Thursday, July 28, 2022

UFT WINS ARBITRATION AFFIRMING RIGHT OF NON-SHORTAGE AREA TEACHERS TO GET SIXTH PERIOD PAY INSTEAD OF COVERAGE PAY FOR TEACHING A SIXTH CLASS

We have followed the case all year of the Aviation High School shop teachers standing up for special per session sixth-period pay of $7,278 per semester for teaching an extra class each day instead of settling for cut-rate coverage pay of $45.38 per class multiplied by 85 days for a semester which comes to $3,857.30. The math clearly shows that many teachers have been getting cheated out of over $3,400 per semester because principals refuse to follow the contractual rules and pay teachers what they are entitled to for teaching a sixth class in secondary schools. We believed it was a no-brainer grievance as the right to receive sixth-period teaching pay for agreeing to teach a sixth class in secondary schools has been in the Contract since 1998, whether it was for a shortage area or non-shortage area class.

Nonetheless, this turned into a tough case because the UFT waited so long to challenge the improper policy so the DOE argued to arbitrator Melissa H. Biren recently that the UFT accepted without grieving a practice allowing the DOE to pay the lower coverage rate for over 20 years so the issue was moot now. The grievance procedure only allows teachers thirty school days from when a teacher knows there is a contractual violation to grieve. The DOE claimed the UFT was basically permitting the DOE to ignore the Contract for over 20 years which made the grievance completely untimely now since the UFT never challenged the Department of Education's policy of improperly paying coverage pay rather than the higher sixth-period rate. The DOE reasoned that they had established a policy that the Union had accepted.

The arbitrator rejected the DOE position. Instead, she ruled that only individual teachers at the school in question knew about the policy that violated the Contract but the Union had no knowledge that the violation was occurring. That claim requires about as much suspension of disbelief as when watching Superman fly but the DOE didn't prove that the Union had challenged them before so the UFT's unwillingness to stop an open violation of the Contract for decades didn't cost us here. My guess is the arbitrator probably knew the Union was aware of what was up but the DOE was so blatantly wrong in cheating teachers out of their proper pay that she was willing to suspend disbelief a bit.

The arbitrator may have been persuaded the UFT was right because of the testimony of UFT Academic High School Vice President Janella Hinds. Janella's involvement hinted to the arbitrator that this was an important case for the Union. Janella testified to Arbitrator Biren on what the difference is between Article 7N (Coverages) and 7O (teaching a sixth class for a special higher per session rate). She gave details on how coverages are for an emergency absence but the sixth class provision is for the entire semester so the teacher becomes the teacher of record for the class and so he/she plans the lessons, teaches the lessons, and assesses the class while in a coverage the teacher only teaches a lesson left to them by the regular teacher for an emergency for the day.

Ever since 1998, teachers by contract in non-shortage areas have been able to use their professional period in secondary schools to teach an extra class and receive shortage area pay. Principals, however, have wrongfully used the coverage provision to cheat teachers by paying the coverage rate instead of the higher special per session rate. At Aviation High School, principals were shortchanging teachers in shop for over 20 years.

The situation changed this year because of the election of my former Jamaica High School and Middle College High School colleague Ibeth Mejia as Chapter Leader at Aviation. Ibeth knew we didn't stand for anything like ripping off teachers at Jamaica. She asked me to help with this and we did research that the UFT had been ignoring for years. We also publicized this issue in several of our blog postings to highlight how teachers were being cheated out of money when they took on an extra class in a non-shortage area. Ibeth was persistent in pressuring the UFT Grievance Department.

Arbitrator Biren sided with the teacher and the UFT. The DOE has to adhere to the Contract and can't ignore it to save money on the backs of teachers who don't happen to be in a shortage area. A DOE memo gives instructions for principals to ask for special per session pay for shortage areas as well as non-shortage areas. If the DOE doesn't allow it to be paid at the higher special per session rate, then the schools need to hire more teachers but they can't just assign coverages as that is not what coverages are for. If a teacher teaches an extra class for a semester or a chunk of a term as their class, they have to be compensated at the special per session rate. The shop teacher who filed this grievance will receive back pay.

In addition to the teacher who filed the grievance, my understanding is there are over 20 others at Aviation who have basically the same case and have filed separate grievances to receive the proper sixth-period rate.  The arbitrator has retained jurisdiction so hopefully, everyone at Aviation who grieved will be made whole. Unfortunately, nobody else who has been shortchanged over the last two decades will receive back pay. Thank you UFT for ignoring this for twenty years (oh yeah they didn't know).

If the teachers are retaliated against because they filed the grievance so now the DOE has to pay them what they are entitled to, I would hope the UFT will fight back. I know Ibeth and her team will stand up for each other and their school.

In addition, I really hope to see this be about more than one school. If a principal tells any secondary school teacher they can't pay you the special per session rate and can only give you the lower coverage rate if you teach an extra class, the precedent is here in this arbitration. Just say you want your proper money and get in touch with the Union. 

An important lesson to be learned here is the UFT will back chapters that stand up collectively as Ibeth's group did. This case, including the involvement of UFT Vice President Janella Hinds which I didn't know about until I read the arbitration decision, is further proof that a strong chapter is an enormous resource to collectively uphold our rights. It took over 20 years, but a new activist Chapter Leader woke up the UFT and has made a difference at Aviation High School. Those teachers are better represented because of her advocacy. 

Now it's your school's turn to collectively stand up for yourselves.

Finally, I am a bit more optimistic because this past spring Ibeth and six others from United for Change were elected to represent the high schools on the UFT Executive Board.

30 comments:

Anonymous said...

Why aren't there the same rules regarding elementary schools? Elementary teachers are forced to teach 6 periods per day in some schools.

Former Teacher said...

This took twenty years to be rectified!?! Twenty years is a very long time, for some teachers their whole teaching career. So it would take a hundred years to arbitrate the issue of substitute teachers who take on whole programs and become the teacher of record and are paid at the per diem rate for their services. These actions are definitely related.

Anonymous said...

I have a bone to pick with the UFT. Teaching for a 6th period or teaching 6 classes in general should require additional pay. Its TOO MUCH! I teach 6 SS classes in total and there should be cap # for the amount of classes taught.

Jeff said...

So the uft should be applauded? The teachers should've had this in the first place. Why the big fight? Why the years of not complying? This is the definition of "It's better than nothng."

Anonymous said...

Either way you look at this situation, the UFT looks very bad.

One possibility is that they were negligent and incompetent.
They simply ignored that violation of the contract. This was a significant violation for the teachers who were underpaid.
Why have contracts anyway, if the UFT does not demand enforcement?

The other possibility is the that the UFT is biased on the side of the DOE. This is a very dark reality, but it fits with much of what the UFT has done while saying otherwise. The UFT does not side with teachers and the UFT does not enforce the contract when it is seeking
to curry favor with the politicians/media. Teachers are used as pawns by the UFT

My personal opinion is with the second possibility. I feel that the UFT has sold us out and uses us as pawns in a political game where they want to be recognizes as players.

Anonymous said...

The UFT leadership works for administration because UFT loyalty is to the democrat party. If one or two teachers complain to the UFT about this type of pay dispute it’s easy for the UFT to look the other way and have their treachery go unnoticed. They get brownie points from their puppet masters. Harder to do when the whole school is paying attention. Congratulations to these teachers. Fuck UFT leadership. They are corrupt.

Anonymous said...

Another sellout by the UFT is the retiree health plans. The UFT is selling out retirees by promoting their Medicare Advantage scheme.
This is all about their push to be part of the Democrat political playing field. Retirees absolutely do not want the UFT Medicare Advantage conversion.

Anonymous said...

Another sellout by the UFT is the retiree health plans. The UFT is selling out retirees by promoting their Medicare Advantage scheme.
This is all about their push to be part of the Democrat political playing field. Retirees absolutely do not want the UFT Medicare Advantage conversion. The UFT is not representing them.

Anonymous said...

I have an issue with the UFT allowing for teachers to have 6 classes. I believe its as bad as teaching 6 periods a day.

Anonymous said...

There will be a teaching shortage, period.

Anonymous said...

Because elem teachers teach the same 25/30 kids all day. MS and HS teachers need the extra prep (we teach 5 periods a day) to prepare for 5 different classes, 35 kids each. These classes are honors, ICT, ENL, G/T…there’s just more preparation needed…

Anonymous said...

It takes a highly qualify chapter leader, such as IBETH MEJIA,who worked long hours asking thousands of questions and getting all the info so cases like these can come up to light and James Eterno who always work behind the scenes to make sure every teacher gets treated with respect. ALL MY RESPECT. Let’s go for more Ibeth and James Eterno.

ed notes online said...

elementary school teacher contract gives them a prep and lunch. The rest of the day is teaching time. When I was in my classroom in total control of what I did and when, I barely noticed the 6th period but when a cluster I had to teach 5 a day - even that much seemed harder than 6 with my own class. I had too much to get done and it never seemed enough time. But I didn't find it hard being with my kids. I rather enjoyed it -- most of the time.

James Eterno said...

Anon 2323 edited by the blogger said this:

"It's 2022 and we still allow this........


1. After 20 years of teaching, you should be guaranteed 40% pension. In reality, you can teach 2 decades and be lucky to get 13% pension due to penalties.
2. If you have a husband/wife in this shitty union you should not have to split 6 weeks maternity/paternity leave . Should be 6 weeks each!!
3. This loophole which shady principals use for 6th coverage is so wrong and needs to always be exposed."

The piece being commented on has absolutely nothing to do with vaccine mandates but the rest of Anon 2323's comment touched on teachers being cheated so it should see the light of day.

If Anon 2323 is not happy, I will delete what I printed too.

Anonymous said...

Doe just froze Galaxy to act like the lawsuit is causing disruption.

Anonymous said...

LOL - one could take lessons from Anon2323 on posting. He will always post on topic, while sneaking in something related to his agenda.

Anonymous said...

@11:50

There absolutely should be a teacher shortage.
Our human rights are violated through the Taylor Law.
We are treated like crap because the UFT has sold us out.

Teaching in NY city is a form of servitude which is two thirds of the way to slavery. I would not recommend teaching as a career and would not chose it as a career if I could go back and redo my decision.

The work environment in NY city is toxic and repressive.

Anonymous said...

The principals who cheated teachers out their full 6th period pay should be brought up on criminal charges for fraud. There are a large number of shithole, criminal principals in the NY city school system.

Anonymous said...

Is there a reason why you allow some commenters to digress while you constantly censor Anon2323 and say he’s off topic? The city has fired over 1,700 workers because they refused an experimental product that is ineffective at stopping transmission/infection and potentially unsafe. We’ve known this since last spring.

Anonymous said...

604
"Always"??? If s/he is an Anon, how do you know what s/he "always" posts?
Where do you even see the post?
And what do you call an "agenda"? The calls to vote for diversity and inclusion, or the call outs of injustice?

James Eterno said...

Here we go. Stay on or close to the topic. This is a major grievance victory. It has nothing to do with COVID. Agree or disagree all you like but try to keep close to the topic.

Anonymous said...

Kudos to all the teachers at Aviation and to the Chapter Leader. It is just WILD how the UNION claims they didn’t know, HA! And UFT UNITY claims they do the work! BS! Lmao 20 years later the UFT did the WORK when Mejia and her teachers woke them up.

Anonymous said...

Congratulations Aviation Teachers, Ibeth and James for bringing this to light!
My heart goes out to all the teachers who worked 20years without proper compensation which could’ve helped their struggling families, but I’m so proud UFC is making strides against the damage UNITY-UFT has caused our profession.

This here is a prime example of the importance of :
-unions: to enforce that employers follow the legally binding contract, to prevent abuse/enslavement.
- united teachers = a strong chapter.
- teachers reading their contracts and
-a chapter leader who goes against naysaying union representatives.

Disgusted in Queens said...

9:09-More prep needed? I do not agree. Elementary teachers yes have the same students BUT they also have to teach EVERY subject themselves and are expected to create 4 different sets of minilessons to meet the different needs of their students. This takes a tremendous amount of planning. Math, Science, Social Studies, Writing, Literacy, now Social and emotional lessons and any extra topic thrown in my admin-door contests, writing contests, monthly bulletin boards. The list is never ending.

Also, 6 period classroom teachers always lose prep time because their is not enough time allotted between periods for the cluster teachers to travel to your classroom so you lose time each and every day. Also, the prep periods are NOT the same length due to some preps falling during a lunch period while others do not.

Here is my buildings prep schedule which has been in effect for years and approved by our UFT rep

School day is 8-2:20(without extended day)

Period 1 8:05-8:48 (43 min)

Period 2 8:50-9:33 (43 min)

Period 3 9:35-10:18 (43 min)

Period 4 10:20-11:10 (50 min) Also a lunch period

Period 5 11:10-11:55 (45 min)Also a lunch which goes to 12pm

Period 6 11:55-12:45 (50 min) Also a lunch

Period 7 12:45-1:35pm (50 min) Also a lunch

Period 8 1:35-2:20pm (45 min)


There is either 2 min or no travel time between periods making it nearly impossible for a cluster teacher to arrive on time for a prep.

I had a prep daily third period this year. So right off the bat I got 7 min less than others daily then figure in the late arrival of the cluster which was at least 3-5 min late I lost a great deal of time.

Seven period day schools give 5 min in between classes to allow clusters time to travel. 8 period day schools don't allow travel time or enough of it.

Also, we are required to move our time cards in and out for lunch. So if you take your contractual 50 minute lunch you should only need to be in the office moving your card after 50 min not in front of a class.

Admin cannot have it both ways-it's either move the cards or be on time.

Elementary teachers in 8 period buildings are consistently short changed AND THEY ALSO HAVE TO COMPLETE AN EXTRA ASSIGNMENT THAT 7 PERIOD ELEMENTARY TEACHERS DO Not.

We have a professional activity assigned to us-we have to pick from a chart 3 choices and the principal assigns the task. We are NOT offered planning time as a choice. Lunch duty, tutoring, mentoring, student of the month, many others too.

Why is it ok for elementary 8 period teachers to be assigned an extra assignment when 7 period teachers do not have to do this? I understand the excuse is that 8 period schools get 1 professional period or extra prep a week but we do not all get an actual 50 min prep daily like a 7 period school does. Our preps are less time either by being assigned a prep that is 43 or 45 min long OR by allowing NO TIME in between prep periods resulting in a daily loss of prep time.

I did bring it up to the building UFT rep who is a cluster teacher who in past years would arrive 8-10 min late to my classroom twice a week.

We don't vote on the number of periods our school has yearly.

So my point is 8 period elementary teachers do more work than 7 period teachers through loss of prep time and being assigned an extra job-tutoring, mentoring, lunch/yard duty, student government liaison, Student Club/Advisor, social medial manager, treasurer, 7 period school teacher do not have this extra responsibility or perhaps they are paid extra to do these tasks.

So 9:09 and 12:54 the work load and prep time in 7 and 8 period elementary schools in my experience are not equal.

Disgusted in Queens said...

I forgot to add

"Professional activity periods are not additional prep periods. Teachers must be engaged in the assigned activities and will be held accountable for fulfilling their PA assignments.

The teacher being covered to perform a professional activity must leave the lesson plan for the PA coverage teacher. The PA coverage teacher is responsible for implementing the lesson plan."

8 period day teachers have to PLAN an extra lessons with a written plan for the coverage teacher weekly. 7 period elementary teachers do not have to do this extra work.

Disgusted in Queens said...

More evidence of inequality of 7 and 8 period day in an elementary school

LOOK AT PAGES 9 and 10 BELOW-THE UFT CLEARLY acknowledges THAT 8 PERIOD DAY ELEMENTARY SCHOOL TEACHERS SCHEDULES AND WORK LOAD are NOT EQUAL

https://www.uft.org/sites/default/files/attachments/SBO_Field_Guidance.pdf

SBO Proposal: Convert 8-period to 7-period day (Elementary School)
Relevant Contract Provision:
Article 7: Teachers in eight period per day schools must select a professional or administrative activity in accordance with
the provisions of this section and Article 7U (Professional Activity Assignment Procedures). This provision shall not create an additional teaching period, as that term is defined in the Collective Bargaining Agreement.

Current School Schedule: We currently have an 8 period school day and the week consists of:
29 teaching periods
5 preparation periods
5 duty-free lunch periods
1 professional period - THIS is not a teaching period BUT we have to plan and leave a lesson plan so we are required to plan for 30 periods.

SBO Proposal: The SBO would change our daily schedule to 7 periods per day and the week shall consist of:
25 teaching periods†
5 preparation periods
5 duty-free lunch periods
0 professional periods

James, can this be grieved as a whole for elementary teachers?

when it has been brought up in the past we have always been told by our rep to vote for 8 periods because it is an extra teaching position. However, it results in extra work and clearly the principal would want this because so many other things get done on the professional period time that otherwise teachers would need to be compensated for.

8 PERIOD elementary teachers are doing more planning without additional compensation.

How is it ok with the UFT that some elementary teachers have to teach
25 periods while others have to teach 29 and plan for 30 AND complete a professional activity?

Anonymous said...

9:42. You made 4 points. Points 2,3,4 got the job done. Point 1 got unwillingly dragged into the fight by points 2,3,4. UFT leadership most often works against points 2,3,4 . UFT leadership is corrupt.

Anonymous said...

11:50. All NYC needs is a warm body in the classroom. They will rubber stamp certification on warm bodies with hs diplomas and 2 weeks training and spin it to the public. The public will buy it and no shortage will occur. They will cut through certification requirements before they admit their bullshit causes a shortage.

waitingforsupport said...

Agree with 1006. They have warm bodies to receive diplomas. Warm bodies issuing diplomas. Warm bodies touting the successes of the warm bodies elected to run their system. Warm Bodies.

Anonymous said...

Yep.
Warn bodies out, Warm bodies in.
The cycle of Ed.