was thought up by the arbitrator. The rank and file are not going suddenly kiss Mulgrew's ass over this. 2) I am beyond happy that SENIORITY finally is being appreciated and used in this new policy!
I think it is generally a very good decision for us. I would say Unity did a good job EXCEPT they should have NEVER EVER had us work over our break without an agreement to get paid in the first place AND how could an arbitrator not rule in our favor when we clearly worked against our contract. I think even Mulgrew could not have messed that part up.
Those CAR days will be changed to vacation days.
7:32 — According to the source document, we will first receive 3 Vacation Days and then we will have up to four of our CAR days (the ones we were given at that time) converted to Vacation Days, subtracting CAR days actually used which were pursuant to the MOU. There shall be no minimum CAR balance to allow for the conversion (in case anyone currently has fewer CAR days banked than the number of days they worked during Spring Break from days 4–7). And DOE was ordered to make this happen effective 2/1/2022.
The 4 days you received back then will become VAC days. So if you have 100 days banked this moment, then you will have 96 CAR days and 7 VAC days. 4 of the 100 will convert and become part of the 7.
Bet you won't be able to use them when report cards are due or parent teacher conferences are scheduled. I imagine it'll be tough for people with many deadlines and other time sensitive responsibilities.
Bad deal. So we only get 3 more days after all this? 3 CAR days? Who cares? Should've gotten 14 for 7 work days. And we get no money now, as usual. I'm ok with no money, but 14 CAR days was appropriate.
CAR days that can be used as vacation days. Only a few CAR days. Nothing special. Not what I hoped for.
Mulgrew said the 4 CAR days we already got meant nothing, we could still negotiate for the full 7 days pay. We did not get that. Not even close.
This is not even taking into consideration of time value of money. In fact, this is an okay deal for you if you're close to retirement, but if you're a relative newbie like myself with 20 years to go, the rate I would get paid if I saved these vacation days and got paid out in retirement would be a fraction of the future value of that money would be had I saved it and reinvested growth and dividends. Example, let's say instead of getting paid $3,000, I am promised that at retirement at whatever the going rate is. Let's just assume 3% salary growth per year, so about $5,500 payout. Had we been given the $3,000 now, that could turn into $20,000 assuming a 9-10% market return. Big loss.
Are those who have since retired going to get paid for 3 vacation days?
This isn't giving to help me. I am still not going to get a sub. I still am going to inconvenience my colleagues. It's also affecting students. What a waste. SMH. Union president has no backbone. Weak.
I believe 9:14 makes an excellent point. I would definitely take the vacation days as time off if I was in that position, too.
Honestly, this is about as good as we could have expected. There was no way they were going to pay 100,000 teachers their salary rate for 7 additional days. This is a rare chance for teachers to take time off during the year without worrying about making up an illness to go on a vacation. March is a long month with no days off. Obviously the issue is going to be admins not granting time off that we're owed, and that will certainly have to be addressed. Is it perfect? No, but not a complete ripoff.
I’m proud to say that during spring break 202, I did zero work.
The week before, I posted some scheduled nonsense. No one did the work. No one cared.
I checked an email or two, and did no work that week.
Do anyone tht did real work, may I ask why?
The fact that this creates another type of “day.” (Now We have personal days, sick days and vacation days) is very concerning. With Mayor Adams interested in extending the school year, this sets up teachers taking “vacation” at times other than summer. It’s sinister. It’s a loss. The FDNY and NYPD would have gottff we n cash.
Perfect example if a person who has no business being a teacher.
An embarrassment to those of us who are professionals.
I was an ATR with no assigned classes at that time. So I get the days for doing nothing too.
And you're the perfect example of someone who has no life and expects teachers to be robots. There's nothing wrong with him/her posting asynchronous work when we were ROBBED of days off. People do have lives outside of work- loved ones, responsibilities, prior commitments. Not to mention the exhaustion, anxiety, and depression covid caused many people at that time and still is causing people. Both students and teachers alike needed those days off and were entitled to those days off.
I want to be clear.
The maximum saved days remains 200?
And the maximum paid days remains 100?
So, once you hit 184 CAR days plus the 7 vacation days you are at 200, right?
Bingo! This is making new contract provisions outside of collective bargaining. He should have paid people and been done.
In a fair world where the arbitrator is actually not beholden to NYC, we should receive 2 vacation days for every day worked during vacation. This was not a fair decision. The arbitrator would have been "dropped" by NYC if he had given us 14 vacation days.
Maybe, the UFT should "drop" the arbitrator.
1010 pm,
Wow! You worked hard that week. I bow down to you! I’m not worthy.
Let me ask you a question and that question is what was the end result of fighting the good fight that week? Are you the teacher who ‘gets it’ in your school? So the kids request more work from you?
The answer to both is no.
This is a good job, but at the end of the day, being a martyr gets you nothing.
I do my job. But, on a pre-planned week off that was taken from me, I’m not working. You were. Hey, keep patting yourself on the back.
By busting your butt that week, you made everyone who did what they should have done(nothing) look bad for enjoying a week they should have enjoyed.
How dare you call into question anyone’s work ethic and dedication. Do you also mock those who take a nap during lunch? You are the reason we have such terrible morale.
But keep being a bleeding heart!
You boy Mulgrew is still at it!
He is out there pimping for NY city.
Here is the thing. You will not be paid cash for overtime until after you retire.
So if you want cash for labor performed, this shitty deal defers your payment
far into the future, maybe 10 years, maybe 25 years.
As you may have noticed, there is a powerful economic force known as inflation.
While you wait for cash payment, inflation will erode the value of your pay for those seven days.
But Mulgrew is so nice to NY city. His masters de Blasio and Adams must be buddies with him.
But you, the rank and file have been cheated again. They (Mulgrew and Adams and the biased arbitrator) are counting on your indifference, you ignorance and perhaps your laziness.
This contrived deal favors the city because they do not have to lay out CASH now.
Mr. Mulgrew, Fire the Arbitrator and find some cajones!
Anonymous 9:45:
I did not work spring break 2020 to satisfy the DOE. I worked because of personal integrity, pride, my own standards and because my salary comes from the tax payers. I owe an honest day of work to those who are paying my salary.
I am close to retirement and I have 200+ CAR days. I am indifferent about this decision. The majority of teachers, will be OK with this decision.
I wish we had gotten the option to do this as arbitrated or just take the money now. I was really hoping for a little extra right now to put toward medical expenses.
514:so just take the days in one week and you will have the time off.now u can go away without a med note.not bad
Confused.i thought this is in addition to the car days we received earlier.to the poster who is not near retirement:you can choose to save therm and they will have more value.
I feel screwed somewhat because I was forced to use religious observance whereas normally I would have been off.we should get money back.but ok...I wonder if at retirement you have to spread out the pay for these days, similar to car days.or can it be all at once.
609,
Spare me the bleeding heart sentiment. You ‘worked’ a week that was robbed from us. The end. Period.
No one(kids, admins, colleagues) cares or cared at the time that you have so many days in CAR. Congrats bc you have to give half back to the doe and they won’t pay you for the days deemed as personal days.
I have days in the CAR, so what is asked of me and play the game.
Here is what I won’t do and that is work nights and weekends and a spring break 2020.
Here is what I did spring break 2020 after posting nonsense work. I kept the phone close to check/read emails from admin and got rest and exercised and recharged the battery.
We got robbed w this vacation day stuff. We all should have been paid for those days.
So, looking back, I’m glad that I did no work bc I came back from that as a better employee.
Oh, and I was an ATR at the time and the only reason I did work during remote learning spring 2020 was bc I asked my principal at the time repeatedly how I could help out. Looking back, I could have done nothing.
But be a bleeding heart. Once you retire, in a day or two, people won’t remember you.
Sorry. Enjoy giving half your days back to the city!
Can "VACATION DAYS" be used for terminal leaves? Beyond the 100-car-day limit?
6:57 I think you have a good point.it should be 7 vacation days.
Mulgrew's deals are about saving the City money, often by trading payment owed for work done, for time compensation. And even when money is paid, it is delayed (The Retro, the Vacation pay we can collect at retirement etc.). The net effect of these deals, as several astute members have pointed out here, is that we are compensated with time that, in many schools is never actually allotted, is worth far less than the our contractual rate, or have to wait for payment that is devalued over time by inflation since the City doesn't pay us interest on the money we have, in effect lent to them. This last point is more egregious now on two counts, again, as several members here have noted, because the US inflation rate is now running at 7%, though actual inflation for teachers is considerably higher than the headline number, and because the opportunity cost of lending money to the City at 0% is so high. That is, again, as another member pointed out, if we hade the money and put it to work at any rate above 0% we would be better off.
This deal making President of the UFT, Mulgrew, and others who will set the pattern raises with the new mayor when they negotiate a new contract, can't be trusted to get us a raise or even keep us from taking yet another pay and total wages (salary plus benefits) cut.
So you know not to vote for Unity, unless you want your pay and benefits concession bargained away.
But what about the UFC/UFT? How will they do better on the bread and butter bargaining?
Clearly they are better on retirement health care and have been fighting hard to educate people and stop Mulgrew, though they have failed for the most part.
So we can expect them to be better on benefits.
What about wages?
While I would love to see a caucus that can organize, like Chicago, that's not in the DNA here in NYC.
But on bread and butter, UFC UFT gets my vote.
The maximum saved days remains 200?
And the maximum paid days remains 100?
So, once you hit 184 CAR days plus the 7 vacation days you are at 200, right?
I would have rather been compensated as well but all in all think about what we are getting. Paid days off for minimal work during that week. A week where you could not go anywhere. You could not vacation anywhere. You literally had nothing to do but binge watch shows which you probably did anyway. Teaching some classes actually gave us something to do besides watch the end of the world unfolding on CNN or FOX or whatever your politcal views lie. It was a change of pace from hearing about people dying.
So we have been given days off now. Paid days off to start an early three day weekend and beat the traffic or extend it an extra day. To maybe get down to Orlando and not have to deal with the same "school's out" vacation crowds and have a small line for a change. To send the kids to school and spend quality time with your significant other uninteruppted for a change. To see that weekday concert and sleep in the next day. To go for a nice hike, breathe in the fresh air and be happy it's quiet all around us. To visit your far away family which we hardly got to do over the last 2 years.
Yes, I'd rather have the money but I am going to make the best of this and I suggest others stop complaining and do the same. You earned it.
EXACTLY... unfortunately 90% of membership is unable to do basic arithmetic... We also got ripped of w the 8.25 Fixed TDA... That point and a half costs us at least $100k over your lifetime.
These do not count towards your total CAR days. So you can have 200 CAR days and 7 vacation days.
I do worry that moron teaches will run with smiles on their dumb faces to negotiate vacation days into the contract rather than raises. Teachers are the dumbest, worst negotiators, and settle for garbage! You think the arbitrator just made this solution up? No way, he's way too smart and political for that. This was negotiated by the UFT and City and he signed off on it.
These new vacation days will be the end of our long summers and frequent breaks. Work two extra weeks and we will give you a vacation day! Just a horrible job, with horrible pay and horrible benefits. If I could only go back!
"We were robbed!" says one fool above. Then he goes on to say that he's glad he did absolutely no work on the days in question. What a disgusting low-life. First, for doing nothing when you're supposed to work. Then, for being proud of it and bragging about it. Lastly for saying he was robbed for not being paid to do nothing.
The more I read this blog, the more convinced I am that it is nothing more than a clearinghouse for losers and malcontents. The stupidity of the comments is actually terrifying. But, I have to believe that it is not at all representative of the membership as a whole. Therefore...
Election prediction:
UNITY 79%
UfC 20%
High School Exec Bd to UfC.
Why have they not announced a snow day/remote day tomorrow? Rumor is adams won’t do it unless 8 inches are on the ground
Are these “ vacation days” a one time award or now an annual thing?
One time.
1/6 12:06 PM, I totally agree. This deal opens a pandora's box of sorts. Remember, this mayor wants year round schooling. The only thing that doesn't get me crazed is that I retire a year from June. Chances are nothing drastic or radical will happen while I'm still in service, especially since our contract doesn't expire until this September. Still, I feel bad for friends and colleagues that will have to swallow this shit going forward. I can definitely see a series of floating vacation days added to accruals separate from the CAR. Those days will be in lieu of February break, early July, late August, etc. They think they have a teacher shortage now, wait til this is employed. Like I said, I'm out in 17 months, but it's going to suck for people who have a long road left in this system.
I find it quite interesting that hardly anybody is talking about the seniority aspect of this deal. When Feb break happens next month, a ton of teachers are going to want to start it a week early or end it a week later with the new "vacation days". However, the principal has to first choose the most senior teachers for any vacation day request. Thus, newbies are going be super jealous of veteran teachers. This will be especially bad next year at Christmas for any newer teacher who does not use all of their days this year.
But then people can lock into lower fates not in peak time blackout days.feb break was to save fuel costs, which tx to the skeleton, are spiking up.
I can easily do another several years like this. I've never made so much money in my life! The Covid bubble is real.
Does it say anywhere that admin CANNOT ask for subplans when we have a scheduled vacation? We wouldn't have had to make plans for Spring break, but I have a bad feeling.
We cannot be worried about inconveniencing our colleagues when we are given vacation time. Teachers have to STOP with this line of thinking. All other industries that have vacations, other employees share the load when out. Use your time. Go somewhere off peak and have a ball.
An arbitrator made a one time ruling for a unique situation. It sets no precedent and augers nothing for future contracts, breaks, or summer. It's a win. Those vacation days might prove invaluable at some point in your career. People on this blog are so narrow. And stupid.
I love it. Think of things you you’ll never be able to do because you’re teaching. Maybe visit Octoberfest in Germany. A music festival. Day of the Dead in Mexico.
The Northern Lights. So many things. Bring the kids to Disney on off peak days. Those experiences could be worth more than $. If you want the cash, cash them out when you retire at 1 for 1!
Snow day? Naaaaaaaaa, get to work!
Vacation days are lot less valuable than cash. We have adequate vacation days without these additional seven days.
We should have been given the option to be paid in cash. We should have received interest on the money owed to us.
Mulgrew helped NY city cheat us by accepting another bad deal. Mulgrew works for the mayor.
Every one needs to call out tomorrow! Fuck Adams. It’s going to be bad snow! He doesn’t give a shit about your safety as should be very obvious by now!
We are open tomorrow.
@609 am... integrity. It seems like too many people lack it.
@657 am...having integrity isn't to prove anything. It's a person’s values. 609 probably does what is right ans in accordance with their values, all of the time. I applaud them.
Good at least we get a little of our Seniority rights back. My principal said that they don't go by seniority when they make decisions. Just know who you outrank.
The mayor is leaving schools open, but they are saying that weather-related lateness will be excused. Forget the UFT at this point - CSA has nothing to say about this?
https://www.ny1.com/nyc/all-boroughs/news/2022/01/07/at-many-schools--the-city-is-testing-fewer-kids-for-covid-than-you-might-think
What Adams needs is a storm that will cause travel hardship on transit then he will learn his lesson. Really, closing schools for tomorrow due to the snow should be done. Schools are understaffed and students so many students are absent. There is nothing going on. Classes are combining (safety is out the window) and there is no teaching going on. It's a daycare center for now and infections will continue to rise. Remember, DOE does not care about us or the students, as this is proof. If students need food, since that is always the reason to keep the schools open, then allocate sites as was done before. This mayor and chancellor need to stop the BS.
I feel like accepting vacation days is opening a can of worms. Adams wants a longer day, Saturdays and weekends. I can see us having to work in July 2023 and get a floating week somewhere. We will see but again this gives me a bad feeling.
I have a new name for our new mayor. Mayor I don't give A Dams.
I can’t wait for the bleeding heart that gets on here and tells us ‘roads were fine today. No issue getting in to work today’.
I will not risk an accident or bodily harm to myself for the doe.
This nonsense of commuting during winter weather or hazardous conditions was supposed to end.
Csa? UFT? Where are you?
This reminds me of Farina when she said, we have to keep the schools open so kids can get a hot lunch.
Was no schlepping to an empty building today and risking an accident. Both of my kids had a snow-day as all Long Island Schools were closed. Had a great time with my kids!! Shoveling snow, building a fort in our backyard. Glad they were able to forget about school and Covid for a few hours.
I stayed home today as well. I’m glad it cleared up, but the morning ride had to be abysmal.
28 politicians urged Adam's to close for a few weeks.he won't listen.it might make him appear weak.i guess they paid us to set up Google classroom for nothing.
The results of the election will show that this blog is out of touch with the attitudes of the rank and file. I say most teachers are going to love the vacation day option. Nothing that has happened has altered my prediction.
Unity 79%
UfC 20%
HS exec bd to UfC
We are forgetting another thing. How are the people who have since left the DOE either through retirement or resignation getting compensated? Oh yeah, that's right. They're not. Even though they worked and earned compensation for those days.
If they worked and have since left the system, they get money.
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