Tuesday, November 18, 2014

ARBITRATOR SAYS CITY DOES NOT HAVE TO USE ADDITIONAL FUNDS TO PAY UFT RETIREMENT RETRO

Arbitrator Martin Sheinman has written a decision saying the city does not have to use extra money to pay arrears owed to UFT retirees. In our new contract, the city agreed to set aside $180 million for back pay for UFT members who retired between November 2009 and June 2014. These retroactive increases are for when these employees were still active. Teachers went six years without a raise.

Under the terms of the new contract, members who retired by June 2014 were going to be given all of their arrears in a one time payment as opposed to receiving the money piecemeal through 2020 as other members will be paid. Amazingly, the city and UFT were caught off guard when many more UFTers retired than they expected. That is the cause of a $60 million shortfall. Sheinman will decide how to make up for the deficit.

According to his decision, cited at Chalkbeat.org, "Out of a multi-year package costing billions of dollars such modification shall not be difficult and shall be relatively minor."  What does that mean? 

Meanwhile, retirees have to wait even longer for their promised money.

43 comments:

I noticed that... said...

On chalkbeat I asked if anyone knows if retirees,who retired between 11/2009 and 6/2014, will have their pension recalculated once the retro payments are made. This guy Larry Littlefield posted the following comment:
"Do you mean under the deal as DeBlasio told himself he agreed to it, or after the court case?

You don't think the city's pension contributions were increased, and other things cut, this year to account for such an increase, do you? The usual game plan is to grab that sort of thing a few years later, with the benefit of pretending the deal and resulting sacrifices have nothing to do with each other purchased at the cost of multiplying the cost of the deal hugely."

What does he mean since he has a tendency to write in a convoluted manner with conundrums.

Anonymous said...

Good, choke on it - all you morons who voted for it.

Anonymous said...

Anon 4:13
Retirees cannot vote on any contracts. So are you referring to inservice members? No one is a "moron". I will safely say that ignorance, desperation for money, and listening to the union leadership that it was the "best" deal possible led to the ratification of such long-term contract.

Anonymous said...

I'm really getting fed up with the negative crap.The contract was voted because New York unions don't fight anymore fact that we went 5 years with no deal supports that and is reason for this contract. Accept that and we get what our hand called for. Mulgrew said he'd have something before Thanksgiving and he did case closed. Stop about re calculations it's part of deal period.



Anonymous said...

At the special pension clinics back in June-the UFT kept saying retirees would get a lump sum check sometime in the fall and there would be recalculations on retirement allowance based on retro to follow. The only that has been resolved as of Nov.18- is that this issue is in hands of an arbitrator due to a $60 million shortage and nothing is for certain-as this case is certainly not closed.

Anonymous said...

This just in:
TO ALL 2009-14 RETIREES

Here is Mulgrew's email to retirees as of 11.18.2014 . I just am uncertain of the wording in this which includes:

"As soon as I know more, including the timeline for payments, I’ll share it with you." and "We have accepted his offer to find a way to adjust the contract’s terms"

The words "timeline" , "payments" and "adjust contract's terms" have me nervous, you? Feel free to comment.

I hope I am wrong, but I am not feeling good about this.

Email to retirees as follows:

I have good news to share. An arbitration decision released on Monday clears a path for paying recent retirees the lump-sum retroactive payments that you have been expecting.

Martin Scheinman, one of the independent arbitrators who helped the UFT and the Department of Education reach a new collective-bargaining agreement last spring, confirmed that our retirees who were in service during the time covered by the contract should receive all the money they are entitled to. We have accepted his offer to find a way to adjust the contract’s terms to make up the shortfall in the settlement fund created to cover the lump-sum payments to retirees.

Scheinman wrote that “out of a multi-year package costing billions of dollars, such modification shall not be difficult and shall be relatively minor.”

We accept his offer to quickly work out the details. We appreciate working with the city getting this contract done, and the arbitrator will now work out this detail to make sure everyone is made whole.

As soon as I know more, including the timeline for payments, I’ll share it with you.

Sincerely,

Michael Mulgrew

As mentioned before-nothing is for certain and autumn ends Dec.20

Anonymous said...

How does a ratified contract get changed after the fact? How did Mulgrew sit at the bargaining table surrounded by high priced lawyers and leave such a glaring hole in an already anemic agreement?

Anonymous said...

Anon 6:11 pm

Thank you for your post. I, too, am not feeling too good about this "good news" from the union leadership.

But, we have until Dec. 20th. If status quo continues on Dec. 21st, then we can begin to truly worry.

Anonymous said...

Here's Larry Littlefield take on this issue of finding the $60M shortfall.

"The Chalkbeat reporting implies that the money paid to those cashing in and moving out will be taken out of the hide of younger of future teachers, as is customary in the "screw the newbie, flee to Florida" cycle.

But that could mean more cuts to extra help and extracurriculars, meaning the teachers have sacrificed by giving up their additional pay. Or larger class sizes. Or perhaps lower starting pay, which could be used as an excuse for doing a less good job. The UFT, DC37, the cops, the firefighters have all gone with more money for those cashing in and moving out relative to starting pay in multiple contracts."

I feel that he's very angry and condescending at those members who put in more than 20 years of service. It seems to imply that if you worked all those years that you're not entitled to any money if it brings about cuts in other services. I don't think the retirees are being selfish. I feel that the in-service members voted to ratify the contract, then retirees (2009-2014) are entitled to their retro and pension recalculation.

I tried to tell many, many of my colleagues vote no, but it was a fait accompli.

Anonymous said...

I'm referring to both- the retirees who voted and keep voting Mulgrew and his shills in and the inservice 77% MORONS who voted for this contract. Hope that's clear.

Anonymous said...

Anonymouse nov 18 5:07----active teachers who bought the UFT lie re retro voted yes to cash in and then retired in June. Retirees may not vote but those who retired in June of 2014 did vote. And many voted yes to get their hands on the money and not wait til 2020 like the rest if us.

Anonymous 5:22----The UFT promised full retro to those retiring in June. People didn't get paid. Mulgrew conned them into voting yes and they bought it.
Roseanne McCosh

Anonymous said...

If this was a con job by Mulgrew-then he has absolutely no integrity/trust(assuming he had any in the first place)-- with this issue of delayed promise of a one time retro for the pre-July 1,2014 retirees. Also, what guarantees are there in respect for the retro pay promises with the post June 30 retirees scheduled for payout: 2015-2020. And for that matter- who knows what will happen with the expectations of all in-service members-- when its their time to receive retro during that same 2015-2020 time frame.

Anonymous said...

NEWSFLASH-

Hey UFT members, your union believes you are naive and ignorant, and you already proved it to them by voting for this horseshit contract.

Is it any surprise that they are now playing you for an idiot?

Anonymous said...

I am one of those teachers who retired on June 30, 2014. I am not surprised at what is happening and by the way I voted no on the contract.

I was always going to retire now. I have never believed anything the UFT has ever said.

Anonymous said...

People here make it seem like we have been shortchanged money before from a contractual obligation. When did this happen before, exact circumstance please because in my 29 years I can't remember it ever happening

Anonymous said...

to Anon 15:00-That's a good point about contractual obligations and I believe the DOE has always abided by their payroll obligations to teachers. I know that patience is a virtue- however, recent retirees (June 2014 only) and rightfully so-are upset about a significant broken financial UFT promise discussed at all the June retirement clinics dealing with lump sum payments by November or the end of fall-which is in now the hands of an arbitrator (that Mulgrew has trust in)-- and says retro will be paid in full-when and how-- is still unclear. Also, in-service people have to wait till 2020 to get all retro. Is there any other city worker contract that any one can think of in the past 29 years --that has had its members wait 5 future installment years for retro?

Anonymous said...

Those who retired in June because of the lump sum made a life-altering decision to do so based on a what Mulgrew promised. Many were probably nervous to retire since their decision also affects their families. It is sad that they were duped into believing a false promise. Nasty comments directed at them comes from those who lack the same morality as our union president.
The "clause" was there because he knew this was going to happen. If retirees do not receive their retro by the holidays I suppose we'll have our very own Grinch who stole Christmas

Anonymous said...

I agree that the people who retired based on premise of a lump sum payment are the ones that have a right to be angry. Saying that Mulgrew knew that this was going to happen and is not doing what he can is wrong. Unions cannot order the city to pay there is a process that must take place and the union is in the process to resolve this. I am waiting for this money as well I retired July 2013 and I could really use it but I know I will have to wait for the process to take its course. Hopefully soon

Anonymous said...

Stand up and fight . We have to be legally protected !

Anonymous said...

We were forced to retire. Now their offer is a lie ? Shame on the Uft and Shame on City Hall ! They have betrayed our trust way too many times
All we have done is faithfully worked our bottoms off to teach the city's poor and humbled mass. Now we deserve respect and above all truth ! Kali Loverdos 27 year veteran

Anonymous said...

It never happened before but once is enough. We need to unite and fight ! Kali Loverdos

Anonymous said...

None that anyone can recall.

Anonymous said...

I agree with the last posting. When retirees haven't received any money then go nuts not now especially when most will have to wait years to get retro

Anonymous said...

Lets just wait for the polar ice caps to melt.

Anonymous said...

Nov 19 @ 8:45
Mulgrew claimed full retro and produced a chart indicating that top salaried teachers would get 54K in retro. He knew exactly what he was doing to bait those who could retire. By looking at the number of teachers with the age and years to retire, he could have seen the potential for a huge short fall. So whether he's a bold faced liar or an incompetent, he still screwed up and should resign. Keep making excuses for him----no one in my school is buying it. Roseanne McCosh
Roseanne McCosh

Anonymous said...

Not many others are buying it either

Anonymous said...

If it will take the arbitrator awhile to secure the additional 60 million to honor the contract agreement,I hope the UFT distributes the 180 million secured fund now as it could cover 75%of what each retiree was promised.

Anonymous said...

Ok so after looking at the MOA i realize that we were lied to about full retro pay.The MOA states that it will set aside 180 million in a settlement fund and disbursed in an agreed formula payed in a lump sum. I will bet all along they knew it would never cover full retro for everyone, but probably planning on 90% and then telling us it was the best they could do. Since it on covered 74% for everyone and realizing there would be an uproar among the retirees they had to figure out a way to make it full retro. In my calculations they only set aside enough money for approximately 1000 members to retire this year. I know the money will be paid in full I heard February. Its a slap in our face the way it was sold to the members. I hope the retirees remember this during elctions

Anonymous said...

Sadly most of you will forget and Unity will get their usual 90% of the retiree votes.

Anonymous said...

Since the UFT has the 180 million now why can't retirees receive 75 % of our entitled reto wages immediately and the balance when the arbitrator finds the needed 60 million.We have went years without raises and now 5 months.
contract promiseUpon ratification, the city shall establish a structured retiree claims settlement fund in the total amount of $180 million to settle all claims by retirees who have retired between Nov. 1, 2009, through June 30, 2014, concerning wage increasing arising out of the 2009-2011 round of bargaining. The fund will be distributed based upon an agreed upon formula."
Let the formula be 75% now and the balance in February if the previous quote is correct

Anonymous said...

Be patient. Your union is working hard for you night and day.

Anonymous said...

Its unbelievable that Mulgrew is still blaming Bloomberg and his administration involving retiree retro. I thought he was negotiating with Deblasio.In addition, to this promised lump sum retiree retro (now supposedly postponed till February 15 ) -there is also supposed to be a recalculation of any retiree FAS for pension (May 2010 to June2014)-and when it will happen was not even addressed by Mulgrew --as TRS can't do any updated calculations until retro pay is sent out to members.

Anonymous said...

According tohttp://comptroller.nyc.gov/wp-content/uploads/documents/Cash_Letter_July_2014.pdf ,
the 180 million was transferred to the DOE September 30th-I hope our Union negotiates that this money is distributed to retirees now while we wait for the arbitrator to secure the balance 60 million-Waiting till February is not fair to retirees when there is an established fund available for distribution.

Anonymous said...

I'm confused I thought our contract started as of November 1st 2009 where did may 2010 come from as well as the February 15th for retro

Anonymous said...

From the MOA timeline to the big board. Courtesy of Susan Conlon.

Retire luncheon today: An announcement was made that this luncheon was to celebrate careers not talk about retro. Michael Mulgrew spoke about retro and he claims the delay had to do with the unexpected number of retirees. He placed much blame on Bloomberg and the tactics of the former administration. Mulgrew's damage control included telling a room full of retirees that the UFT insisted to include a clause that allowed an arbitrator to examine any contract disputes that arise. Mulgrew told the crowd that the city wanted to offer 74 cents on the dollar for the retro arrears to retirees. For a teacher on top salary this would mean instead of approximately $40,000 retro the member would receive $31,000. Mulgrew told the crowd the union rejected this offer. This would have also decreased a member's FAS and adjusted pension as well. Mulgrew claimed that he is "quite confident" that retirees will see their retro by February 2015. He did not state whether this payment would be in one sum. He did not state when pensions would be adjusted to reflect the FAS on NEW contract. Some members applauded politely. Most kept their hands on their laps.

Anonymous said...

And 90% of you retirees will vote for Mulgrew's reelection in 2016.

Anonymous said...

The city transferred to the DOE the180 million for 2009-2014 retirees September 30th.We need our union to see to it that retirees be given 75% of what we were promised now while the arbitrator arranges for the promised 60 million .There is no logical reason retirees should have to wait till February to receive a payment while there is a 180 million fund being held that was allocated .What is happening with the fund ?What are our legal rights.

Anonymous said...

They betrayed me so many times! I don't trust them ! Kali Loverdos

Anonymous said...

Who does?

Anonymous said...

Please also connect withpublicschoolsmoneyoverage on Facebook to check where we retirees waiting for retro stand. Please call and email the union pension department. I think we need to fight for this retro money. Why are all the custodians receiving theirs at the end of the month ? Did you know that the hospital workers at Mt Sinai have waited for two years ?
Kali Loverdos

James Eterno said...

Retired custodians? I think in service have to wait like us. Mt Sinai?

Anonymous said...

We need to call Mulgrew March and pension until thier lines burn off. I was told by March that the re calculated pensions would take a long time because 15,000 people retired thats far more than I calculated. They have had more than enough time to prep for this. The only thing that got us anything was this harassment let's keep our foot on the lines while making membership aware that there retro may not be as safe

Anonymous said...

There's a sucker born every day.