FACT FINDING PANEL FORMED

The UFT issued a press release last week, that went mostly unnoticed, saying that a fact-finding panel has been established to make non binding recommendations in the UFT's contract dispute with the Department of Education. The names of the three fact finders are Martin F. Scheinman, Mark Grossman and Howard Edelman. Mr. Scheinman was named chairperson of the panel. He has an extensive background with the UFT and DOE.  The other two names I am not familiar with.

This blog has said all along, and we will say it yet again, that going to fact-finding is a mistake because the union will lose something.  It is highly unlikely that the panel will side with the UFT and give us the same 4% and 4% raises without any givebacks that almost all of the other city unions received in the latest round of collective bargaining because arbitrators are trained to give both sides something.

Splitting the settlement to give a little to everyone is how arbitrators stay employed since every year either management or labor can throw someone off of the panel of acceptable arbitrators. If we examine the list of givebacks that the city is asking for, it boggles the mind why the UFT would go near the arbitration process. Yes, the recommendations can be rejected by either side but the fact-finding report will be out there even when a new mayor takes office in 2014 and it will have an impact on the settlement.

For those who have forgotten, our contract expired on October 31, 2009 and our last regular salary increase was on May 19, 2008. The entire UFT press release is printed below.

PERB appoints fact-finding panel for UFT/DOE contract dispute

OCTOBER 3, 2012

The New York State Public Employment Relations Board has appointed a three-member fact-finding panel that will take testimony, hold hearings and issue a report and recommendations in an effort to resolve the contract dispute between the New York City Department of Education and the UFT. The UFT contract expired Oct. 31, 2009.

The factfinders, all labor arbitrators, are: Martin F. Scheinman. Mark Grossman and Howard Edelman. Mr. Scheinman was named chairperson of the panel.

In a letter to the parties, PERB said: “Whereas, the New York State Public Employment Relations Board has determined that an impasse exists in the negotiations … a Fact Finding Panel is hereby appointed for the purpose of inquiring into the causes and circumstances of the dispute.”

The panel has the power to subpoena witnesses, documents, and other material; to administer oaths and take testimony; and after hearings will transmit “findings of fact and recommendations for resolution of the dispute” to the parties and the public. The recommendations, while not binding, are expected to help provide a framework for a final settlement.

UFT President Michael Mulgrew said: “For nearly three years we have been unable to reach a new contract with the Department of Education. In the past a review of the issues by independent fact-finders appointed by the state has helped break this kind of deadlock, and it is our hope that PERB’s intervention this time will help lead to an agreement.”

Potential names were provided by the Department of Education, the UFT and PERB. Both the DOE and the UFT were permitted to strike a number of potential appointees, and PERB named the panel based on how the DOE and the UFT ranked the remaining candidates.

The UFT and the DOE have relied on fact-finding panels to help resolve previous contract disputes.