Monday, May 17, 2021

UFT SOLIDARITY CAUCUS LETTER ON BEHALF OF TEACHERS BEING PAID AS DAY-TO-DAY SUBS WHO ARE WORKING REGULAR TEACHING POSITIONS

At a recent UFT Solidarity meeting, teachers came forward who were doing regular teaching jobs but were being paid as day-to-day substitutes. I was outraged and said so at the meeting. This is improper as it violates the UFT Contract and probably labor law. Many subs who fall into this category are more than likely afraid to challenge administrators for fear of losing their jobs. 

Solidarity stepped in and put out an intake form to find out how many teachers in this category would put their names out there to be paid properly. My understanding is that at least 30 have responded. Now, Solidarity leader Lydia Howrilka is writing to UFT Personnel Specialist Mike Sill on behalf of the day-to-day substitutes. She asked me to help with finding the Contractual and Chancellor's Regulation documentation for this letter and I was happy to be involved (see below).

The UFT should be filing a class action grievance/court case on behalf of every teacher in this category in NYC, whether they have come forward or not. 

It is unconscionable that principals would hire teachers to teach regular classes and then pay them as if they are covering for other teachers. Another dirty trick is to hire day-to-day subs in a class to cover for a long-term absence and then move the sub to a new program so they won't teach for 30 days in a row in the same program which requires a higher rate of pay (Z status).

The Solidarity letter:

Dear Mr. Sill:

It has come to the attention of UFT Solidarity that there are many “occasional per diem substitutes" assigned to work a program at a school for more than 30 days who have not been receiving full salary, health care benefits and pro rata summer pay.

This is from Chancellors Regulation C206:

DEFINITION OF OCCASIONAL PER DIEM SUBSTITUTE SERVICE

a. As applied in this Regulation, the term “occasional per diem substitute” means a person employed to replace an absent pedagogical staff member who is expected to return.

This Regulation covers occasional (flat rate) per diem substitutes serving more than 29 days.

b. Excluded from the scope of this Regulation is substitute service of a more protracted nature, including full-term regular substitutes or long term per diem substitutes on the regular payroll. These types of substitute service, although performed also by a person who is not appointed, require the acquisition of a credential to authorize employment as either a Certified Provisional Teacher or a Preparatory Provisional Teacher.

There are two concerns. One is teachers not getting "z status" and the other is teachers being hired for the year or term and being kept as day-to-day substitutes.Both are covered by Article 7V and 5a.

Regular Payroll Status for Per Diem Substitutes

1. The Board (“Department”) will pay on the regular payroll (i.e. Q payroll) any per diem substitute provided that he/she either:

(A)(i) was employed by the Department to replace a regularly appointed teacher who is in a Vacancy (as defined herein); 

(ii) commenced employment later than the fifteenth calendar day following the first day for the reporting of newly appointed teachers; and

(iii) was employed for a minimum of two months; or

(B)(i) was employed by the Department to cover a Vacancy; and (ii) commenced employment during the first fifteen calendar days of the term.

2. For purposes of this section, a Vacancy is a position that is filled by a substitute teacher under the following circumstances:

(A)there is no regular appointed teacher and the position is an unencumbered vacancy; or

(B) when the regularly appointed teacher is (a) on a sabbatical leave of absence for the full term or full school year; (b) on an unpaid leave of absence for the duration of the school year; (c) on an approved leave due to an injury in the line of duty (“ILOD”) and the ILOD leave is for the duration of the school year; (d) reassigned for the duration of the school year, however the substitute teacher shall not receive regular payroll status (i.e.Q payroll) for the first sixty (60) days of service in this assignment; (e) absent on paid status (i.e. using their Accumulated Absence Reserve (CAR), or borrowing up to 20 additional CAR days and/or utilizing the grace period) and whose status is subsequently adjusted to unpaid leave status for the duration of the school year; or (f) on an approved paid absence (i.e. using their CAR days and/or utilizing the grace period) for the duration of the school year.

3. In the event a substitute does not work in the assignment for the duration of the school year (except in the case of a sabbatical for one term as described above in (3)(2)(a)), s/he shall not be entitled to regular payroll status (i.e. Q payroll).

4. The foregoing shall supersede and replace Chancellor’s Regulation C-525 with respect to the criteria necessary to attain regular payroll status (i.e. Q payroll).

5. Pursuant to Chancellor’s Regulation C-520, a substitute teacher shall be entitled to Z status if s/he replaces a particular absent employee for thirty (30) or more consecutive work days. The terms of Chancellor’s Regulation C-520 shall remain in effect with respect to Z status; to the extent C-520 addresses regular payroll status (i.e. Q payroll) and is inconsistent with this Stipulation, the terms of this Stipulation shall be determinative.

Also, look at Article 5C3

3. Appointments and assignments to teaching positions shall be made in accordance with State Education Law, Commissioner’s regulations and applicable Board of Education regulations and provisions of this Agreement. Appointments shall be made from eligible lists of persons holding regular licenses. After all available persons with regular licenses have been appointed and where positions still remain vacant or arise during the course of the school term, certified provisional teachers shall have priority for any assignment. Where no certified provisional teacher is available for assignment, preparatory provisional teachers will be eligible for such assignment. Except in cases of emergency, any CPT or PPT employed to fill a full term or balance of term assignment will be retained for at least the duration of that term.

We know we have only heard from a fraction of educators who have been denied their fully earned benefits. This is outrageous and we urge you to file a grievance on behalf of these educators. 

Sincerely yours,

Lydia Howrilka 

UFT Solidarity caucus 

55 comments:

Anonymous said...

Thanks for looking out for subs Lydia. Glad I can vote for you to be UFT President next year.

James Eterno said...

Shelley, Email me. The last post is behind us.

Bronx ATR said...

I don’t have any faith, whatsoever, in Mike Sill, having experienced his awful representation first hand. My guess is all parties involved will have to squeeze him like a lemon. He’ll yes you to death and tell you at the end of the school year nothing can be done. He only answers to UFT leadership, not UFT members. It’s important to note that substitute teachers pay dues to the UFT and are very deserving of proper representation. The law is the law and Sill’s hand should be forced.

Anonymous said...

"The UFT should be filing a class action grievance/court case on behalf of every teacher in this category in NYC, whether they have come forward or not."

Seems like the uft isn't doing their job. Surprise, surprise.

Anonymous said...

I always hated the term substitute. Sub has a connotation of being lower or less than. It's an outdated term that needs to be changed.

Anonymous said...

I find it fascinating, yet deeply disturbing that Solidarity is doing the work that Unity should be doing right now. Oh yeah, Solidarity is doing it for FREE.

Not will to die yet said...

This happened to me when I first started.
Dirty little trick.

Not will to die yet said...

This happened to me when I first started.
Dirty little trick.

Anonymous said...

I was speaking to my CL about this and they said that the union is waiting until the end of June to file grievance regarding this. Let’s see what happens. All the subs in my school have worked 30+ days without a break and still receiving per diem.

David Suker said...

What’s the point of a union without a union mentality? If I knew teachers were this weak I would have became a cop or a firefighter.

I come from a union household and I’m ashamed.

Anonymous said...

Keep in mind that there are some substitute teachers who take on full time positions willingly and do not want to be part of a lawsuit.

Anonymous said...

I have been an ATR for a while. When I was working at a school for a principal ho hated me, this principal hired per diems to do leave replacements all the time and had me do hall duty and other nonsense.

100 k to do nonsense work. Yes please.

Michael Gatton said...

The lack of transparency from leadership is a problem. Is there a reason they are waiting to pursue this? Are they in fact waiting? Do they have a strategy? Why is it a secret?

unknown said...

If the sub never hits 30 straight days are they not a part of the lawsuit?

Not will to die yet said...

Michael Gratton,
It’s a secret because every thing is a secret with Mulgrew and company.
All cloak and dagger ...

Anonymous said...

7:22: Exactly, that's why I will never believe the doe when they say they don't have the money to do something.

Bronx ATR said...

I think some of you are confusing the term of substitute teacher with ATR. Substitute teacher is the correct term for somebody who is a substitute teacher; a teacher is the correct term for an ATR. (In my odyssey around the Bronx I was often referred to as a sub and I got into some heated arguments with teachers and administrators over the use of the term. This was not because the term substitute teacher is a pejorative term, it is because I jumped through all the DOE’s hoops, received tenure, two masters degrees and 28 years of experience teaching - I wasn’t going to let somebody refer to me as a SUB.) (It was while working as an ATR that I met the aforementioned Mike Sill. If you called him he would never return your call, he would get Raj, an ATR, to call you back and if you kept pressing him, eventually email you. It was always a ploy to run out the clock until the end of the year, when the game could start all over again.) An ATR is fully accredited and is almost always a fully tenured teacher often having decades of experience. Becoming an ATR is usually the way the school cuts out the higher salary of a veteran teacher via fair student funding. (This is with full UFT approval; they then get the ATR’s dues and the new hire’s - who replaces the ATR.) A substitute teacher, on the other hand, is somebody who might just be starting out looking for a job, or a retiree looking to make some extra money, or just about anybody who wants a temporary or part-time job that has at minimum a college degree and has been vetted (fingerprinted, background check, etc).

Anonymous said...

without the subs in my building, the principal would be up shits creek. She has been using subs all year to cover pods and some new programs she created.

Anonymous said...

I do nonsense work too as an atr and I don"t care anymore. The joke is on them. I still get paid and enjoy the same benefits as everyone else. I dont think my principle hates me but probably doesnt want an atr in any full time position because of the labels that have been placed on us. At one point they had me cleaning tables for covid. The young teachers can take all the assignments.

waitingforsupport said...

Cleaning tables? Something is beyond wrong when an educator has to clean tables. Did the princiPAL ask you to perform that task?

Anonymous said...

Another thing that strikes me about all of this is that the UFT has agreed with the DOE to suspend the grievance process for teachers, while simultaneously allowing administration to file charges against teachers. Why would the UFT agree to that, without getting an agreement that charges should be suspended as well? Again, we have to ask ourselves, ‘Who or Whom does the Uft work for?’ Does it work for teachers? No. Is it the CSA? Yes. Is it the DOE/Bill deBlasio? Yes.
My buddies who work for the UFT are sitting around with their thumbs up their asses chomping at the bit to help teachers going through termination charges, but the UFT remains closed. I can only imagine how the 3020a charged teachers must feel seeing this level of marked indifference from the UFT. Disgusting.

Anonymous said...

Cleaning tables for the same pay and benefits vs teaching and being scrutinized and micromanaged to death. I’m sorry you had to go through the experience of becoming an ATR but it sounds like you landed on your feet. I’m happy for you. There is dignity in honest work no matter what it is.

Anonymous said...

The term substitute teacher should be made obsolete and turned into covering teacher. Even when I was at my regular school covering a class, kids who didn't know me would ask "Are you the sub?"

Anonymous said...

I would love to clean tables all day instead of dealing with the bullshit that NYC teachers face. No Danielson, no crazy admins, no micromanaging, etc.

Bronx ATR said...

No mater how well paid, I don’t know any human being, teacher or ATR that likes being treated like a piece of shit. Where is our respect as teachers and UFT members. Where is the dignity in forcing somebody with a masters degree and decades of experience teaching to do menial work? It’s done to humiliate. It’s done to piss people off so much that they’ll retire or quit. And it’s either stand up for yourself, knowing it will escalate things and that you have no real recourse, because of a purposely impotent union, or eat shit. All because you made it to top salary. How is possible that there is still an ATR pool after Bloomberg has been long gone? Why isn’t Fair Student Funding fought tooth and nail by the UFT? Why are plans for next year not being discussed openly with all constituencies by the UFT? Why are open illegal labor outrages investigated and fought by those the UFT consider personas non grata? Everyone knows the answer. Instead of like, ‘let’s stop paying dues’ ,why don’t we all get together and go march on 52 Broadway? Everyone’s vaccinated, for the most part, and we could make a party out of it. More importantly we would embarrass the UFT and maybe initiate some kind of positive change.

waitingforsupport said...

To each their own. Personally I refuse to deal with BS and wash tables. No ma'am. I like to teach some people how to treat me when they forget.

Anonymous said...

So tell the uft to do what you are paying them to do.

waitingforsupport said...

I don't mean to sound well,mean but isn't the UFT doing what a few commenters have admitted to--failing to do what they are paid to do? Have you heard the expression, Don't hate the player--hate the game?

Anonymous said...

My take on cleaning tables. You want to pay me 120k to clean tables and think YOU are humiliating ME. Hahahahaha. Ok, you think what you want while I’m laughing my ass off with the best job in nyc. The only way my dignity is removed is if I say so. And I don’t. Suckers want to pay me 120k to disinfect a table and think I feel humiliated? Think again. If only my local diner would pay me that, I’d be even more thrilled to never go back into a school. The more “educated” people are the more they tend to take themselves too seriously. You think an MS in education gave me more dignity than the waitress that served me last weekend? She can wipe a table but it’s somehow beneath me? 120k and a pension to clean tables. Where do I sign up? You sound like a classist when you talk about humiliation via menial tasks hardworking Americans do every day. Spare me the lectures and keep the cash and benefits flowing as I rub a piece of cloth over tables as you get told “suck my dick” in class all day and your principal demands bulletin boards for your virtual class.

waitingforsupport said...

I agree with Bronx ATR. My job description doesn't entail cleaning tables. This is an example of why teachers are pushed around by admin. Stand the f^@k up for yourself. Of course all people should be respected for the work they do. Cleaning tables. Cleaning toilets. Scraping gum off the sidewalk. Whatever. The point for me is that I applied for and was hired to TEACH. If an admin decides that they will use me to only clean tables I AIN'T DOING IT. Write me up. I will also send them an email about their request and how I am there to teach.

Bronx ATR said...

@7:11, That’s a rationalization, which if the UFT did its job, you wouldn’t have to make. I agree with you on the fact that nothing can humiliate us unless we agree with it. I am an elitist and every teacher should strive to be one. We are the most educated and should be the best society has to offer. And I don’t think you or I or any teacher should be forced to mop floors, wipe tables, clean out refrigerators, unload trucks, run elevators or any of the other crap I’ve seen ATRs forced to do.

Anonymous said...

I have been an atr for 10 years, yep you read that correctly, ten years.
Been to every high school in queens
Been told to do many things that weren't part of my contractual job description
Did most of them without a word
I rather clean tables for 128, 000 a year instead of covering 5 classes at campus magnet, August Martin , beach channel an all the other challenging school environments I have been sent into.
Cleaning tables, hall/bathroom duty is much better than being told im a white mother fucker or suck my dick you old stupid white mother fucker. that last one is my favorite. I named my new $350,000 boat after that one. Can't make this shit up. And The idiot liberals are worried about white supremacy. what morons they are

waitingforsupport said...

To each their own.

Anonymous said...

1038 because White Supremacy and children cursing you out are comparable.

Anonymous said...

I have been an ATR for 3 years and I will say I've been treated well so far. All the principals I've worked with have been excellent. Only at the school I'm at now have I been given a full program, however. It is a lonely life as you have trouble forming bonds with other teachers and students as you know you are only going to be a part of the school for a short while. You also don't feel a part of the community as well. All in all, I'd still rather have a permanent position than to be changing schools every year.

Anonymous said...

10:38. I love your response. Enjoy that boat! The rest of you, enjoy teaching, if that’s your preference.
Bronx ATR I get your point but unless I can get written up or rated based on my cleaning, it’s still a better deal. It would be the better choice for me. I wish my principal would let me clean. I’d do a better job than our custodial staff. I used to be an elitist too. I’m having more fun now that I no longer care about this profession. I’m in it for the money, pension and benefits. What they have me do while I’m in the school building doesn’t matter. Babysit, teach, wash windows, give AP a manicure. Whatever. Just nothing illegal. Pay me so I can enjoy my non work real life. That’s all that matters.

waitingforsupport said...

So maybe Mulgrew's thinking is in alignment with some of the commenters. As long as teachers receive "Money. Pension. Benefits" everything else should not matter. No wonder he has remained president. Well, if you like it--I love it.

Bronx ATR said...

Fellow ATRs I understand your position, I was there once myself. It is inherently wrong to have to choose between two evils - the cesspool babysitting classroom or menial work. It’s inherently wrong that administration should have that kind of power over teachers who pay a union and have rights. It’s inherently wrong even to be in that position and thrown out of your school because you make too much money. It’s inherently wrong that that union is not representing you adequately. It upsets me and saddens me when I read about the crap that is thrown onto teachers from everyone - student thugs, administration bullies, the media, politicians and the DOA/DOE UFT. The person you have to live with is the guy or a gal in the mirror. If you can do that and get that paycheck, then God bless. I don’t judge anybody.

Anonymous said...


sorry Bronx ATR its not babysitting, these kids are not babies

thanks for agreeing with me @12:32 I appreciate your support

thanks @1:39 I am enjoying living out on fire island. a whole different world than the rotten apple

if anyone living in NYC had half a brain they vote for Curtis Sliwa. but we all now many don't

enjoy your summer everyone

Bronx ATR said...

@4:53 If not babysitting then what? Warehousing? Maybe. Teaching? Lol. Or let’s make up a new term for New York City education - ‘Thugsitting for Dollars’. The lowest game in the state - cue in our announcer Randi Weingarten —- @Make it to 55 with your sanity and self-respect and you will have a comfortable life with a small co-op in the outer boroughs, a used Honda Civic, a once a week dinner and movie, and a once a year vacation to Boca Raton!!!!’ (to hear Mike Mulgrew beg for your money). Stop waiting for the summer to enjoy your life, enjoy it all year round. Cheers.

Anonymous said...

To anyone who feels teaching in NYC is a real job, that’s just swell and dandy! That never say die attitude is going to pay off.

To the pragmatic ones like myself who see this thing is a complete racket, well, we enjoy our lives every day.

I am asking for a friend, but on what day of June are people going to start showing movies and stop teaching for good this year? Don’t get me wrong, I have been faking teaching close to two decades now. Haha.

Anonymous said...

Wow, seems like a lot of people are jaded here and rightly so. It must be really hard to cut out x amount of years to retirement and I'm sure that while a lot of you are saying you don't care what the state of affairs are, I'm sure it causes some stress at some level because this isn't what you walked into or deserve.

All I will say is if you have a long way to retirement, don't be afraid of changing your life to be happier. Whether that is your attitude, career, or anything else. My great uncle always looked eagerly to retirement and passed away with a brain tumor a year after taking retirement.

You don't know if you will even get to enjoy your retirement. Enjoy your life now.

Anonymous said...

Yup. I'm 40 years old. Next year is my final in the doe. Year 20. I'm done. You are a fool to waste your life doing this. 42 year old retiree sounds good.

Anonymous said...

Exactly W4s. Pay and benefits. It’s why people work in the first place. Teaching is no different than any other job. But I’d argue Mulgrew could do better. Changes to retiree healthcare, Tier 6 are just 2 examples. Mulgrew not strong enough on pay and benefits which is why he is also not popular with those of us commenting who see this as a just a job. There are 2 kinds of teachers. Those who think the job is about elevating the job, social change and saving students and those who think it’s their job to teach the curriculum selected by the community in which they teach and leave the social work to parents, church/mosque/temple leaders and social workers. Which group is morally superior is debatable. But I see that as a debate for parents/community members not teachers. They should decide which type of teachers they want teaching kids in their district.

Anonymous said...

@Bronx ATR
I'm not sure what to call what I have been doing for the last 10years. definitely not teaching or baby sitting. getting paid to monitor students and take attendance I suppose. oh well it is what it is. we can't change our so called "union" we cant opt out, even though I already have and bought a new door to hit me on the ass on my way out. I feel sorry for the new teachers. I am 56 with 26yrs in the system but will continue to take every last dollar I can from the corrupt NYC and UFt before retiring. After buying my new boat my wife now wants a inground pool. thanks doe

gotta feel sorry for the students in this system. they are being undereducated by the political party that is suppose to be the champion of the minority community, what nonsense

as Bronx ATR said, enjoy not all your summer but everyday,

Anonymous said...

The students of nyc will get a better education when their parents demand it and refuse to take no for an answer. It’s a parent’s job to fight for their kids. Curriculum, discipline code, quality of teachers, responsibility for instilling morals in their kids could all be in the hands of parents if they snatch it back from the politicians, school boards and UFT leaders who have been bullshitting them and allowing their kids to academically flounder for decades. Mothers making sure they choose a mate that sticks around and is a good role model also does wonders for children. I don’t see it ever changing in nyc but fingers crossed.

waitingforsupport said...

@624 am...I see what you're saying. I can also see how one can make the same argument about Mulgrew's stance. Let's see what the retirees have to say about this Healthcare matter. Looks like he don't give a sh^t about either kind of teacher unless they are retired. As for me, I'm retired so maybe my mindset should be to just support the elected president-- Mulgrew. I see your point. Thank you.

Anonymous said...

Jokes on you W4s. I’m retiring. Who leads the UFT minimally affects me. Hubby’s got great health benefits that I keep if he passes on. The benefits of marrying an older corporate man grandfathered into an excellent retirement package before it disappeared for new hires. Unlike the nyc benefits that disappear on death of member, corporate benefits used to be pretty good and still are for those who already retired years ago. Hold your vote hostage for James. Maybe he’ll bargain with you. I have no need to. I chose my spouse wisely.

waitingforsupport said...

@635 am...
Ha. W4s is always prepared. I had wise parents who stressed the importance of saving for a hurricane. Thank God me and my spouse are well set. No need to hold anything hostage darling. I will use my right to vote to do just that vote. Glad you chose your spouse wisely. Enjoy retirement. It's grand. Woop woop

Anonymous said...

1124 just keep blaming those mothers. :/

Anonymous said...

But you were holding it hostage. “... maybe my mindset should be....” I just pointed out that in reality no one cares. Your vote means nothing to the people you threaten, sugar britches. Glad you’re prepared. Most liberals rely on government handouts when times get tough. Relieved I won’t have to pay your way with my tax dollars one day.

waitingforsupport said...

@1:26...ok sour puss. It seems like you equate weighing ones options with a hostage situation. Options. It's the American way smarty. Ask your investment I mean husband to explain it to you. And as far as your tax dollars go--once this beautiful liberal government owns its sh'%, my reparations will come through. Ching ching. Tax dollars well spent. Thank ya butter cup.

Anonymous said...

126. Government money is our money. GDP is the result of our labor. It is what we have earned, but are never given. And our system makes beggars out of us by holding our production, and the capital it creates, hostage.

Anonymous said...

Hahaha reparations. Once the leftists finish off all the white home owners, they’re coming after you and your black owned home. The color of your skin won’t mean shit to them then because they don’t see you, Ms Home Owner, as much different from me. See ya in the poor house. Hahahaha. My husband investment has paid off! Thanks for noticing. His investment in me has paid off as well. I stayed home and took care of the house and children while he earned the big bucks. My kids all have jobs and homes. Not one ever told his teacher to suck his dick. Too bad the welfare moms and absentee dads in nyc don’t invest as wisely.

Anonymous said...

When I was a per diem sub in junior highs, intermediate schools, and middle schools, I was never asked to do anything but cover classes or hand out bathroom passes in the school cafeteria.

When I was an appointed teacher in a high school, the Department AP routinely told us to move textbooks from the bookroom into our classrooms at the start of a term and vice versa at the end of a term.

Some of us, including me, refused to do it. I used to email the AP with the titles and amounts needed, and copy the principal. I had no problem telling the AP, “I’m not a custodial helper, porter, deliveryperson, bellman, or skycap. It’s not within my job description to lift books, put them on carts, or take them off carts. You need to make appropriate arrangements.”