MULGEW'S UNITY CAUCUS AGAIN VOTES DOWN RESOLUTION CALLING FOR TWO OBSERVATIONS PER YEAR FOR NYC TEACHERS

The MORE-NEW ACTION Executive Board members last night attempted to do essentailly what I did at the Delegate Assembly in January by introducing a resolution calling for the UFT to push for two observations per year for NYC teachers as per state law. The Unity majority, many of whom are not rated on Advance, vote it down to no one's surprise just as they did at the DA in January.

Unity thinks we are better off with all of us having more observations.

During the question period, Secretary Howard Schoor even said that we don't have a right to statistics, such as how many of those alleged 3000 U rated teachers under the old system were charged in termination (3020a) hearings.

We also heard in Arthur Goldstein's report about a principal from hell at Tottenville High School. The UFT's response is they are working on it behind the scenes.

Also, as we predicted last week, Mulgrew is blaming the federal government for upcoming local budget blues as our contract comes due next year. I can just about guarantee the city will be broke by 2018 when our contract expires, no matter how well the economy or Wall Street are doing.

I will say it again ladies and gentlemen after reading this depressing report that we have two options:

1-Rise up en masse and vote out Mulgrew's Unity Caucus (almost impossible to do without a massive commitment from the rank and file)

OR

2-Decertify the UFT as our union at the high school, middle school and/or elementary school level or all three together and start over as a new union (also very difficult requiring massive member involvement as 30% of teachers at each level must sign a decertification petition)

Conditions are not going to improve if we just sit around complaining (or blogging) or if we all stop paying union dues. 

God knows we need a real union now more than ever.

UFT CHAPTER LEADERS ARE NO LONGER THE UNION IN SCHOOLS

Protocols are important for the functioning of any organization. When I was first elected Chapter Leader of Jamaica High School way back in 1996, I remember going to Queens High School Chapter Leader meetings and being overwhelmed with all of the information we received from UFT District Representative Danny Foceri. One of the most important points he hammered into the Chapter Leaders was that we Chapter Leaders were the Union in each school. It wasn't President Sandra Feldman or Danny Foceri or anyone else who represented the UFT at the school level; it was the Chapter Leader.

To make this point even more forcefully, the accepted protocol was that UFT officials from the President on down went through the Chapter Leader in order to be invited into a school. For UFT officials to go around the Chapter Leader to do their own event in a school was unheard of in those days of yore when the UFT still functioned as a labor union.

I read with disgust on Saturday Arthur Goldstein's post as Unity Caucus (Michael Mulgrew's political party that runs the UFT) has arranged to do a UFT event in a school without first going through the Chapter Leader.

It seems the two UFT High School Vice Presidents have set up a Meet the Vice Presidents afternoon for Francis Lewis High School, where Arthur is Chapter Leader, but they have not asked for his ok. To put it another way, the Unity Vice Presidents have invited themselves into Francis Lewis.

Here is part of the NYC Educator piece:
Yesterday, a Unity rep who went behind my back to arrange an event in my school told me he was sorry that I "felt" high school teachers have no representation in NYSUT and AFT. Here's the thing--it's not something I "feel." It's something, period. And when UFT Unity ignores elected chapter leaders to do any damn thing they feel like, it's counterproductive and stupid on multiple levels.

For one thing, there's no need to run around backstabbing people and doing things surreptitiously. We can get things done that benefit all of us by communicating directly. I can't speak for everyone, but I'm not really big on dirty tricks. I don't see the point in cooperating with people who deliberately deceive me. I'm busy, I have priorities, and I'm not wasting time playing juvenile games.

I have some news for High School VPs Janella Hinds and Sterling Roberson as well as Queens Borough Rep Amy Arundell and High School District Rep James Vasquez:

Arthur Goldstein represents the UFT at Francis Lewis High School. If you want to do a Meet the Vice Presidents event there, you should go through Arthur and he should be approving it and arranging it with the Principal, not you or your people.

This is just the latest slap in the face of a school union representative that shows how the UFT no longer functions as a labor union but is a top-down organization that has completely lost touch with how a union is a democratic organization.

The UFT members at Francis Lewis and the high school teachers citywide have elected Arthur Goldstein to be their representative at the school and Executive Board level. Ms. Hinds and Mr. Roberson only have their VP jobs because middle school teachers, elementary school teachers, non-teachers in the UFT and retirees are allowed to vote for the High School VPs. High school teachers did not elect these two. Unity's candidates lost the High School Division by 5 percentage points in 2016.

Sterling and Janella should show professional respect for Arthur, who was elected by a majority who voted in his school and the high school division, by letting him decide if there should be a meet the Vice Presidents event in his school.

The least Unity Caucus can do is follow some rudimentary etiquette.

UFT-DOE PAPERWORK RESOLUTIONS

This document from the UFT was up on MORE's Facebook page. I find the document fascinating in that the UFT resolved many paperwork complaints but I am willing to bet that most schools do at least two or three of what is on this list. Please tell us that isn't so.

VOTE NO ON CON-CON ADS UP

As someone who was disappointed with the UFT commercial that has been playing this month, I have a different outlook on the ads NYSUT is part of that are opposing the Constititional Convention.

I have donated directly to the cause and encourage all to do the same. You don't have to give to COPE to contribute to the VOTE NO ON Prop 1 campaign.

Video 1

Video 2

Video 3 (NYSUT Halloween Theme)

Has anyone seen any of these yet on television?

SIGN AFL-CIO PETITION SUPPORTING UNIONS AND WORKERS

This came in my email from AFL-CIO President Richard Trumka.

Here is a link to take the AFL-CIO pledge.

Share this Image to Support Working People's Freedom!

Thank you for taking the pledge to support working people's freedom. When working people join in union, we can negotiate for fairness in the workplace and in our lives.

PODCAST CONFIRMS ICE VIEW OF PBA BARGAINING POSITION

Our week of salutes to the Chief Leader concludes today as we urge everyone to listen to a podcast done by their editor Richard Steier and reporter Bob Hennelly. Thanks to Reality Based Educator for sending it to us.

These labor experts predict exactly what we did yesterday. The city will force the PBA to go to arbitration. They will then settle on a subpar deal with UFT or DC37 that will set a pattern that the arbitrators will impose on the PBA.

The reporters called DC37 and us reasonable unions. RBE in comments here and on his blog calls the UFT a company union. I think he has it more accurate.

Please listen to the podcast and educate yourself.

CITY PLAYING HARDBALL WITH THE PBA; EXPECT THE SAME FOR UFT

As the City of New York continues to enjoy a robust economy, Mayor Bill de Blasio's administration doesn't want to share any of the good times with their hard working employees.

The Chief Leader is reporting on the city's contract offer to the PBA:

 The Patrolmen's Benevolent Association appears to be bound for contract arbitration after the de Blasio administration on Oct. 18 presented a wage proposal of just 4.25 percent in raises over a 42-month period and asked the union to fund it by forsakiing key benefits including its annuity fund and the right of future members to a Variable Supplments Fund, while also providing its share of $2.4 billion in health-care givebacks that will be sought from all municipal unions.

Further down is this gem:

PBA President Patrick J. Lynch, in a letter to union members that was obtained by this newspaper, wrote that "the city's own negotiators confirmed that their intention is to provide PBA members with 42 months of net-zero raises, and that any wage increases must be 100% paid for through a list of givebacks."

That means the city is proposing a pattern of 0% for municipal employee raises.This is unbelievable considering the financial state of the city but very believable because of the complete weakness of the labor movement in NYC, including the PBA.

The PBA will almost certainly have their contract settled in binding arbitration. The ICEBLOG predicts they won't get far there. The ICE crystal ball shows arbitration will do the PBA little good because before their case is heard, the city knows they can just bring in a pathetic municipal union such as the UFT or DC 37 who they will offer a few crumbs to and one of these unions will jump at it. It will set a wage pattern so all of the other city unions will be stuck with whatever that pattern is. Pattern bargaining has been upheld by arbitrators for decades. The uniform unions like the PBA may get 1% more than whatever that abysmal civilian pattern is but you get the idea.

While the city economy is outperorming the nation, we all know the financial gloom and doom is coming since labor contracts are due. Ours expires November 30, 2018. The city is projecting budget deficits of $3.4 billion for 2019, $2.8 billion in 2020 and $2.3 billion in 2021. They will close those gaps in part by setting a lousy pattern for contract raises. The city is also forecasting that they will be increasing salary spending by 10.3% over the next four fiscal years but they believe fringe benefit spending will rise by 23.7%. Hence, the city will cry poverty and insist on givebacks that the UFT/DC 37 will buy hook line and sinker and then sell to us. Count on it. They will more than likely blame Donald Trump's federal budget for the situation.

UFT will then claim a huge contract victory because they will say the city wanted to fund 0% raises and we got got them to agree to fund something, however small it is.

Why do the unions continually accept the city's budget propaganda that leads to subpar wage and benefit settlements in every contract for city workers? The answer is simple:

None of the unions have any leverage because the city knows we will never threaten any kind of job action. Workers that cannot or will not stand up for themselves are at the mercy of their employer.

It will only get worse after the Supreme Court allows public sector workers to opt out of union dues next year. We will be even weaker.

CHIEF LEADER DOES EXCELLENT ATR FEATURE

The Chief Leader is the first place to turn to for civil service news. They report worker views in a detailed and fair way. Crystal Lewis wrote an absent teacher reserve article this week that really describes what an ATR goes through. I would like to join everyone else in praising this piece and thanking the ATRS who spoke to the press.

Preparing for Return to Classrooms, ATR Teachers Lament Unfair Stigma

• By CRYSTAL LEWIS
• Oct 23, 2017 Updated Oct 23, 2017

A POOL WITH NO LIFE PRESERVERS:
Karen Sklaire, an award-winning
theater Teacher who has worked
for the city for 15 years,
was placed in the Absent Teacher
Reserve pool in June. ‘You can see
it in people’s faces: they’re thinking
“Oh God, what did you do?”’
she said in describing the stigma
of being an ATR.

Go to the cite to read this excellent piece.

MTA BROOKLYN BUS DRIVERS AT SPRING CREEK DEPOT DUMPING THEIR UNION

For people looking for precedent for public employees in NYS decertifying their union and starting a new one, look no further than Brooklyn where the MTA bus drivers at the Spring Creek Depot have signed pledge cards to drop the Amalgamated Transit Union and start their own union.

These workers have been without a contract since 2012.

From the Chief Leader (Most of the article is behind a pay wall.):

Spring Creek Drivers Look to Bolt ATU To Create Own Union By BOB HENNELLY Bus drivers who work out of the Metropolitan Transportation Authority’s Spring Creek Depot in Brooklyn are one step closer to breaking away from Amalgamated Transit Union Local 1181 and forming their own union after winning the right to vote to do so when the Public Employment Relations Board last month ordered a decertification election that is expected to be held in November. Read more

Since our October 5 post came out on what it would take to fix the UFT internally or for the high school division to oust the UFT and start a new union, we have received some inquiries and several commitments to help with fragmenting the high schools into a separate bargaining unit but not enough to make anyone at the UFT sweat.

Due to the fact that the UFT is a huge union, we would need a monumental effort with at least a hundred high school activists (or middle school or elementary school activists for their divisions) obtaining scores of signatures to get a showing of interest petition to the Public Employees Relations Board. 30% of the approximately 20,000 high school teachers would need to sign the petition to get it to PERB.

Our main point in writing the October 5 post was to say that bolting from the UFT and starting over or fixing it from within would both require massive undertakings. If teachers in much larger numbers than are currently involved, are willing to become active, we can make a difference. If, however, folks have given up on the prospect of a real union, then conditions in the schools will continue to deteriorate. It's too late to just blame Michael Mulgrew for that.

Union power comes from a rank and file willing to do whatever it takes to improve working conditions, not from a leader. Leaders can only help move the center of gravity in the right direction. Our colleagues need to be persuaded that it is in their interest to become involved in a militant, activist union.

As my colleague now retired Chapter Leader from Bryant High School Sam Lazarus repeatedly says:

"The two problems with the UFT are the leadership and the membership." 

We can't solve the leadership problem without first activating the membership. It is up to all of you and make no mistake about it, nothing will be easy.

HIGH SCHOOL TEACHER EMILY JAMES MAKES THE CASE FOR PAID MATERNITY LEAVE

Emily James is the Brooklyn high school teacher who started a petition at Change.org for the UFT to negotiate family leave rights for parents. Her petition has over 80,000 signatures. It has also ignited an intense debate here between those who favor her position and others who don't think the rest of us should have to pay for it as the city is insisting.

Here is the op-ed Emily wrote in the Daily News this weekend. Her introduction is powerful:

"Miss, why are you here? You need to go home.” These are words my students have said to me many times, on days when I sit at my desk, suffering from strep throat or an infected wisdom tooth, incapacitated, but out of sick days and unable to afford to lose a day’s pay.

Am I chronically ill? No. I am a teacher and a working mother in a New York City public school.


Under the current state of weakness of our union, there is virtually no chance of us getting a paid family leave benefit, or any other, without either a lower raise in the next round of collective bargaining or some kind of giveback.

Employees at large paying for paid family leave is a pattern set by the new state law which grants paid family leave in the private sector.

This is how New York state law is charging all employees for eight weeks of paid leave at a maximum of half of New York's average weekly wage which is $1,305.92 a week.

From the state:
Does Paid Family Leave cost me anything?
New York’s Paid Family Leave is entirely employee-funded. That is, the benefit is paid for by employees.

Employers may collect the cost of Paid Family Leave through payroll deductions. The maximum employee contribution in 2018 shall be 0.126% of an employee’s weekly wage up to the annualized New York State Average Weekly Wage.

Emily James, in addition to the Daily News piece, spoke last month at the UFT Executive Board. Over at Ed Notes, Norm  posted the case Emily made at the Executive Board on Monday followed by something one her co-worker sent in:

Thank you for having me. I’m here to shed light on an issue that has long been important to the parents and children of the DOE. In 2012, I got pregnant with my first daughter. I was so excited, like most first time mothers are. But I didn’t realize then what I know now: that pregnancy marked the beginning of new life for me, not just because I would become a mother, but because I would embark on a long financial struggle that would continue with me for years. My decision with my husband to create a beautiful family of four has left me with my life savings depleted, and in a constant state of panic over not being able to get out of my negative balance.

My story is not unique. Back in May, I started a petition to ask our union to help fight for paid parental leave. Since then, it has exploded: receiving almost 80,000 signatures, and still growing. When I began this petition, I had no idea how many thousands of other women and men were affected by this poor policy. They wrote story after story of how much they have struggled and are still struggling. Women wrote that they are scared to begin a family at all because of this policy, and keep putting it off out of financial fear.  Some wrote about missing rent payments and fearing eviction because they had medical complications before birth and just did not have a cushion to lean on.  Some wrote about leaving the profession all together because they could not fit motherhood into their lives with this lack of support; It was easier for them to turn somewhere else. I received email after email of story after story about people who were so horribly affected.  I wanted to print out the petition comments so you could read all of the stories yourself. But the document was 684 pages long.

This should not be a thing! It should not be a choice for women to be excellent teachers to the students of NYC or to be mothers for their own children. As you know, when we become mothers to our babies, we have to use our sick days in order to be paid for up to 6 weeks, 8 weeks if a C section.  Most of us do not have enough days to cover that time, and if we already had a child, then forget it. Having a baby is not a sickness. Borrowed time is not maternity leave time. It is a loan that many women are never able to pay back. I have been buying back one day a month for a whole year and am still in a negative balance. I need that money to help with my two daughters, my mortgage, my life. This also becomes an issue of gender equality. Men are able to retire with many more days that they can cash in. When we retire, if we have decided to have and raise children, or stay with them until they are 6, 8 or 12 WEEKS old, we will have so many fewer days than most men.

Have you seen what a 6 week old baby looks like? Have you held one? Most of us have to drop that tiny child off to strangers and return to work, and we have had to pay out of pocket just to stay home with them for that short time. They do not sleep through the night. They are still breastfeeding. And then we return, in the negative balance, we are further penalized when we get sick, or when they get sick. Sending a mother of a six week old back to work to teach America’s youth, financially strapped, ridden with anxiety, exhaustion, isn't just bad for that mother. It's bad for everyone.

I'm sure I don't have to point out the irony here. But I will. We dedicate our lives to taking care of other people's children, we become second mothers to them, sometimes first. The system expects that from us, and we deliver. But when it comes time for us to do the bare minimum for our own children, the system forgets us, makes it impossible for us, tells us we are on our own.

This petition is not for me: I am done having children, but this needs to be changed for all of the mothers and fathers of our future.

There are close to 80,000 signatures for this petition. It has gained media attention, national attention, international attention. People are watching us, they are expecting more from us. Studies have shown time and time again that babies benefit immensely from being home with their mothers for the first year of life.  The teachers of the DOE need more.. They deserve more time, they deserve to be paid for it. Why aren’t we fighting for them? Let's not let them, or their children...who become our children...let's not let any of them down.

We pay you our dues dutifully month after month, year after year. You are the only voice we have. We are here in numbers, 80,000 strong, demanding in the most polite way we know how,  that you stop ignoring us, that you help us begin this fight, and don’t stop fighting for us until we make the situation right.

Emily's colleague who could not be here asked Emily to pass this on - I'm leaving her name off since she shares some private medical info.

I gave birth July 10, 2017 - 3 days before my due date. Teachers have said I was “lucky” to be due over the summer. It wasn’t luck. I have been trying to conceive for a couple years, but only had a small window - the month of October of each year. That would give me a late June - early July due date. My due date wasn’t “lucky” - it was meticulously planned. I used apps to track my cycle and ovulation and in October 2016 I bought an ovulation kit. I conceived that month. Had I not gotten pregnant, I would’ve waited another year to try again. I wanted to be due early/mid July. I NEEDED to be due early/mid July. You see, I did not have enough sick days to cover a 6 week maternity leave. I wouldn’t be able to afford taking any unpaid time off.

I only took 4 days off during the entire school year, 3 of them due to my severe morning sickness. I lost 21 pounds the first 6 months and at the time I gave birth, I was still under my pre-pregnancy weight. My pregnancy was considered high risk because of a previous health condition. Despite numerous days of debilitating morning sickness, even in my third trimester, I went to work. There were mornings I vomited in the trash can outside of the school as I waited for security to open the doors for the day. Despite almost passing out on the train station platform during my morning commute, on more than one occasion, I went to work. On the really bad days, I hunched over the platform edge and hurled onto the tracks, then continued to go to work. I could not afford to use any more sick days. I need them just in case I would have to be put on bed rest the last few weeks of my pregnancy. But I survived the school year.

I went into labor and was admitted into the hospital the morning of Monday July 10th. During labor, I ran a fever and had an infection. My daughter was born at 6:49p weighing 5lbs 13oz. My full term baby was the size of a premature baby. She would be in the NICU for the next three days because of my infection.

When I went for my six week postpartum check up on Aug 20th, my doctor recognized I had some postpartum complications and advised I not return to work. Despite being advised to take a significant amount of time off, I quickly referred to the school calendar to figure out that I only had enough sick days to take September off (17 working days). I could not afford to take any unpaid days off.

As of today, September 25, 2017, I am preparing to return to work in a week. My health and well being will just have to take a back seat. My daughter, who is only 11 weeks old as of today, will have to take a back seat.

We are trying to be fair here at ICE. Here is a comment I made in response to people opposing paid family leave or saying the city should pay for it. This is from our September 26 posting.  I agree the city should pay and not give us a lower raise as a result but...

James Eterno said

Let's be serious here. Read the posting. The DOE is not even giving people on unpaid leaves their interest free loan repayment on time. The DOE is making these people wait a year for their money.These officials who have zero heart are suddenly going to grant parental leave without givebacks? I don't think so. The only way we get this without givebacks is if we were able to use our collective power to fight for it. That is not happening just based on the lack of solidarity here. Expect a smaller raise or some other giveback in exchange for parental leave. The UFT is only arguing that the giveback should be much less than what the city managers had to give.

Tuesday, September 26, 2017 4:34:00 AM

 Anonymous said...

James, that is the entire point. We ARE expecting givebacks and that is why the majority of people posting here are angry. We are pissed at the mere thought of givebacks. We would rather see not paid maternity paid leave if there are givebacks. We are not women haters here. We are rational men and women who understand the deep responsibilities and ramifications involved in planning and raising a child. We understand that having a child is a planned choice and is different from getting ill where insurance is needed. We do not think that it is fair that we will end up losing sick bank days or a possible larger raise to fund paid maternity leave especially if we already had kids or choose to never have kids of our own. Paid maternity leave punishes those of us who are responsible enough to pay for kids on our own or who choose to never have kids. If the city wants paid maternity leave based on givebacks, the only people who should be effected by this are those who are planning on having kids. Maybe set up a system where teachers who want kids can opt in to a paid maternity leave plan where they get less sick days per year or a reduction in pay. I was talking about the possibility of teachers loosing sick days to pay for maternity leave with a group of female teachers yesterday and they all agree that it is not fair to those of us who choose to never have kids.

Tuesday, September 26, 2017 5:02:00 AM

A follow up:

Tuesday, September 26, 2017 6:47:00 PM

 Anonymous said...

Chances are if a future parent doesn't have three or more children then they will actually lose money from any "deal" that is made. Nobody is going to be smart enough to run the numbers. Most people having kids will be younger and making less money. Even giving up a half percent will bite them in the rear over the long run. Forget about the rest of us who had kids already or will never have any. 

This important discussion is taking place here at ICE. I am good with that. Just try to stay on topic and be professional.

DC REPUBLICANS GOING AFTER MIDDLE CLASS RETIREMENT SAVINGS

Reality Based Educator sent me this piece from the NY Times this morning on the Republican plan to slash 401(k) contribution limits to as low as $2,400 a year as part of their scheme to lower taxes for the wealthy. It is safe to assume our 403(b) accounts (TDA's) are being considered for contribution limits too.

Here is RBE's email:

James,

Red alert. GOP plans to limit 401(K) contributions to $2400 a year in order to force people to put money into ROTH accounts that make you pay taxes up front. The additional tax money will then be used to give rich people and corporations tax cuts. The Republicans are planning this in secret, will roll the plan out quickly and force a quick vote before opposition can mount. Coupled with the elimination of the state tax deduction, this will cost teachers thousands a year + a decent retirement nest egg.

I have been calling ALL Republican members of the House this morning in NY State and letting them know we KNOW what they are planning and we will hold them accountable politically if they do this.  I urge you to post this on the blog, along with contact info for the House, to get readers to start making calls and make sure these Republicans know they're not going to get away with this without a fight.

Here's a link for all House members in NY:

https://www.govtrack.us/congress/members/NY#representatives

New York Senators, Representatives, and Congressional ... www.govtrack.us Find your U.S. Congress senators and representative in New York using a map.

MULGREW TO DELEGATE ASSEMBLY: THESE ARE BEST OF TIMES FOR NYC PUBLIC SCHOOLS

I sat at the Delegate Assembly Wednesday thinking I work in a totally different school system than UFT President Michael Mulgrew. Mulgrew listed a long list of UFT and NYC school system triumphs. I thought I was at a high school pep rally at times although the applause was rather tepid.

He told Delegates NYC high school graduation rates are the highest ever, test scores are up (we have an ad running that says all of this), only 214 teachers were rated ineffective last year under the new evaluation system compared to over 3000 under the old satisfactory or unsatisfactory system, and the lump sum payments are in our bank accounts for the most part. He added the school year was off to a great start before the tragic stabbing in the Bronx; we only have to use our consultation committees for principal and superintendent issues to be resolved; consultation can even lower class sizes; SESIS has improved and everyone's been paid for work they did; and more. The overall tone was very upbeat. As the UFT commercial says, "We're making history."

ICE blog wants to know is this the best of times for NYC schools and for teachers?

Mulgrew did concede there are challenges: the Constitutional Convention, the whacky federal government and Janus. We are with a coalition of 600 organizations including the Conservative Party to get the no vote out on November 7; next year we will win the midterm Congressional election to fix DC; and the UFT will go door to door to convince over 100,000 members to stay in the Union when the Supreme Court makes us a right to work country. Face-to-face contact with our members will save the UFT.

• Are you feeling the love at school?

• Since so few teachers are rated ineffective, are you feeling secure in your job?

• Is the graduation rate real?

• Do you feel protected if you turn to the Union?

• Do your friends who are UFT members feel like Mulgrew that the NYC public schools are a beacon of light giving hope to public school supporters everywhere?

I can talk about how the Department of Education is ignoring effective ratings and discontinuing untenured teachers anyway or how tenured teachers with no ineffective annual ratings are being charged in dismissal hearings, how the minimum 4 observations for teachers are brutal, how there is no student discipline in many schools, how there are plenty of administrators who ignore the UFT contract, how there are useless CTLE hours teachers have to endure and more but what do I know?

• While Mulgrew conceded conditions in the schools could improve, is he right that the NYC schools are a major success story?

• Are we just a small group of disgruntled complainers?

Please answer. We need the anecdotals. Tell us the level, borough and district where you work.

Thanks.

LIVE BLOGGING FROM OCTOBER DA (unedited)

First UFT Delegate Assembly of the 2017-18 school year is today. Sorry in advance for any errors from the smartphone.

President's Report
Michael Mulgrew started by having a moment of silence for Mark Schaefer, long time CL, who passed away.

City
UFT proud of what we do. Showed UFT commercial. Teachers who made commercial introduced themselves.

National
Janus, other craziness. State and city budgets start July 1. No common sense about federal government. President proposes getting rid of children's health program. State will pick it up but state looking at $4 billion hole. City doing OK but if federal cut goes through, state will have $8 billion hole. State and city cannot do budgets because of federal situation. Education cut to bone in many states around the country. Instability in DC will impact states and cities soon.

Disasters: UFT there in Houston, Florida and Puerto Rico. Puerto Rican union distributing aid through their building. We will help in California too.

State
Word has gotten out about ConCon. Email Paul Egan if you want a lawn sign. 600 organizations involved, not just unions. Conservative party head in odd coalition with us.

Are we talking to colleagues to vote no on constitutional convention? Magnets to vote no. Nov 7 election day also anniversary of first UFT strike in 1960. Mayor's race also. Happy enemies are reluctantly conceding point that school system is doing better.

SUNY changed regulations for charter schools so it is easy to certify teachers. Turnover rate 40% a year in charters and 50%in Eva's schools. We sued them. Teaching is a profession. Board of Regents looking to have new accountability for charter schools. First charter school high school started with over 70 kids and now has 18. There will be 100% graduation of the 18 that are left. Happy Board of Regents will hold charters accountable. Public schools have 76% high school gradutation rate even with kids sometimes moving to different schools within the system.

City
Year off to good start until student was murdered in class in the Bronx. Young staff. Signs were there and DOE did nothing. Angry at DOE. Why do they give surveys if they ignore that there were bullying problems?
Thanks people at school.

Schools
Emphasize consultations. Superintendents on our radar now that we have information from hundreds of chapter leaders. If superintendents won't deal with issues, we will deal with it at central level. DOE has sent out instructions to resolve class size grievances. Bring it up in consultation.

Paperwork
Good results from paperwork complaints from last year. Chapters have power to stop five page unit plans and curriculum maps.

OPW
Certain things should be exceptions.

Professional Conciliation
Procedures set up to ask for conciliation on line.

SESIS
Money from grievance went out. SESIS inquiry on UFT website.

Lump Sum Payment
By next week everyone should get it. Since it is wages, it is taxable and union dues come out.

Evaluations
Based on matrix. Pick multiple measures. We went from 3000 U ratings to 214 ineffectives. Principals and Superintendents think we are usurping their authority. Does anyone want to go back to principal's having total control over ratings?

Making Strides
We raised over $1 million this weekend. Thanks borough coordinators.
Raffle to raise more money.

CTLE
Trying to get DOE to partner with us. Must be certified CTLE course that state certifies with attendance and proper insructor. DOE has finally agreed to partner with us. PD in contract. Some schools have PD that counts.

ELL conference 1200 showed up last Saturday. Chancellor there. Might have had a breakthrough with DOE on CTLE because of this.

Artie Pepper wins Cogen award at Teacher Union Day. UFT did 1.4 million prescriptions last year.Among 1% who have no premiums for healthcare.

UFT welcome center open.

5600 teachers hired this fall.

Janus: We will probably take a brutal loss according to lawyers in case and become a right to work country. Goal is to weaken unions. We stand in right wing's way. UFT largest local in country. We will be targeted. Goal of right wing is to take away our ability to stand up to them. UFT trying to visit every member at home. Some visits will be tough. Need a group of people to be trained and go door to door. Need face to face contact. Need delegates to do this work. Will give a stipend for this work.

Staff Director's Report
Leroy Barr asked about people to sign up for campaign to go door to door to talk to members. Want to talk to over 100,000 members.

Phone banks open for Nov 7 election. Turn ballot over to back to vote no on con con. Need people to get involved.

Other dates announced. New teacher meet and greet, etc...Next DA November 8

Mulgrew back
Negotiating with city on paid family leave. City coming in right direction but they still want us to pay for it. Don't want march of the onesies.

Question Period
Question: Do we have to upload daily lesson plans on Google docs?
Answer: It is ritualized collection of lesson plans even if it is electronic.

Q March on Albany on new charter certification requirements. Are colleges impacted by dumbing down certification requirements?
A: Governor did not do this. Governor has pivoted. He wants to win back Congress. We have lots of enemies. Have to work with people we might not like on certain issues.

Q: Pension money used for affordable housing?
A: Yes it happens. Trustees vote on investments and they get returns. Pension funds growing.

Q: Advisory ratings issued. How to ensure they aren't used against us?
A: It is in state law that they must be issued.

Q: Is it insubordination not to follow principal's strong suggestions?
A:No

Q: We have to report on kids what about teachers who are harrassed?
A:No, call Office of Equal Opportunity.

Q:Teachers writing annual goals?
A: Post consultation notes and contact Debbie Poulos.

Q:Why don't we get Vets Day off?
A: DOE policy. It is not in contract.

Motion Period
No motions

Special Orders of Business
One resolution was on preserving DACA, one on aiding hurricane and wild fire victims and one on supporting NYC March for climate justice.

Nothing controversial. All passed. The DACA resolution was amended to not let Nicole Malliotakis sue to get NYC ID info out.

HOW SHOULD DISSIDENTS IN THE UFT RESPOND TO IMPENDING UNION LOSS IN SUPREME COURT?

The Nation has a great piece on how the right wing Supreme Court is about to take aim at worker rights in its current term. Union dues in the public sector will almost certainly become optional in 2018. The public sector will become a right to work environment soon with the case of Janus vs. AFSCME

The Nation explains Janus:

At issue are “agency fees,” which unions sometimes charge non-members. By law, unions must negotiate on behalf of all workers in a bargaining unit. Thus, all workers in a unionized shop enjoy the higher wages and better benefits that often come with unionization—according to one study, unionization raises wages by about 12 percent on average. To prevent non-members from free-riding off the union, union contracts often require every worker to pay their fair share of the bargaining costs, regardless of whether they join up. Without such an arrangement, the union risks becoming so starved of funds that it can no longer operate.

Janus, however, asks the Supreme Court to declare these agency fees unconstitutional, at least in the context of public-sector unions—and it relies on an exceptionally aggressive reading of the First Amendment to do so. 

Later, The Nation predicts that it is all but certain the unions will lose.

How do all of us who have been opposed to Michael Mulgrew's dominant Unity Caucus in the UFT prepare for the impending Janus storm?

• We can stand behind the Union and encourage everyone to do the same. The UFT is in need of electoral reform where there is real accountability but the Unity majority is virtually guaranteed to resist any changes that would threaten their total control of the Union. Still, we have a job that pays six figures annually for those of us who can last and the benefits are pretty good. The UFT has to get some credit for that. 

• We can organize a new union based on voluntary contributions so Janus won't matter. We wrote about this for high school teachers on Thursday, October 5. It would require a level of member activism up to now unheard of in the UFT (as would fixing the UFT). A new union probably wouldn't get bigger raises because of pattern bargaining (a weak union like the UFT settles on a wage increase and other city unions are stuck with the same settlement) but on working conditions, restoring teacher dignity and enforcing a contract some of us believe we could do better in our sleep upholding teacher rights compared to the UFT.

• We can encourage people to keep their dues and not bother with a union. That is truly cutting off our noses to spite Mulgrew's face. Can anyone cite any examples of workers who are better off because they no longer have a union? I can't think of one.

My guess is sadly some people who read this blog will choose the last option. 

IN POST JANUS WORLD WILL UNIONS HAVE TO SUPPORT NON-MEMBERS?

There is a very interesting piece in Slate Magazine on the future of public sector unions after we more than likely lose the Janus vs AFSCME case.

Does a post Janus union have to represent someone who refuses to join the union? Slate's answer is no and I would concur.

This is a major part of the Slate piece:

The National Labor Relations Board describes non–union members’ “right to fair representation” from unions as follows:

Your union has the duty to represent all employees—whether members of the union or not—fairly, in good faith, and without discrimination. This duty applies to virtually every action that a union may take in dealing with an employer as your representative, including collective bargaining, handling grievances, and operating exclusive hiring halls. For example, a union which represents you cannot refuse to process a grievance because you have criticized union officials or because you are not a member of the union.

As professors Catherine Fisk and Margaux Poueymirou have persuasively argued, though, if the Supreme Court holds that compulsory fair share fees are unconstitutional because they require non–union members to spend money on political causes with which they disagree, then compelling unions to expend their own scarce resources advocating for the benefit of nonmembers would similarly be unconstitutional “on the court’s own analysis.”

But the violation of unions’ First Amendment rights is more severe than merely compelling them to spend money. In addition to depleting unions’ resources, compelling unions to advocate on behalf of nonmembers who frequently oppose their very existence represents a severe violation of unions’ First Amendment rights to determine their membership and the terms of their association.

The Supreme Court has held over and over again that governmental interference with a private group’s membership requirements “may impair the ability of the original members to express only those views that brought them together.” Given this reality, the court has long recognized that “[f]reedom of association therefore plainly presupposes a freedom not to associate.” The Supreme Court expounded on this principle in a landmark 2000 ruling, which held that the Boy Scouts of America had the right to expel a gay member, lest the organization lose its “ability to advocate public or private viewpoints.”

In other contexts, allowing the government to force organizations to advocate on behalf of people who oppose them would lead to results that most would properly regard as absurd. For instance, what would be left of the right to associate if the government could compel Republicans to allow Democrats to vote in their nominating conventions? Or force the Jewish Anti-Defamation League to promote the views of Nazis? Can civil rights advocates be compelled to permit the KKK to march with their members at parades, or vice versa? Simply put: Individuals are either free to define the terms of their association, or they are not.

AFT ASKS FOR DONATIONS FOR CALIFORNIA FIRE VICTIMS

What an insane period for the Union's disaster relief fund. The AFT is now appealing for donations for California wildfire victims. Here is the latest email from AFT President Randi Weingarten.

James,

I’m writing from Puerto Rico, where I’m spending the weekend working with our leaders and activists from the Asociación de Maestros de Puerto Rico and our volunteers from our healthcare and nurse locals helping deliver food and water and opening makeshift health clinics for people in San Juan and other regions of the island hard hit by Hurricane Maria.

It has been three weeks since the hurricane hit, yet on the ground it feels like it hit three days ago. Our union—understanding the importance of schooling—is working in communities to repair and reopen schools, despite a majority of the island still being without power and having little access to food, water and medical supplies. Many of our nurse and health professional members from the mainland have volunteered, and 25 traveled to the island on Oct. 4 for a two-week stint to provide much-needed medical care. They have literally been the difference between life and death for some. Everywhere we’ve gone, we hear that we are the first help to reach people. And the stories of so many who have lost so much are heartbreaking.

But their union is there for them, and the AFT Disaster Relief Fund donations you have so generously given are being used here, just like in Texas, Florida and the U.S. Virgin Islands, to help people survive and rebuild.
Now I must come to you again—a fourth time in just seven weeks—on behalf of our members who are facing another kind of natural disaster. Wildfires are raging through Northern California, destroying thousands of homes, schools and buildings. Already, at least 38 people are confirmed dead, with hundreds more missing.

The AFT and the California Federation of Teachers are doing everything to reach our members via phone, email and text to make sure they are safe and to see what they need. We’ve heard from members whose homes have been destroyed, members who lost everything as they fled from these terrible fires.

Please donate to assist our brothers and sisters in California who need our help.
It is times like this that we come together as a union and as a family to help our fellow members. As we did in Texas after Hurricane Harvey, in Florida after Hurricane Irma, and in Puerto Rico and the Virgin Islands after Hurricanes Irma and Maria. Now, we are asking for immediate help for our members through the Disaster Relief Fund, and we will be there for the long haul to help the rebuilding and recovery process.

I know we have asked a lot in the wake of these recent disasters, but please help our members affected by the fires by making a donation to the AFT Disaster Relief Fund.

In unity,

Randi Weingarten, AFT President
Joshua Pechthalt, California Federation of Teachers President


P.S. We’re still fundraising for our members in Puerto Rico and the U.S. Virgin Islands as well. Please click here to donate to that specific fund.

UNION DUES SHOULD BE THE SAME FOR EVERYONE WHO WORKED SINCE NOVEMBER 2009

People are asking me why do teachers and other UFT members have to pay union dues on our lump sum payment checks? The city is paying us back the second installment of what was essentially an interest free loan we made to the City/Board of Ed for work we did from 2009-2011. Other municipal unions received the money back then and it has been in their checks ever since that time but UFT members agreed to effectively loan our raises to the city when they finally settled our long overdue contract in 2014. The city cried poverty and the UFT agreed they were broke and couldn't pay us the money they owed us back in full until 2020. The second installment is on the October 15 check. It is 12.5% of the money the city owes us.

We already paid union dues on our original pay checks since 2009 so we shouldn't have to pay them again on the loan repayment (lump sum payment). Before 2015, we didn't pay union dues on retroactive checks or loan repayments because we already paid dues on that money.

If we accept the premise (I do not) that the UFT can take a little more because the money should have been paid to us at a higher rate back in those years, then according to the UFT's dues structure, every teacher who worked continuously from November of 2009 until now should have the exact same amount deducted.

This is from page 30 of the October 5, 2017 NY Teacher, a page called Notice of Dues Changes:

As approved by the UFT Executive Board and the Delegate Assembly on October 6, 1999 and November 3, 1999, UFT members' dues were reduced to .85 of one percent of the maximum salary of Step 8B plus L20 as defined in the teachers' contract plus the AFT & NYSUT pass-through.

All of us on the teacher pay scale should be paying a flat rate, not of our salary, but of Step 8B plus L20.

The Notice of Dues Changes says that all Full Time Teachers and Attendance Teachers had deductions of $58.31 per check, which has now gone up to $58.44 per semi-monthly pay period. There is no different dues schedule based on where a teacher is on the salary scale. On the lump sum, what we pay should also be identical for everyone who has been working continuously from November 2009 through now. We all were short for the same amount of pay periods.

Can anyone tell me why those of us working continuously since November 2009 have many different deductions for union dues on the lump sum payments? I don't get it or was this just another DOE mistake that has been corrected?

RAW STORY WRITES ABOUT TEACHER UNION-PUBLIC EDUCATION DEMISE

I read a piece in Raw Story about Education Secretary Betsy De Vos taking down unions and public education in Michigan and now going national to do the same.

As the Janus vs AFSCME Supreme Court case approaches where union dues are extremely likely going to become optional for government workers nationwide, this part of the Raw Story piece hit me concerning Michigan teachers leaving the union after they became a right to work state:

The demise of retirement benefits means that new teachers have little incentive to join the unions; the shrinkiing terrain of collective bargaining gives veteran teachers little reason to remain in them.

This is scary stuff. Without any union, workers will be in even more trouble than we are already in today. When the right to opt out of paying union dues comes to us, it seems to me that so many of the people who come by here are ready to cut off their noses to spite UFT President Michael Mulgrew's face so they will quit the UFT.

While it is clear that workers are so much better off by having a union, can anyone really figure out what our union, the UFT, does to organize and mobilize its members? Defending this union is not easy but the idea of a union I can promote enthusiastically.

We need a real labor union now more than ever. Is anyone listening and willing to help?

UNPLUG CABLE BOX AND MODUM FOR 24 HOURS FOR CHARTER SPECTRUM WORKERS SUNDAY NIGHT

This came in my inbox from UFT Staff Directors Ellie Engler and Leroy Barr. It's a real union solidarity action for striking cable workers.

When is labor going to try to get their NYC franchise revoked by our friends the mayor and the comptroller?

Dear James,

We must stand united at this moment when our rights as unionized workers are under siege. Join us in an action to unplug your cable boxes to send a message to Charter/Spectrum that you support a fair contract for striking members of the International Brotherhood of Electrical Workers, Local 3.

• What: Unplug your cable boxes and modems for 24 hours
• When: Sunday, Oct. 15 at 10:16 p.m. until Monday, Oct. 16 at 10:16 p.m.

Almost 2,000 Spectrum workers are five months into a job action against the cable giant to keep the company from destroying their retirement and health benefits, unfairly disciplining workers and threatening job security. Read more about their fight in the New York Teacher »

We hope you'll join us in this effort to demonstrate labor solidarity.

Sincerely,

LeRoy Barr and Ellie Engler
UFT Staff Directors

UFT PUBLIC SCHOOL PROUD AD UP

I got an email from UFT President Michael Mulgrew yesterday introducing the UFT's latest television ad.

To me it kind of looks like a de Blasio campaign ad on how well the schools are doing.

What do you think?

Dear James,

We know you're proud of the work you do as educators. And you have every reason to be. Thanks to you, New York City public schools have their highest graduation rate ever, a record number of students enrolled in college-level courses and more computer science, music and art classes than ever before.

The UFT is committed to fighting for the working conditions, professional voice and resources you need to make a difference. Together, we're moving our schools forward.

Our new television ad celebrating our public schools will start airing this morning, and I wanted you to be among the first to see it.

With challenges looming in the year ahead from powerful forces looking to take away your hard-earned rights and benefits, it's more important than ever that we stand together as UFT members in support of the amazing work we do. Together, we are making history. Together, we are #PublicSchoolProud.

All the great work you have done as New York City public school educators made this ad possible. Thank you for everything you do.

Sincerely,

Michael Mulgrew
UFT President

PAYROLL PORTAL DOWN

The UFT sent out a text saying that some members have incorrect deductions on our October 16 checks. Consequently, the Department of Education has shut down the payroll portal.

Many of us can do some math but can we seriously tell if the DOE is paying us the right amount in these interest free loan repayment checks?

The UFT article is below:

Incorrect deduction information on DOE's payroll portal

published October 10, 2017

Some UFT members who have viewed their lump-sum checks on the DOE's payroll portal have noticed that their deductions appear to have been doubled. This information is incorrect.
The DOE verified to the UFT that the deductions shown on the pay stub in the portal are incorrect, but that the check displaying in the portal does reflect the correct amount.

The portal has been shut down while corrections are being made, which should take about a day or so. Please wait until the portal is back up and running before making an inquiry about your payment.

FRESNO TEACHERS AUTHORIZE A STRIKE

Out in California, the Fresno Teachers Association has voted overwhelmingly to authorize a strike.

A strike you say? In NY that word is never spoken among government employees. We are too afraid of the Taylor Law which makes strikes illegal in the public sector in "progressive" New York.

Never mind that an agency of the United Nations called the International Labor Organization ruled that the Taylor Law is a violation of workers' rights to free association and collective bargaining.

Why don't we tell our new progressive friend Governor Andrew Cuomo about this law that a UN agency says violates international law?

We can keep the Triborough amendment that allows expired contracts to remain in place until there is a new one. However, the two days pay penalty for each day of a strike and jailing union leaders as well as crippling fines on unions for striking need to go.

The Fresno teachers have been working without a contract since 2016.

A look at some of the issues out there shows that salary and health benefits are of course in dispute. They are also fighting over lower class size and student discipline.

From the Fresno Bee piece:

The FTA also wants a greater emphasis on reducing class sizes, asking for class-size ratios to be capped at 24 students per teacher in kindergarten through third grades, 26 students in fourth through sixth grades, 28 students in seventh and eighth grades, and 30 students in high school. So far, however, the district’s proposal calls for reducing class size ratios only in core classes such as English and math at the high school level.

On student discipline from a separate article in the Bee:

A call for stricter, more uniform discipline policies has also been a top priority for FTA, with teachers reporting that the district’s restorative justice efforts have led to unruly – and sometimes violent – classrooms.

You see if we were united and ready to do union battle, we could have a say in our working conditions.

Read more here: http://www.fresnobee.com/news/local/education/article175970556.html#storylink=cpy

Read more here: http://www.fresnobee.com/news/local/education/article176894156.html#storylink=cpy

DOE FILED DISMISSAL CHARGES AGAINST A TEACHER FOR TELLING KIDS TO BE DECENT IN DANCE ROUTINE

One of our friends from the Bronx sent us an article on Saturday about a veteran teacher who was charged in a termination hearing because according to the NY Post she "​raised objections when some of the 30 girls, ​in extremely ​short ​cheerleading ​skirts, ​wore panties underneath that were too skimpy​ or ​ill-fitted​..."

I am not making this story up. While the teacher was not fired, the arbitrator still gave the Department of Education some satisfaction in the dismissal hearing as the teacher received an official letter of reprimand. The DOE has to get something in these hearings even when they are totally absurd.

The climate is so bad for NYC teachers that we can be charged for anything at any time.

Here is the Post story:

Veteran dance teacher Karen Eubanks was appalled when cheerleaders at the High School for Environmental Studies in ​​​Manhattan bared their bottoms during a school performance.

​Eubanks​ ​raised objections when some of the 30 girls, ​in extremely ​short ​cheerleading ​skirts, ​wore panties underneath that were too skimpy​ or ​ill-fitted​ ​and sh​ow​ed “some of their genitals,” butts and even pubic hair.
She spotted eight to 10 boys in the gym audience videotaping the show.

​Instead of commending Eubanks for promoting modesty and decency, the Department of Education brought her up on ​misconduct ​charges — including verbal abuse — and tried to fire her.

​Eubanks, 59, a city teacher for ​two decades​ and former educator with the New York City Ballet, was ​​accused of saying the girls ​“showed a lot of vagina” ​or “flashes of vagina​,” ​ and using ​the words “g-string​,” “burlesque moment” and “nasty” within​ ​earshot of students, thus embarrassing or belittling them in violation of chancellor’s rules.

“It’s shocking that I was accused of wrongdoing after advocating for the dignity of our students,” Eubanks told The Post.

​The ​flap erupted in April 2016 when Eubanks​, who was substituting a​t​ the Hell’s Kitchen school, ​​ attended an after-​hours spring concert​​, which included a dance ​performance by the cheerleaders.
Besides students and staff, the audience included parents.

​As part of their routine​, the ​cheerleaders executed a “fan kick.” They sat on the floor facing the audience, leaned on their left hips and raised their right legs high in the air, waving them like a fan across their faces and bodies.

Eubanks testified she saw some​ girls wore “what looked like panties” that didn’t stay in place, ​​“riding up” ​to expos​e their ​​genitals​ to the audience​​, she said.

​Darius Williams, a DOE contractor and former dancer and choreographer with the Alvin Ailey Dance Company, also attended the concert. He backed Eubanks’ account, calling the display “vulgar.”
He also saw boys filming ​it​.​

But Principal Amber Najmi-Shadid, who brought her 10-year-old chil​d, testified she “did not see any ‘vaginas’ showing,” and insisted, “Everything was appropriate.”

​Afterwards, Eubanks said she praised the ​girls for a “wonderful” ​performance​, but told a few​​ of them: “You know that fan kick? Did you guys ever think about turning it upstage, or to the side, or on a diagonal? . . . 

I’m a bit concerned because your crotches were facing the audience.” She denied ​saying words like “nasty” or “burlesque” ​to the girls.

The cheerleading coach, Nicola Brugueras, said Eubanks pulled her aside on a stairwell the next day to discuss the dance.

Brugueras said Eubanks was “confrontational” and used the words “crotch shot” and “nasty.”

Brugueras called a meeting with the cheerleaders to address the issue. ​In a chat room, one girl ​angrily ​mentioned “some f–king dumb ass lady talking s–t about our choreography, saying its burlesque and how she saw vaginas.”

“Yea. She think she some high and mighty bitch,” another texted.

The teachers who complain on this blog about teachers having no rights and having to put up with being called all kinds of obscenities from students do have a point as this case proves.

Back to the Post story:

​The DOE held a trial, which also included charges that Eubanks arrived late for ​​a class​​​ at her former school, Gramercy Arts HS, ​​when the hall bell was broken and filmed​ students in the mistaken belief ​the school had already obtained parent permission.
​
The proceeding​ last fall​​ ​ generated a 974-page transcript and a dense 42-page ruling in January by Doyle Pryor, a hearing officer who gets $1,400 a day plus expenses to conduct testimony and write rulings.

Termination cases typically cost some $300,000 in investigative ​efforts, lawyer fees and other staff time.

Pryor concluded that Eubanks was too harsh and should have used​ gentler words like 
“private part​s​.” But he found she “acted out of concern” for both the cheerleaders and their coach.
​He ordered that she receive a letter of reprimand.

​Eubanks, who makes $93,790 a year, is now teaching at ​nearby ​Facing History HS​.

All I can say is be careful out there. The DOE increasingly looks as though they have no qualms about trying to fire any of us. UFT protection: They will get you a lawyer to defend you in a dismissal hearing.

It is not a teacher friendly environment we work in.