One of the most disturbing part of the proposed UFT/DOE contract is the "caste system" that is being established by the DOE for the ATRs with diminished "due process rights" , lack of a "mutual consent" requirement, and worst of all the punishing of ATRs who won their 3020-a termination hearings and that's unfair.
According to the Memorandum of Agreement (MOA) the union has agreed to allow the DOE to continue to punish those ATRs who won their 3020-a termination hearings by agreeing that the DOE did not have to offer these ATRs an interview or a "provisional placement", no matter how long ago their 3020-a hearings happened. These ATRs who survived their discipline process are now known as the "untouchables" and are being placed in a separate, or lowest category of the union approved DOE "caste system".
Approximately 25% of the ATRs are now classified as "untouchable" and they include any member that received a fine of $2,000 or more, a 30 day suspension or longer, and who agreed to a stipulation. Moreover, there is no time limit, looking back. That means that a member who won their 3020-a termination hearing in the last century could be included as an "untouchable". The lowest DOE caste.
These "untouchables" include many quality educators who did nothing more than being targeted by a vindictive or biased Principal, or challenged an administrator about violating their or their students rights (IEP for one) that resulted in the bogus or frivolous 3020-a charges. Because of how the New York City 3020-a arbitration works, the arbitrator usually gives something to the DOE and a $2,000 award is simply a slap on the wrist. Therefore, almost all teachers who went through the 3020-a process is included in the lowest DOE caste, the "untouchables". Therefore, no matter how long ago an educator was subject to the 3020-a process and no matter how many satisfactory observations and ratings they received since, they are now "untouchable" according to the DOE.
How can our union have agreed to this travesty of justice in allowing the DOE to punish the ATRs who won their 3020-a termination hearings by placing them in the lowest caste and treating them as "untouchables". Shame on the DOE who developed this "caste system", shame on the union leadership who agreed to it, and shame on the members who vote yes for this unjust contract that treats its members differently.