Tuesday, January 12, 2010

Why Is It That Only Teachers Must Meet Contract Time Lines?




In my years working as a teacher for the DOE I have found that only teachers appear to be required to meet time lines and not the DOE. Granted, there are exceptions, for example the union won a rare victory when the DOE challenged and lost the use of the 90 day limit to give a letter to the file. This is known as the 90-Day decision However, these victories are few and far between as our union tends to look the other way in enforcing time lines in the "Contract". Let's look at specific examples of the contract that the DOE violates or ignores.

Article 18: Transfers And Staffing - B: Hardship Transfers

Many teachers are frustrated when applying for a hardship transfer when they meet the condition of traveling more than one hour and thirty minutes each way between their home and place of employment. The DOE drags their feet and in many cases does not approve the transfer and forces the teacher to continually reapply until the DOE finally allows the teacher to move to a closer location. However, many teachers give up after first applying and are forced to travel over one hour and thirty minutes each way because of the DOE ignoring or refusing the original request. Time lines? The DOE needs no time lines. They just drag their feet and delay the request until it disappears,

Article 21: Due Process & Review Procedures -G:3020-a Procedures - 2B Rotational Panel

A pre-hearing conference must be held within ten to fifteen after a selection of an Arbitrator. What a laugh, I know cases where the pre-hearing was held over a year after an Arbitrator was selected! As for ten to fifteen days? Not in this universe.

Article 21: Due Process & Review Procedures -G:3020-a Procedures - 2e Rotational Panel

The final hearing shall be concluded no later than 60 days after the pre-hearing conference and a written decision must be rendered within 30 days of the final hearing date. Suffice to say this never happens. Many teachers spent an average of two years in the "rubber rooms" and some Arbitrators may take up to 9 months to render a written decision once the closing statements have been submitted. If the "Contract" was really enforced then all the Arbitrators would fail to meet the final paragraph of Part 2f which states " "Failure to abide by these rules shall be "good and sufficient" grounds to remove the Arbitrator". Reality shows that these time lines are unrealistic and make a mockery of the 3020-a process. Here again the time lines are ignored and with good reason. However, it is still another example when it comes to others, time lines are not important.

Article 21: Due Process & Review Procedures -G:3020-a Procedures - 4. Investigations

If a reassigned teacher is not charged under section 3020-a within six months of being reassigned. The teacher must be returned to his or her school, unless SCI is the investigating agency. I know of at least 5 teachers who have been reassigned and after a year they have no charges. I am sure there are many more teachers citywide. So much for the six month contract limit. This is another case where the DOE ignores the "Contract". By contrast if a teacher fails to meet the ten day appeal process once he or she is given their 3020-a charges, the DOE will terminate them.

For the DOE it appears time lines are not for them to meet only the teachers they want to target,

45 comments:

Anonymous said...

"Article 18: Transfers And Staffing - B: Hardship Transfers"

If I remember clearly, there was a decision made in May 2009 where a teacher won an arbitration for a hardship transfer. The male teacher has M.S. and traveled over 1 1/2 hours to his school. On this teacher would put in application for a transfer. The DoE would not grant him the hardship transfer to a school that's a few minutes from his home. The union finally stepped in and the teacher received his hardship transfer.

I don't know how long the teacher was waiting for his hardship transfer before the union stepped in.

Anonymous said...

Right on target. Neither the union nor DOE is interested in enforcing timelines. The teacher suffers of course, the rubber room fiasco/scandal is just one example. Klein, the architect of the rubber room quagmire, pretends surprise that the situation is a personnel and budgetary mess. The unenforced timelines, the frivolous and false charges, and a hundred other DOE practices have created the rubber room issue, it is an unexplored scandal that will eventually explode in Klein's face.

Anonymous said...

Chaz,

During the Teachers4Action case, the teachers actually compiled a spread sheet that showed that in 52 cases the DoE had violated every time limit in the 3020a process.

The 3020a process in NYC is a watered down and bastardized version of statewide 3020a laws.

The main thrust is that the union in it's infinite wisdom decided to accede or "collaborate" with the
DoE in going after teachers, while removing any vestiges of the law that actually provide some sort of protection for the teacher who is undergoing "the trial of charges".

We all know that the actual procedure are a mockery and a kangaroo court.

There is no semblance of anything that suggests a whiff of justice.

The entire lot of cases that missed the proscribed deadlines need to be either dismissed or retried.

At this point, the teachers who had their first, fourth, fifth and fourteenth ammendment rights trampled on, should sue for damages in Federal court.

The state courts by and large judge in favor of Bloomberg and are wholly corrupt.

The union should be sued for the same precise reason as the DoE.

The union aided and abbetted malicious prosecution. The union stood by and collected their dues while they participated in trampling on their dues payers rights.

The union did absolutely nothing except act suprised.

The union is even more to blame because they supposedly advocate for their teachers. All they do is participate through inaction, pr spin and feigned indignation and suprise.

Horseface Swinegarden is at it again. Read her suggestion in today's NY Times on tying teacher tenure and evaluation to standardized testing. She also touts "streamlining" the 3020a process.

Hey horsface, stay in D.C. and shut your stupid yap. How dare you proclaim, yourself as a teacher.

You are no more qualified than Saddam Hussein to teach.

Sit and Spin until you rot on the cosmic utensil.

The Central Scrutinizer

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