Friday, June 12, 2020

REORGANIZATION GRIEVANCE PROCESS FOR FALL

The reorganization grievance process for the fall was sent to principals. Did the UFT send this out to members?

We learn from this document for principals (see below) that the regular grievance process is on hold until at least October 1, 2020. The question is what happens to someone who is improperly excessed? I don't believe excesses are usually covered under reorganization cases. Does someone improperly excessed now have to wait until at least October to file a grievance?

The UFT managed to concede to more givebacks in this new process. The Union and DOE are taking the decision on whether a grievance moves forward to the superintendent away from the teacher and giving that authority to the district representative. Normally, the grievant is guaranteed at least a meeting with the superintendent in the regular reorganization grievance process. In addition, there is a whole new added central subcommittee added to the process. Normally, reorganization cases go right from the superintendent to binding arbitration with a neutral arbitrator. 

Reorganization grievances are usually about teacher programs. These grievances must be filed within two school days of receiving a program in the regular process but here it is not very clear.

The DOE document in its entirety:

Reorganization Resolution Process during remote learning

The following process would be in place during the time period from June 17, 2020 until the grievance process reopens on October 1, 2020. All issues as defined in the 3/20/20 MOU other than reorganizational issues will follow the Operational Complaint process until October 1, 2020. The extension of this agreement will be reviewed on October 1 and every three months or as needed thereafter. In no case may the same reorganizational issue be raised for consideration by both processes. 

School Level

    1.  Teachers will file a Reorganization Form (electronically) and submit to the principal requesting a meeting with the principal and CL to resolve the issue within two school days.

    2. Principal will conduct a video or phone conference with the teacher and chapter leader/union representative. If the issue is unable to be resolved within 2 school days of the principal receiving the report, the District Representative can escalate the issue to the District level.

District Level

     1. When the district representative escalates an unresolved issue to the district level the Reorganization issue will be emailed to the Superintendent, principal, CL and identified Central Doe and Central UFT staff. There will be 4 school days to resolve the issue from the date the Reorganization Issue was escalated to the district level. 

     2.   A meeting will be scheduled via video conference or phone call with the superintendent, or his/her designee, the principal, the teacher and the district representative. 

     3. If the issue remains unresolved 4 days after the report was escalated to the district level, the unresolved issue can be escalated to the Reorganization Subcommittee of the Central Operational Committee.

Central Reorganization Subcommittee

      1.  The Reorganization Subcommittee of the Central Operational Committee will meet remotely on a weekly basis, during the remote learning period as necessary, to resolve any issues that were not resolved at the district level.

     2. If a reorganization issue is not resolved through the process at any level, effective four days after the expiration of this agreement, the UFT may file a demand for arbitration consistent with the contract.

     3. Reorganization issues that arise after the expiration of this agreement will be subject to the contractual expedited reorganization grievance procedure set forth in Article 22. 




44 comments:

Anonymous said...

Another givebacks. Wow. That's it. Just opted out. Come on James, it never ends.

Anonymous said...

Another gut punch. What a surprise.

Anonymous said...

When are we supposed to have the reorg sheet by? Monday June 15th or Wed June 17th?

Anonymous said...

How does this happen? How can they just change the contract like that without the members voicing their opinions or even voting on these changes? People will have to wait to grieve in October? 2 months into the new school year? What's the point of grieving at that point. By the time paperwork is processed, arbitration (if it goes to that), then it'll be June. Just because of the pandemic?! Ridiculous
-Annoyed

James Eterno said...

Let's be real here, these are not exactly huge givebacks but they are two new UFT needless concessions with nothing in return.

Teachers have to grieve a program within two school days of receiving it. The deadline day for tentative programs was ten school days before the end of the term for secondary schools. I believe Friday, June 12 would be the day tentative programs were due for the fall. Email a grievance to principal and chapter leader now if you didn't get a tentative program. Email by Tuesday if a tentative program does not meet preferences.

Arbitrations won't start until October but the central subcommittee will attempt to resolve program grievances. That is the new layer.

Why can't they just have arbitration by phone call or video conference now to settle cases before the fall?

James Eterno said...

This is a reason to change the UFT, not abandon a union.

Anonymous said...

Any program you get in June, they can change a million times over before September so what difference does it make to get your program in June?

Anonymous said...

program??
this program aint worth the email its sent on-

Anonymous said...

Ok, change the union.

Anonymous said...

Yeah, just 2 more unimportant givebacks, right? Were the other 800 givebacks unimportant? Once the ball starts rolling, it never stops.

Anonymous said...

Calendar?
Open market?
Spring break comp?

James Eterno said...

I did not call them unimportant givebacks. I believe needless was the word I used.

Anonymous said...

Get back the 8.25 tda and you could have these...This garbage is endless. It is more and more. But keep paying dues.

Anonymous said...

Then why do we always agree?

Anonymous said...

Somebody asked about not paying dues on a teacher fb page, in a couple days, about 250 comments, 99%, maybe 100% pro uft. Not one mention of any failures, bad raises, held back retro for 22 years, admin abuse, loss of 8.25%, studnets being out of control, spring break comp, etc. As long as teachers are that naive, we get what we drserve.

Anonymous said...

It is only 11 years the retro is held back, not 22.

Anonymous said...

Get us to the FB page. We will tell the truth.

Anonymous said...

NYC doe teachers only chat

Anonymous said...

How many times are you suckers gonna get played by the uft? What will be the red line?

Anonymous said...

My principal told the teachers not to hold anyone over or send them to Summer school because it will look bad for her and the school. I’m really upset because I have two students that did not progress well enough in reading and math and need the extra summer support... and this was the case even before we went distance learning. One of them the mother asked for IEP testing and the admin denied it. Like is this even legal?!

Anonymous said...

Morgan Freeman...Blaming race is an excuse.

James Eterno said...

I caution people to stay on topic. What does this last comment have anything to do with reorganization grievances?

Prehistoric pedagogue said...

Beats me. Maybe he’s like the Chancellor, to whom
Everything is about race

Anonymous said...

So @NYCSchools and the @UFT wants Chapter Leaders and schools to take on the onus of making school safety plans during this global pandemic?! We are not epidemiologists! Kicking the can down the road, with our students and staff's lives at stake yet again!

Anonymous said...

Looking back at what happened in March... They did not support us when we expressed health concerns.... How is "review safety protocols" a plan?

Anonymous said...

We are being told nobody can fail or we will get called in by the doe and told to prove why.

Anonymous said...

8:55: I can't believe you would even entertain that. The doe will not call anyone in. Your principal may. Whatever happened to burden is on the prosecution? The student should have to prove why he/she should pass not vice versa. Anyone who passes kids who don't deserve it is just as bad as the administrators.

Anonymous said...

What about the new directives? 7-12 comments. Portfolio proving missing work?

Anonymous said...

You all know damn well the grading is fraudulent, why would a threat like that surprise you?

Anonymous said...

My principal told the teachers not to hold anyone over or send them to Summer school because it will look bad for her and the school. I’m really upset because I have two students that did not progress well enough in reading and math and need the extra summer support... and this was the case even before we went distance learning. Like is this even legal?!

Anonymous said...

I know this is off topic, but related to the general topic.

It looks like there are bills at the State level for and early retirement incentive process. The window, I think, is this summer. I don't think the bills are close to passing, but can we spend some time on this blob examining the specifics. They are similar to or the same as the one in 2010, so maybe we can start the process of unpacking the details based on the previous early retirement process. How did it work out, who was eligible, what were the positives and negatives?

Anonymous said...

For this year, pass everyone. Make your lives easier.

Kids are done, we are done, let’s turn the page.

Enjoy your lives, guys!

The doe isn’t worth the stress.

Anonymous said...

8:41: Yes but the kids should be or you shouldn't be a teacher.

Shelley said...

Yup, more needless concessions. How do we connect all these needless concessions with specific impacts on teachers? For example, when does the DOE / UFT publish a list of exessings?

We need to know How many? How many were tenured? How many were in each borough, district, grade, licence? Put this next to the list of ATRs. Eventually, how many of each were placed or found jobs under the new pandemic hiring "freeze"? How many, if any, did so through the open market system? How many applicants were interviewed? How many of these were ATRs? How do those hired fit on a system wide seniority list in the licence?

Remember what an SBO was when it was introduced? It was the beginning of the major erosion in seniority because, although it clearly stated that positions were to be filled by seniority, teachers had to be qualified. What does that mean? So senior teachers could be denied a position through a screening processes that was introduced, like so much other BS, the whole SBO process now, to "increase teacher capacity" and add flexibility to the contract needless concession by needless concession.

Though the most senior teacher, license and building, I will, again, get a schedule that is designed to keep teachers with less seniority happy. And the CL will make it so.

When we had ATRs placed in our building they were treated like pariah by teachers,but I made damn sure they were respected, got keys, mailboxes, a voice, and they voted for me and the teachers were incensed that these ATR people could influence, decide a CL election.
That's our union. The membership, the leadership.

Yeah, needless concessions add up and dis-empower and marginalize seniors. ageism, and racism are pervasive in NYC hiring and needless concessions add up.

Anonymous said...

I know this is off topic, but can someone clarify if they have any knowledge. Can teachers who were up for tenure this year with effective ratings for the past 3 years, no disciplinary action on file, and no lateness/attendance issue be discontinued with no reasoning or rating sheet as to why?

Anonymous said...

@831 AM
I googeled the bill, and from what i can tell - its just an early retirement incentive continuation of 55/25. So maybe they get a few folks to retire who didnt buy into that program before? if they would offer a 55 OR 25 that might get a few more to retire, as there a re probably more educators who meet ONE of those requirements-but not both.

Shelley said...

@831 AM says, that might get a few more to retire...

What are the numbers? How many teachers, who did not take the 2010 option, 55/25, there was also a 55/27, are eligible now? Why can't we get numbers like this? The union should empower people with facts and numbers.

Teachers are the greatest gossip and rumor mill on earth because they never seem to get any facts and numbers.

Anonymous said...

It doesnt apply to me, I'm 40. I would take a buyout though...

Anonymous said...

Wait times September 1 when all these idiot teachers start complaining about going into unsafe buildings again. I warned all of you..

Anonymous said...

Teachers are just good at getting suckered by the uft into paying dues for no service

Anonymous said...

correction, i am 12:21- the bill i googled was for nysut teachers- i am not sure if there is a seperate discussion for nyc teachers.

James Eterno said...

We are in NYSUT. Usually, the State leaves any buyout bill up to local districts to implement and NYC does not opt in.

Anonymous said...

1052,

You try to do a good job, but you work smart, not hard.

I can make a list of people who would eat, breathe and sleep doe and those people unfortunately wound up with bad health issues. I was headed down that road and sought out some counseling and I was taking the job too seriously. So, I started working less, but still doing the job and when I left at the end of the day, the doe does not exist in my mind.

I am not a miracle worker. I do my best, but don’t fight battles I cannot win anymore.

I want to win the war(retire happy and healthy and not have 3020 filed against me).

Be well!

Anon2323 said...

@12:21 I was naive way back thinking it was 25 years ORRR 55.

Oh well, no chance I make it to 34 years. I will have the money, but would surely buyout if I can make it to 25.

Whichever decision they come up with for September will be chewed apart. Enjoy the summer and small class sizes.