The UFT won a major grievance arbitration with a teacher from Aviation High School this past summer. Arbitrator Melissa H Biren ruled that the Department of Education must compensate a teacherbwho teaches an extra class daily at the shortage area pay rate and not at the substantially lower coverage rate. The rate is $7,258 per semester for teaching an extra class for a term as opposed to less than $4,000 if it is paid at the daily coverage rate which currently is $45.38 per coverage.
UFT High School Vice President Janella Hinds testified at the arbitration hearing and proved to the arbitrator that the coverage rate (Article 7N) is only for emergencies but the shortage area rate (Article 7O) is to be paid whether it is in a shortage area or not if someone takes on an extra class for the bulk of a semester.
Arbitrator Biren properly concluded that teaching a class for a term is quite different than covering for a day or two in that there is planning, teaching, assessing, and contacting parents involved when a teacher teaches a class for a term.
It was agreed by the Board of Education and UFT way back in 1998 that non-shortage area teachers could use Circular 6 (professional period) time to teach an extra class in secondary schools. Shortchanging teachers went on for two decades at Aviation and it is probably going on elsewhere as well.
The UFT won the grievance in 2022 so it should be over, right? No, wrong when the corrupt DOE and weak UFT are involved.
The arbitrator retained jurisdiction but the DOE has not paid the grievant who won and we learned earlier today that the DOE refuses to hear the grievances of 20 other Aviation shop teachers who have basically the same case as the person who won the precedent-setting case in August. The teachers were all getting coverage pay last term (finding FAA-certified teachers is not easy but shop is still not listed as a shortage area).
The case for the other 20 is as open and shut as it can get. This is from the UFT Contract as part of Article 22C, Arbitration:
The Board agrees that it will apply to all substantially similar situations the decision of an arbitrator sustaining a grievance and the Union agrees that it will not bring or continue, and that it will not represent any employee in, any grievance which is substantially similar to a grievance denied by the decision of an arbitrator.
The precedent is set by Arbitrator Biren on sixth-period pay. 20 other teachers filed grievances. The DOE, however, reneged on respecting the arbitration decision and the Contract.
The UFT is so incredibly weak that they can't even get a precedent-setting victory enforced. Will they go to court to get the arbitration enforced? We shall see but any union worth its salt would embarrass the hell out of such an employer, would do tit-for-tat and not be cooperating, and would be demanding a substantial interest penalty. Friendly labor relations require both sides to respect the rules. The DOE does not once again and the UFT's answer to the teachers who are cheated is to wait some more. The practice of shortchanging teachers of sixth-period pay has been going on for over twenty years at Aviation. Justice delayed is justice denied again in the DOE-UFT world.
6 comments:
This should not surprise anybody who has worked for the DOE for more than five minutes! The DOE’s or mayor’s word means nothing. I fear the contract and healthcare negotiations will be more of the same.
From the Moose:
I'll give you one more James.
I am in Elementary School and I teach 6 periods daily. How people at multiple levels teach different sets of the number of classes is beyond me. Now see, the Union would want us to fight amongst ourselves. The Union wants people to say "Teaching HS and MS is harder than elementary school". I would agree in terms of the content. Work is work, time worked is time earned. 6 periods is 6 periods.
How can a Union that won a case not enforce the ruling? I can only wait to see what the contract brings. $1 BILLION in Healthcare Givebacks. Remember "The Constitutional Convention" when society VOTED on if our pensions were OK? People get in to city jobs for the Pension and Retirement Programs.
Now in 2022, Mayor Adams says we don't have funding after he slashed 1/4 BILLION in Education Funds. Don't be surprised if Mulgrew and Adams put together "raises" where we pay for our Healthcare. That's not a raise ladies and gentlemen.
I truly believe NYC wants teachers to work for less than 10 years (so you aren't vested), quit, and then be replaced. America doesn't value education and it shows with our teachers, students, and college readiness. But what do I know? I'm just a pimple on the ass of production. Everyday without a contract is a day of "back-pay".
James, thanks for posting my comment. Let the people know that "The Moose" is trying to put some type of spin on what I see.
LOL. Didn't James post a huge article about this very topic saying how hard the uft fought to gain this victory? Pathetic. Please stop.
A student of mine, who always has had horrible attendance, 20-21 years old, had just been out for a month. She just came back. Why? She was in jail. Is this what/who we signed up to work with Is this safe for us? Does the uft have any comment about this type of stuff?
JP: The short answer is Yes. We all signed up to teach all students. NYS says students are entitled to an education until the age of 21. Now let's hope she learns what you're teaching. All you can do is your part.
I've had so many former students in jail. Some who got out have turned out well. Young people in difficult situations that I had no clue about even when teaching them but learned about later have to climb out of a deep well. Those who do deserve credit.
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