Thursday, January 06, 2022

WERE UFT MEMBERS MADE WHOLE FOR LOSING SPRING BREAK IN 2020 BY ARBITRATION DECISION?

 This is what President Michael Mulgrew said when UFTers lost their spring break in April 2020:

Under collective bargaining rules, the UFT has the right to negotiate a compensation package for all the extra days you are being required to work, and I will do everything in my power to see that you are properly compensated for your time. In the meantime, the DOE has agreed with the UFT, District Council 37 and the Council for Supervisors and Administrators that due to the number of different religious holidays that fall within the spring break, all school-based and other 10-month employees will automatically be granted four additional CAR days in their banks. People who take religious observance days will have those days deducted from those four new CAR days. The DOE's granting of these four CAR days now in no way impedes us from demanding a full compensation package in negotiations as soon as we are back in our schools.

Does taking those four CAR days and transferring them into vacation days and then adding three more make UFTers whole?

I hope everyone reads the arbitration decision thoroughly. Arbitrator Martin Scheinman clearly is no friend of workers and basically looks out for the city treasury. He is the same arbitrator who helped decide that we have to wait 11 years, and he changed that to almost 12, to get paid in full for work we did from 2009-2011.


The UFT in the current spring break case asked for monetary compensation. This should have been an open and shut case. Workers were forced to work extra days. Pay them for it. Scheinman was looking to save the city some money and he did by having the UFT come up with the vacation days alternative. From the decision on page 9, we clearly see the UFT asked for money: "Accordingly, the Union seeks monetary compensation for the seven (7) days worked." The next page shows clearly that the UFT came up with the vacation alternative.



The City's defense was an old standby: They can't afford to pay after they said we aren't entitled to compensation because spring break isn't in the Contract. Look how Scheinman bails out the city:

Paying subs and spreading the payments out for employees who don't take the vacation days but instead use them as termination pay that is spread out over three years will save the city a great deal of money compared to if they had to pay the money now. The UFT as usual goes in seeking to help the city and they managed to do that. The DOE with no leg to stand on managed to save money by spreading out payments to those who don't use the days and paying subs for those who use vacation days at a much cheaper rate than if they had to pay regular employees their regular pay for up to seven extra days.

Enjoy those vacations.

45 comments:

  1. And on the following page, he asks for other options - the DoE seems to stand fast, and the UFT offers vacation days instead of money.

    As long as they are looking to take away a partial loss, we will never have a complete win.

    Jonathan

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  2. The answer is NO. A city who claims to put kids and safety first, has failed students and us yet again. Covid numbers are higher than ever, and snow is piling up outside, but they insist on keeping schools open. For what? So a majority of the students who show up won't actually be with they're sick and/or snowed in teachers? Now, with these vacation days, schools will face even more teacher absences. Paying teachers for these days would have been the more thoughtful, sensible option if, as they claim, they actually cared about students.

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  3. What the hell is going on with the UFT? How come Mulgrew is not screaming for a Remote Snow day? If there ever was a reason to use it, today is the day.

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  4. Gonna be a shit show when tons of teachers apply to add the "vacation days" to Feb break and spring break. Due to fact that it is seniority based, a lot of newbies are gonna hate the veteran teachers who get top pick for the days they take if attached to a school break.

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  5. James,
    Great job on this. Who does this kind of analysis? No other Blog. Thank you for doing the kind of work our dear departed friend Chaz did for us for so many years.

    Great stuff.

    This is proof that we need a union. We need representation, collective bargaining, an agreement, a contract. But it is also proof that our current representatives are not serving us as well as they should. Mulgrew and Unity are concession bargainers.

    They surrender or give back previously gained improvements in pay and conditions in exchange for some form of job security.

    Their MO is to trade total wages (wages and benefits) to increase membership and dues while permitting management to break the agreements on time compensation and work conditions.

    This is especially harmful to the teachers, as teachers have traditionally been the model example of Baumol's cost disease (or the Baumol effect), that is, teachers get increases in salaries though there is no or low increase of labor productivity. The introduction of technologies, such as Google Classroom, AP Classroom, Zoom . . . have increased productivity, and have increased it in large measure by forcing teachers to work outside their collectively bargained days and hours.

    Teachers, foolishly embracing the technological retooling of the job, preferring to work at home, save money on commuting costs, child care, and avoid work stresses of the bosses, have not understood how a President like Mulgrew is helping the City screw us out of the productivity boom that most workers are benefitting from. While we are no longer a cost disease model in terms of productivity, we are still negotiating as if we were still the cost disease model. Our wage increases do not reflect productivity gain. Moreover, because our President continues to use the methods that have been failing to get us real wage increases (increases above the inflation rate), we are more productive and are paid less.

    After decades of weakness, the workers have power now, but it won't last. We need to strike while the iron is hot.

    Mulgrew and Unity out before they sell us out in yet another bad contract.

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  6. These are not really vacation days since we will still need to set up work for our classes during the days we take off, and grade all the work when we return. I don't think principals are going to be happy about a teacher taking 7 days off.

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  7. What a show today. Literally 10 teachers made it in as of 8:40. 4 classes into 1. This Chancellor sure knows how to put salt on wounds.

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  8. That’s why I have been imploring folks to read the decision for themselves. Don’t rely on the presser that the UFT put out. The union absolutely gave the city and the arbitrator the idea for these bogus vacation days. The union doesn’t want to be blamed for the arbitrator’s decision, but it so clearly helped them arrive at this option. Furthermore, the union always does a victory lap when they win at arbitration. So they same way they own the victory…they need to own the loss! I have been very on the fence about switching leadership, but clearly nothing can get worse than this. I’m ready to make the switch to united for change! At least I know there are folks who will try harder than this nonsense. I mean, I hear that the arbitrator tried to cry poverty, but did anyone even crunch the numbers? Are you meaning to tell me that paying teachers for literally one week of work would have bankrupted the city? I call BS. I don’t believe that the union tried hard enough. So yeah…it’s an election year folks…let’s start to have some serious conversations about the direction we want our union to go in. Because more of the same ain’t working for many of us!

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  9. Those vacation days could be a godsend for members. Now you can get married off season and take a honeymoon, or plan a trip to Paris during cheap time. People on this blog are so miserly. Think big. A trip r a wedding off-season saves thousands

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  10. 7:33: Well it's eye for an eye. We veterans resent the new teachers because they kiss up to administration and get favored by them. It's about time they resented us for Seniority. Seniority doesn't pull as much weight nowadays as it once did.

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  11. 5:03: Good point about the absences. Teachers will be less present now with 7 vacation days. Doesn't that create learning loss?

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  12. BIDEN ADMIN: "the duration of vaccine effectiveness in preventing COVID-19, reducing disease severity, reducing the risk of death, and the effectiveness of the vaccine to prevent disease transmission by those vaccinated are not currently known."

    But science...

    But teachers deserve the money they were owed...

    Sounds like we are getting screwed by everyone.

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  13. Learning Loss??? There was no learning loss at all in my school today!! Students did not get any class-time with any of their teachers today. There were so many students and teachers out many students were loaded into the Auditorium and others were placed in PODS for the entire day. If we had been Remote, then we could have at least met with students in Google Classroom and posted the work before the school day started. 4 students were removed from my POD and had to wait for a parent to pick them up because they tested + for Covid. Since this was a "Normal" school day all of my students will be held accountable for work posted in Google Classroom. We are responsible to post and students are responsible to complete. 70% of teachers out and almost 80% of students out.

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  14. I wonder how many teachers rely on supplemental income from per session opportunities who missed out during the pandemic and now again with this weak decision.

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  15. Not the same in our school. Almost 90% of teachers out and countless kids out. All teachers and students that did show up spent the day in the Auditorium watching movies and playing games on their cell phones. Our principal asked us not to post the work in G.C. because students "will not do the work without teachers holding virtual meets." Keeping schools open is creating more learning loss than closing the schools. Next time I will be sure to stay home.

    Hey, does anyone want a "low skill" job? Maybe you should run for Mayor of NYC!!!

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  16. Where in the hell is the DOE going to find subs for dual craziness of the new "vacation days" and ongoing covid illness? As for the newbies hating veterans for being able to use seniority for vacation days, that is how things work in a union. Seniority used to be a huge deal prior to 2005. Back before that, we had seniority based transfers, today we have sham open market. I for one am glad that seniority is finally making a comeback. My fellow vets feel the same.

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  17. Scheinman is scum, he was the arbitrator for the vaccine mandates foe the DOE. He is in cahoots like all these corrupt politicians!!! He gave money to Diblasio, Diblasio in turn hooked him up and wahhhhhh laaaaaaaaaaaaa he is the lead arbitrator. Cannot trust any of them just how we supposed to allow Mugrew to lead us longer, him and Adams are the new butt buddies.


    https://www.politico.com/states/new-york/city-hall/story/2013/12/union-ref-has-de-blasio-ties-016787

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  18. Re the lump sum payments, the city claimed they didn't have the money.well we finally got paid and the city is still here.they always cry broke even with the new funding we have. They have excessive waste in other areas.
    Some schools no n95 btw...

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  19. I have dealt with dozens of teachers over my decades as a chapter leader who needed to take some time off without having to explain. Currently, that is impossible. You have to take a leave to help a sick family member, or for adjustment of personal affairs, which is very hard to get. This is an amazing opportunity, much better than the money, which you can get when you retire anyway. Currently, if you need to take a week off for whatever reason, you can't do it. Would the money have been better? In my opinion, no. This gives us freedom and flexibility we've never had before.

    And to the nay sayers... Ok, maybe for you, the money would have been better. But to call this a ripoff, or a big loss, or a sell out, is just ridiculous. This is a very interesting deal, one that will be a gift for so many members.

    And to Laura who says she was on the fence about UFC, but this convinced her. What a load of garbage. You're a UFC shill. This is not a loss. It's a pretty cool deal.

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    Replies
    1. Good deal or not Mulgrew and his leadership still sucks. Do you agree?

      Delete
    2. I guess you just either suck at math or don't understand the time value of money. This is wage theft plain and simple.

      Delete
    3. 454 it'd be way more "cool" to have a say in the things being negotiated for us. holding a vote on our demands, for instance. that'd be a "pretty cool deal."

      Delete
  20. 4:54 PM - Teachers are entitled to their opinion on whether they feel these days were a good deal or not. Time will tell how these vacation days play out. Many teachers in the field right now will never make it to retirement.

    If Laura is a UFC shill, then that's great! We need more UFC shills to counter all the Unity shills like you. This blog is the perfect place for UFC shills.

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  21. Yes Unity supporters, I believe you when you tell me that the shit deal isn’t really shit. Thank you for setting me straight. I almost believed my own thoughts for a minute but luckily you reminded me that I don’t really know what I believe. Mulgrew is the best. He’s definitely going to get us a raise that meets the current inflation rate. So looking forward to that big fat raise…. Or your pointing out that 1% is really a huuuuge raise and we’re lucky to have a job. 1% is really just as good as 6% . Did I get the UFT math right!

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  22. No. I like him. I think he sees big picture. Teachers unions are generally hated. Very tough political landscape. See article in Times about how Chicago closing schools is political suicide. Certainly not voting for simplistic UfC.

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    Replies
    1. 940 you go ahead and worry about politicians. I'll worry about the well being of workers. Vote UFC. Vote for Change.

      Delete
  23. Any and all agreements between UFT and the City are are driven by the City's claim that monetary compensation is a burden it can't meet.

    We know this is not true.

    Moreover, we know that delays in payment (e.g. the Retro payments, the eventual cashing out of Vacation days at retirement) saves the City money by taking it out of the pockets of the workers who, as the arbitration decisions in each case make clear, deserve monetary compensation for the work.

    There is no dispute, as the arbiter says, that the workers deserve to be paid for the extra work.

    But the solution is to compensate the workers, not with money, but with some option that has restrictions on how, when, and why it may be exercised. And the justification for this option is that the City would be strained financially if it were to pay the workers what they deserve and what they have earned, not an option to take vacation, but money.

    This pattern of time and option compensation is the MO of Mulgrew and Unity. And it is riddled with risks. Risks that would not exist with a cash payment.

    The arbiter anticipates that Admins will try to deny the free use or exercise of the vacation option, and, in the decision, adds language to dissuade abuse, a process to deal with it, and appeals to common sense.

    But we know what will happen here. We need to sop this pattern of agreement. Options and time compensation are not some extraordinary benefit. The spin doctors for Unity are well aware of how these options will lose value over time and how much wasted resources will need to be expended to force Admins to honor the agreement.

    Nothing is better than a bird in the hand when that bird is cash.

    Over time these vacation days will lose value saving the City millions. The savings are, once again, taken out of the pockets of the workers. And again, these are not savings for work we will do but for work we've done.

    \When I wok I expect to get paid for it.

    How about you?

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  24. Waste of money?

    No regents...

    My school is continuing with Saturday prep classes, for very few students to show up, while teachers and APs are getting $54 bucks an hour to do nothing.

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  25. If diblasio couldn't afford to pay us, he shouldn't have made us work.this was not an emergency.
    On another note, I was disappointed in an article suggesting that Chicago schools and other unions were playing games and biden is stuck because of the political support given by teachers.i intend to write to the author.perhaps others will.basically, it says he gave us tons of money to use rob covid safety in schools, so what is the issue.i will try to link.
    https://thehornnews.com/joe-bidens-very-bad-week-just-got-worse/?customerNumber=000032797544&campaignId=1190215c-de68-4a86-947f-c239bb50eaaa&r=eml&experimentId=3d74c0bd-ec40-eb17-0fa7-75bd363c8bab&vid=Fy5zha&customerId=000032797544-000002967353&utm_campaign=the-horn_220107_editorial_a-b_pm_180_day&utm_source=blueshift&utm_medium=email&utm_content=the-horn_220107_editorial_b_pm&bsft_clkid=97d34dad-8fcd-48dd-8878-a9ca4ce4f18b&bsft_uid=9783c9ca-249e-4c68-9533-c5ff2703c353&bsft_mid=cf87a972-a64a-46a8-8c3b-cdd0781de5fb&bsft_eid=3d74c0bd-ec40-eb17-0fa7-75bd363c8bab&bsft_utid=9783c9ca-249e-4c68-9533-c5ff2703c353-HORNNEWS&bsft_mime_type=html&bsft_ek=2022-01-07T20%3A30%3A42Z&bsft_aaid=aea3e268-9699-44e1-966a-66f6731f61a8&bsft_lx=12&bsft_tv=2

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  26. 4:54 says most teachers today won't make it to retirement. Then, they can cash in the vacation days when they resign. It is not necessary to retire in order to cash in your days. People who resign get paid for days just like retirees.

    Ok. I'm a UNITY shill. I admit it and I'm proud to counter a lot of the garbage I see on this blog. I sometimes agree with the criticism of Mulgrew, and when I do, I stay silent. I don't pile on because I think overall, he's doing a good job in a terrible situation. I know he's worked non-stop since March of 2020. I know he's doing a better job than UfC could do.

    The strident criticism of this deal just shows how small-minded the people on this blog are. I particularly liked the guy who said he's proud he did no work over the Easter break because he was "robbed" by getting only 7 vacation days. Since when is it robbery to be granted 7 days for no work? Disgusting malingerer.

    I think this is a very good deal, but even if you're not in full support, to say that this is the "last straw" or shows Mulgrew is a "traitor" is just childish and shows how petty you are.

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  27. Can these 7 vacation days be used at one time-on a continuous basis? If that’s true—and I’m feeling okay and Covid cooperates next winter—I’m dreaming about a Florida or Arizona vacation starting Thursday, February 16 thru Sunday, March 5., 2023. (which also includes the midwinter recess) and includes a Baseball Spring Training Tour.
    My wife’s response to my future plan—‘keep dreaming’.

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  28. 1:44... exactly! Youre not dreaming!! This is a once-in-a-career opportunity. That's what this great deal means. Stop the knee jerk criticism of Mulgrew and see the possibilities. Imagine flying to South Africa on the Thursday b4 Thanksgiving at lowest fare imaginable, and returning the Wed after Thanksgiving. That is now possible. Or, get married in Key West on Sat b4 Winter break. Take two week honeymoon. Think of the money you can save on off season trip?

    But fools on this blog just scream for the money. No imagination. No vision.

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    Replies
    1. It’s not about if vacation days are a good compensation or not. It’s about how Mulgrew ALWAYS doesn’t get us monetary compensation or a decent raise ever! He has to stop letting the city hoard all the money. He needs to debate and get us a decent monetary something! He never does that! Just as he didn’t do it in this deal. That is the problem.

      Delete
    2. 2 stupid bananas for this nonsensical comment. I think this is better than just money. It is freedom and money.

      Delete
    3. 2 stupid bananas for you who has no idea how the value of money works. Those days if cashed out at retirement are worth less than money now, moron.

      Delete
    4. I understand how interest works. You're thinking small, imbecile.

      Delete
  29. JUST IN - New York state reports 90,132 new #COVID19 cases, the highest one-day increase on record.

    I blame Trump and DeSantis and the few NY Trump voters.

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  30. Blam e the skeleton and ny idiots for firing health care workers for nothing.no look at this shortage mess.trump was not in favor of mandates.

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  31. Time to go Unity! Sixty plus years is way to long. Time for change! Vote for UFC. I certainly will vote for UFC.

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  32. Yes, the city has plenty of money. Look at all the money wasted on ATRs for the past 15 years. Also for me personally, I am going to request a vacation day for the day before Christmas vacation every year for the next 6 years.

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  33. This is not enough to justify voting for Mulgrew in the next election.
    The UFT negotiating has been very weak during contract negotiations and all negotiations.

    UFT members should have been given the option of being paid cash now with interest.

    Mulgrew does not respect you. Do not vote for someone who does not respect you.

    The UFT relationship with its membership is dysfunctional.

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  34. Anyone else remember a time when people used the phrase "I respectfully disagree" ?

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  35. My 2 cents. What's missing in this deal is any value added for working on a scheduled vacation. We get are getting "paid" so to speak for the days worked. Thanks? But where is any additional compensation for those days being scheduled vacation days? The arbiter mentions the concept, but then the ruling doesn't do that at all? Maybe one could argue that vacation days are more valuable than CAR days, but that (to me) seems lame. In the end sadly our unions structure doesn't provide us (the actual membership) much recourse, with the exception of our vote. Wake up people, and wake up your workmates and use your vote to take your union back.

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  36. The vacation days are fine. Before you get on your high horse about working 7 days... remember what those days were. You likely posted asynchronous work and answered some questions on Google classroom. You didn't have to wake up and travel into work. We worked from our couch. It was done during a pandemic and in a time of need and it really wasn't a big deal. We were stuck inside anyway. And spare me the "I'm not a martyr" nonsense response. We hardly worked those days and you know it.

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