Saturday, July 02, 2011
What Actions Are The Union Taking To Correct The Violation Of The Contract That Wrongly Gave ATRs In Schools A Rating Of "N"?
On June 27th, I wrote an article that many of the teachers, including me, who had finished their 3020-a cases and were sent back to schools, were given an "N" rating in violation of the contract. Complaints to the union has been met with varying incorrect responses by the union representatives and no action by the union leadership. Betsy Combier, in her "Rubber Room Reporter" blog also has written about the lack of union action on this issue and can be read Here. It appears that those incompetents at DOE's Human Resources automatically generated an annual report (CAR) for teachers coming out of reassignment as far back as November with a pre-printed grading of "N" (not rated). Principals were confused but complied with the DOE's "N" rating not realizing that they could give their own rating for the time the ATRs were in the schools. Some Principals have tried to contact Human Resources on this issue but have been unable to reach anybody with the knowledge of the problem. "Did they all just disappear"?
Union responses to this violation of the contract has been tepid and confusing, ranging from filing a grievance within ten days, write a rating appeal in September, talk to the Principal over the summer, or the "N" rating issue will be taken up in the Fall. However, all these responses by the union are wrong and absolve them of responsibility in this apparent PERB violation by the DOE. I myself tried to contact the union leadership at 52 Broadway on this issue but suffered the same fate as the Principals have with DOE's Human Resources. No phone calls are returned.
Maybe the union should be filing a PERB complaint as the contract has been violated and not corrected by the DOE. What does the contract say about who gets an "N" rating? It states the following:
A rating of “Not Applicable (NA)” is to be used only in situations where a pedagogical employee is reassigned out of his/her regular assignment for disciplinary reasons. The “NA” rating will apply only for the period of reassignment, cannot be used in any proceeding as evidence of wrongdoing and will not otherwise affect any other rights afforded in the Agreement where ratings are an issue."
This statement is in the October 2007 contract and can be found in Article 21F on page 115 if you want to read it for yourself.
My question is why is the union not enforcing the contract? Furthermore, why are different union Representatives giving various answers to the "N" rating fiasco? I would like the Union leadership to address this manner as quickly as possible since the "N" rating is a "Scarlet Letter" for ATRs who are trying to fill vacancies.