Sunday, November 01, 2020

UFTERS HAVE A CONTRACTUAL RIGHT TO ADEQUATE HEAT AND VENTILATION

I read this piece in Gothamist with a mix of depression and outrage. As the weather turns colder, teachers and students in NYC are shivering in classrooms. This shouldn't happen. 

From the Gothamist piece:

After this week’s streak of chilly, rainy weather, New York City public school teachers said they were getting a preview of how winter might unfold with classroom windows open for ventilation as temperatures drop.

Chris Taylor, a high school teacher in Queens, said he realized this week he had to bring an umbrella to his classroom to make sure his computer was protected from rain.

“Our only ventilation is windows so we need them open,” he tweeted. “On stormy days, I open an umbrella and tuck it into my chair behind me when the rain comes in the window to keep my computer safe.”

One teacher told Gothamist that his class had to keep moving to stay warm on Friday, tossing a ball from desk to desk during lunch. The teacher, who did not give his name because he’s not authorized to speak to the media, said that usually the heat is blasting in his classroom. This year, he’s ordering affordable fleece blankets for the kids in his class -- an echo of outdoor classes during the tuberculosis outbreaks of the early 1900s, when students were wrapped in thick blankets to form so-called "sitting-out bags" to keep them warm.

Gothamist then shows this tweet from teacher and MORE 2016 UFT Presidential candidate Jia Lee.


Chris, Jia, and "one teacher" you are all entitled by UFT Contract to adequate heating AND ventilation.

Here is what the Contract says in Article 10E1:

E. Safe Environment

1. In recognition of the importance of employee safety and health, the Board agrees to provide the appropriate recognized standards of workplace sanitation, cleanliness, light, and noise control, adequate heating and ventilation. The Board of Education agrees to eliminate recognized hazards that are likely to cause serious physical harm.

Again, I want to emphasize it says UFTers have a right to adequate heat and ventilation. It's not an either-or situation.

What I continually cannot understand is why UFT members just keep taking it and don't insist on the Board of Education (aka Department of Education) living up to its end of the deal.

If it is 57 degrees in a classroom, that is too cold. For those looking for legal recommendations: 

From OSHA: "Temperature control in the range of 68-76 F."

For those who are going to say we are not covered by OSHA, OSHA standards are recognized in New York: "New York PESH has generally adopted all OSHA standards applicable to state and local government employment."

It's in the Contract and the law backs you up. That is why the picture is extremely depressing for me.    

If Jia, a teacher of conscience who refused to give standardized tests and ran for UFT President, is having difficulty getting the DOE to provide a temperature at a legal level in her classroom cobined with adequate ventilation, then what hope is there for the average teacher? 

What is going to take for UFTers to take matters into their own hands and just walk out for the sake of their own health and the health of the few students who do show up for in-person school?

We have written about self-help on several occasions since March. It is your right to leave if it is too cold. Don't worry about your principal if he/she can't address the situation quickly and orders you to stay.

This is from our March 16 posting:

-If any insane administrator questions someone, I consulted the UFT Chapter Leader Handbook about self-help. Self-help is when an employee is insubordinate by defying an order from a supervisor. Normally, a teacher should obey an order that violates the Contract and then grieve.  However, the Handbook provides three justifications for an employee to be insubordinate. Two of them apply to our current situation:

First, the employee has a reasonable belief that carrying out the order will endanger the employee's health.

Second, carrying out the order will threaten the safety of others.

When I was Chapter Leader at Jamaica High School, the heat broke down in my third month on the job in 1996. We took the temperatures of the classrooms on thermometers. We called the UFT (it was still a real union back then) and by the next day when there wasn't adequate heat, we were sent to another school and the heat was fixed fast. I understand that it is a completely different situation now during the COVID-19 pandemic but you still have a right to adequate heating AND ventilation. Call the UFT and hold them to enforcing the Contract.

Stay safe all as it gets more disheartening now that NY has hit the 10 new cases per 100,000 residents list of states which would put the state on Governor Cuomo's quarantine list if he didn't end it. 

32 comments:

Anonymous said...

Guess what, the teachers will continue to go in and get abused and pay dues and stand there with a hat, jacket, goloves and ski boots...Because they are dumb.

Bronx ATR said...

Death before disobedience to the DOE/UFT overlords. It’s going to be a long cold winter - and that’s just in Room 222.

Anonymous said...

You have a double edge sword here. You close the window, you don't have ventilation so you are in danger of getting covid. You leave the window open, you freeze, so you are in danger of getting pneumonia. How do you do both? This should have been considered back in September, but as usual with the doe, we'll wait until it becomes a problem. I'm keeping my windows closed. You have a higher chance of dying from pneumonia than covid. Also, is the doe going to pay my hospital bills if I get pneumonia?

waitingforsupport said...

Damn. This is sad and infuriating. It's also a testament to how the city/union couldn't care less for both the students and staff.

Anonymous said...

In my very old school building, the heat in most classrooms is so intense that can reach 96 degrees with windows open 6 inches at bottom. I brought in 2 small high power fans that helped a little but temperature was managed at about 80 degrees despite being told it was not a good idea because my fans were not DOE issued. The heat just pumped up for ridiculous high temperature readings outside. The heating inside older buildings is just choking most of the time. I was once told the school needed to use it's heating allowance to secure funds for following year when I raised issue with my immediate supervisor. I could not have my Kindergarteners so overwhelmed with heat that they were laying their heads on the desk. Someone came in and adjusted the thermostat and said that other classrooms were freezing when set lower. "Heat Rises", depends on what part of building you are located in.

Anonymous said...

Walk out of the fucking building. No sword.

Anonymous said...

The sheep otherwise known as most NYC teachers aren't walking out. They don't have the spine.

Anonymous said...

Didn’t Jia “refuse” to give one fairly meaningless test out of many with the permission of her principal? She’s made a lot hay over that. Maybe she will walk out if she gets permission. Phony militancy.

Anonymous said...

What contract? The document the employers and the union use as tp for their bungholes?

Anonymous said...

Can i respond? Teacher are suckers and losers. The uft and city take advantage of us.

Not ready to Die said...

My room is 96 degrees in the summer and 87 degrees in the Winter. No way the ventilation system is working to properly filter Covid out of the air.

The building was built in 1996 . Every classroom and hallway has its own climate and time zone. But we are not talking clocks at this time.

I can not believe that this building has passed muster but I guess when custodians and administrators are pressed miracles happen. Inspection results are falsified and predated in typical DOE fashion.

The building is a ghost town. More staff then students since the start of in person school. At what point are things re-evaluated ? Some days teachers are alone in their classrooms studentless.

It’s a waste of time but at least with so few people in the building the rate of infection will remain low.

It’s a pre Election Day. Where is that vaccine that has been talked about the past 6 months ?

Not ready to Die said...

My room is 96 degrees in the summer and 87 degrees in the Winter. No way the ventilation system is working to properly filter Covid out of the air.

The building was built in 1996 . Every classroom and hallway has its own climate and time zone. But we are not talking clocks at this time.

I can not believe that this building has passed muster but I guess when custodians and administrators are pressed miracles happen. Inspection results are falsified and predated in typical DOE fashion.

The building is a ghost town. More staff then students since the start of in person school. At what point are things re-evaluated ? Some days teachers are alone in their classrooms studentless.

It’s a waste of time but at least with so few people in the building the rate of infection will remain low.

It’s a pre Election Day. Where is that vaccine that has been talked about the past 6 months ?

Not ready to Die said...

My room is 96 degrees in the summer and 87 degrees in the Winter. No way the ventilation system is working to properly filter Covid out of the air.

The building was built in 1996 . Every classroom and hallway has its own climate and time zone. But we are not talking clocks at this time.

I can not believe that this building has passed muster but I guess when custodians and administrators are pressed miracles happen. Inspection results are falsified and predated in typical DOE fashion.

The building is a ghost town. More staff then students since the start of in person school. At what point are things re-evaluated ? Some days teachers are alone in their classrooms studentless.

It’s a waste of time but at least with so few people in the building the rate of infection will remain low.

It’s a pre Election Day. Where is that vaccine that has been talked about the past 6 months ?

Anonymous said...

We should return to school next September...Maybe

Anonymous said...

Just close the windows. Heat was blasting was still freezing in my son's classrooms today. Having windows open does not mean the room is well ventilated. I just contacted his school and switched all of my children to Full Remote. How is putting teachers and students in danger of catching pneumonia better than getting Covid?

Anonymous said...

Yea no one really cares. They are just trying to collect their benefits.

Anonymous said...

Dear 12:57:00 PM, My daughter called me this morning to express similar problems in her school. She said that 2 of her teachers were wearing heavy winter coats, gloves and winter hats. The class only has 1 other student attending as do many of her other classes. I had 0 students in 3 of my live classes and 2 students in the other 2 classes. I am hope our mayor is gathering funds for our medical bills when teachers and students get the Influenza or something worse.

Anonymous said...

Monday, November 02, 2020 12:57:00 PM,

I am one of the lucky ones and have 3 in hybrid and 2 full remote. My attendance is crap, but we can not mark them absent even if they do not attend live sessions. If the student clicks for attendance we have to mark them present. If we see them in the building, it is recommended to mark them present even if they do attend our class. Most of the students that are passing are in the full remote classes. My in person or hybrid classes only have 30% passing. My principal wants to know why so many hybrid students failed. Lets see, they do not attend in person, they don't complete the Classroom Work. What a waste of time, money and energy. I can't believe how many teachers passed some of these kids for doing nothing at all. Maybe some of these "scholars" will get the same type of teacher in Med school and become your doctor one day. if you expect and promote nothing, then you will get noting. I care way too much for my students to give them the impression they will succeed in life doing nothing.

Anonymous said...

Don't believe our Mayor or Governor. The number or % of Covid 19 cases in our City and School System are Not accurate. My brother is an ER doctor in Queens, NY. There are dozens of students that test positive, but are not (cannot) be reported because they are illegal immigrants giving fake names and addresses. A more accurate number would be around 7-9%. I had a conversation with students in class today, the 2 or 3 that showed up, who have siblings and cousins that are home and in school that tested Positive. I was shocked today to see my temperature, when taken in my school, was 94.8%f. My students also questioned why their temps were so low at school compared to when taken at home.

Anonymous said...

Bye, Trump.
Final
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:

@joebiden
up by 5 in Florida, 4 in Ohio, 11 nationally

https://poll.qu.edu/florida/release-detail?ReleaseID=3683

Anonymous said...

The horror...smh doesnt everyone know all this waste of energy is, like, contributing to global warming and that we got, like, only a decade or so until we are all, like dead omg?
Wonder what will happen if next year energy costs quadruple.

Anonymous said...

James...

Was called for a scheduled UFT prelim pension consult this afternoon. The pension person said he could not calculate an estimated benefit, or email me a printout due to limitation of remote consults.....but could answer qns about health benefits and our great prescription/dental.

Thoughts?

Has anyone else had this problem?

James Eterno said...

The computer doesn't work? This does not sound right. They can give a rough estimate based on years in system, salary, etc. My accountant managed to get my taxes done without me being there in July. First I am hearing of this.

Anonymous said...

The students who do nothing and pass will not be anyone’s doctor one day. They will end up doing illegal things to survive, live off the system or get a ged and become cops or custodians making over 100k a year.

waitingforsupport said...

@ not ready...
It's around the corner.
Things won't be reevaluated.
Miracles do happen. If you need proof, look at the grad rates.
I wish people stuck together and walked out of the building after reaching out to parents. I'd tell the parent to make sure their child wears several layers because the classroom is freezing. Also, make sure that they have an umbrella in case it rains. We need a team of teachers and parent. Stay safe.

Anonymous said...

5:23 I retired before summer and never had a UFT consultation. I calculated my own estimate and my actual pension turned out to be pretty close to my estimate. The math isn’t that complicated if you have to do it yourself.

Anonymous said...

6:51 Care to share how you calculated your pension? I'm not sure if my estimations are in the right ballpark.

Anonymous said...

Years times 2%

Times

Final average

Anonymous said...

http://chaz11.blogspot.com/2014/12/a-simple-chart-to-determine-your-tier-4.html

This link from the Chaz blog ( he is dearly missed) might be helpful in determining a reasonable tier 4 pension estimate.

Anonymous said...

Thank you both for the pension estimate info.

Anonymous said...

Thank you for the retirement calculation info. I calculated just a little differently but got the same number doing it 8:50's way. Mine was FAS x .02 x years of service.
Cheers!

Anonymous said...

Tier IV 2% per year up to 30 years. 1.5% per year after 30 years. Plus a percentage of what's in your ASAF. Our dear Chaz had information on calculating ASAF portion of your pension. For me it's an additional 110per month. (30 yr teacher, 56 yrs old)