Saturday, July 02, 2016

UFT REP REPORTS 2014 ATR AGREEMENT HAS EXPIRED

Yesterday I had a pleasant conversation with a UFT full time representative who reported to me that the Absent Teacher Reserve portion of the 2014 UFT contract has been allowed to sunset and we should revert to the 2011 agreement as of this month. That is good news.

Although the 2011 agreement includes weekly rotation of ATRs and is nothing to brag about from the standpoint of a union, the 2014 ATR section of the contract is worse. The 2014 part is Article 17B Rule 11A (see contract here). It includes provisions such as not having to send certain ATRs on interviews, automatic resignation if an ATR misses two interviews, and weakened due process with one day dismissal hearings if an ATR covering a temporary provisional vacancy in license is charged for "problematic behavior" even if the ATR is tenured.

The UFT to their credit did not agree to extend this awful provision. The fact that they didn't tell us at the Delegate Assembly or send ATRs and provisional teachers an email announcing that the 2014 agreement will expire or asking us for our opinion on it is telling. They want this mistake to quietly go away.

As for the members who are already being wrongfully subjected to one day hearings because they were not filling temporary vacancies in their license areas, I was informed that the UFT does not agree that the process is legitimate. NYSUT lawyers will fight against the one day expedited termination hearings as not being proper for rotating ATRs who were not in temporary provisional vacancies. This is positive news as the Department of Education is clearly misapplying this provision. The UFT agrees with the ATRs on this issue. We are pleased that the UFT is backing the ATRs wrongfully subjected to this process.

My disagreement with the UFT is over why they are not objecting very loudly over this. The DOE claiming that someone is in a temporary vacancy when they are not is bad faith at its worst. I am not certain that the actual hearings are the only place to battle here. Chancellor Carmen Farina should be exposed over it. None of these hearings should go forward. Going through arbitrators who must please both union and employer to remain on the panel is a gamble when the employer is acting so outrageously as to make up temporary vacancy assignments out of thin air.

In addition, I still have to wonder why our NYSUT lawyers sent form letters to members who clearly were not in temporary vacancies about the expedited process that our union believes is not proper for their dismissal hearings as if the process was legitimate,

UPDATE I tried the link to the teacher's contract and it is not working. Other contracts still come up. I wanted to print the new ATR rules here and will as soon as they are up again.

21 comments:

Bronx ATR said...

Thank you.

Francesco Portelos said...

Whenever I hear someone ask "Why doesn't the UFT..." The answer is almost always "...because they are a COMPANY UNION.

Anonymous said...

Loved the weekly rotation.

Anonymous said...

One week with Cruz is enough for me. In and out before they know your name!!!!!

Chaz said...

Good news! I agree with you that the union finally realized that the DOE was abusing the ATR provision but was embarrassed to admit it and is now allowing it to sunset

As late as a month ago the union leadership was willing to extend the ATR provision but I guess the DOE's misapplying the regulations made the UFT realize that its better to sunset it than change it.

Anonymous said...

Can provisions be added or deleted to the 2011 agreement? Can the DOE and UFT come up with a new agreement before September?

ed notes online said...

Don't totally ignore the impact of the uft election. Opposition voices totaled over 12000 votes. They are hearing footsteps. The higher the opposition totals the more they will be responsive. Randi must be working politically to get them not to ignore stuff and do a better job at co-opting.

Brian Quinn said...

Will field supervisors still be around?

Anonymous said...

I agree with ed notes onlinne. Mulgrew actually addressed working conditions the last two delegate assembly meetings. This is good news for long suffering teachers who were being disregarded by their union.

Anonymous said...

What about field supervisors? Thanks for all the info. Our union doesn't tell us anything!

Anonymous said...

Is this definite? I havent seen it in print.

Anonymous said...

Here is the funnier part of all this...
If the UFT has supposedly allowed the 2014 ATR Contract to "sunset" and we revert back to the 2011, then what ALL THE CASES and ALL THE ABUSIVE BEHAVIOR that ATRs faced are now a "wash"... Hmmmm???
All the expenses for finding lawyers and abusive exposure must be "washed under the sunset" because the UFT/Union made a 'mistake' or 'covering their tracks'... hhhmmm???
It's good to look at the "brighter side" of this and say, "We revert back to 2011!" however, there has been (4) years of misconstrued policies and "provisions" that have gone under the radar and for some reason ATRs are suppose to say, "WHEEWW DODGED THAT BULLET!!"
Well delegate assembly meetings always seem one sided and after the fact missives, and going back to "rotations" are just as disastrous because ATRs will still be subjected to harassing ATR Supvs who will continue to undermine an ATRs progress.
So picture more horror stories and harassment because ATRs can't get their foot into a door of any school wanting to hire them since they are "temporary subs" and here the story goes again...
There are ATRs biding their time to retire and there are those still between 10-20yrs trying to find a position and this will never be addressed because it's the ELEPHANT IN THE ROOM at every delegate meeting.
NOW WHAT...???
One may say, "baby steps" .... this only works for those who think optimistically, BUT this WHOLE SYSTEMIC DISREGARD BY THE UNION has been going on during BLOOMBERG and continuing through DeBLASIO - so what progress has been made...???
An ATR Contract gone to "sunset" ...
OR
An ATR's career being turning into a "rotating substitute"???
As we will see in 2016-17, how much longer can TEACHERs depend on anything the UFT/Union will contribute to a teacher's career track / longevity. Clearly, Farina can only type a "BRIEF" last day EMAIL BLAST that says a lot about her leadership and level of interest as a master teacher/leader - OHHH... she doesn't have to say much, she's using the common core protocol - read between the lines - you may get the message if your a critical thinker!!!
As many UFTers/Union delegates will chime in and say, "BUT, YOU STILL HAVE A JOB!!!" That's just it - "A JOB!!" and "NOT A CAREER!!"

Anonymous said...

Lets get this confirmed first...And even if its true, they could always stick you in a provisional for the year.

James Eterno said...

Yes.

James Eterno said...

I heard it from a UFT full time rep.

Liz Simpson said...

I know the feeling Francesco whenever I hear, "Francesco is an asshole..." I say, "You don't know Frankie like I do. He and I are one, whether it be in the shower, the bed, or wherever." We'll always be ONE Frankie. I love you as much as you love yourself. I'll never leave you.

Anonymous said...

A lousy job.

Anonymous said...

They are in total panic that they only won with 3/4 of the vote.

ed notes online said...

We had a very good discussion at the ICE meeting on Thursday on fair student funding - the history and the outcomes. Someone is writing up some proposals for MORE to use in raising the issue. We must remove the salary disincentive but we will never remove the seniority disincentive where if an ATR is hired they jump ahead of the new teachers in the school for excessing. That issue is also prime.
I wonder at the reaction of ATRs if the union went back to the old pre-2005 ways where ATRs are eliminated and everyone is assigned to a school and must accept it. Conditions are so bad in so many schools with abusive principals it is like playing Russian roulette. I can imagine the DOE giving principals under the table headhunting bonuses for each former ATR they chop. Model they can use is Guantanomo where released people must be taken in by a country.
Norm

Anonymous said...

Being force placed is the absolute worst option.

James Eterno said...

For people who came from closing schools the contract gave teachers the widest range in placement. Teachers were given a wish list of 6 schools and they got one of them. This could easily be done now free of charge to principals.