Last night the UFT released the Memorandum of Agreement (MOA) and has officially descended into the cesspool of collaboration with the DOE by throwing the ATRs "under the bus". The MOA has severely weakened the ATR "due process rights" by allowing for an expedited 3020-a hearing based on Principal accusations and misunderstandings that appointed teachers would not be disciplined for. In other words the ATRs are now "second class citizens".
For ATRs who survived their 3020-a hearings, they are being put in a separate class and are known as the "untouchables", the lowest caste. These ATRs are considered guilty of charges by the DOE even when an independent arbitrator dismissed these termination charges in the 3020-a hearing. The "untouchables" will not be given mandatory interviews or "provisional appointments" by the DOE and will stay in rotation. In other words the DOE and UFT are saying "find your own job if you can"! The "untouchables" consist of all survivors of the 3020-a process who were fined $2,000 or more, received a 30 month or longer suspension, or agreed to a stipulation. A change of tone at the DOE? What change of tone?
Apparently, despite assurances that the "fair student funding" would change. The MOA says no such thing. Therefore, when ATRs take "provisional vacancies", 95% of them will be excessed at year's end since the schools would have to pay the full ATR salary in the second year. In other words, there is no change from this and last year. The union may object to my use of the "caste system" but what else do you call it when there are different rules for three different groups of teachers? For the ATRs excessed from closing schools or programs are now "second class citizens" while ATRs who won their 3020-a discipline hearings are "untouchables" Here are the special rules that apply only to the ATRs and nobody else.
- An expedited one day 3020-a hearing based on two principals in two consecutive years claiming the vaguely worded term "unprofessional conduct".
- Termination when failing to show up for two mandatory interviews.
- Automatic resignation when failing to appear to a "forced placement" after two days.
- No "mutual consent", the ATR has no choice in accepting a position.
When a police precinct or fire station is closed or a police officer and fireman are disciplined, they are sent to another precinct or fire station to prove they are still a valuable asset. No union would sellout the most vulnerable members like the UFT did. It's obvious the the vindictive Bloomberg Era policies are still in force at the DOE and our union has bought into it with the MOA when it comes to the ATRs. How can the UFT allow the DOE to impose this vindictive and unfair "caste system" and claim victory?
Vote No for a contract that's short on money and imposes an unfair "caste system" for its teaching members.
29 comments:
100% correct. The union has never done a thing for me, but I was happy to give them my dues assuming they would protect us to the best of their ability. This is not the best of their ability- this is something Bloomberg wouldn't have gotten if he asked. So we're sold out to show good faith to a humanistic mayor?
Guess it time to look for a new job like UFT president
What's lower than an Untouchable? Me. The union refused to defend me at my 3020a because I demanded that the NYSUT attorney (a) expose the corruption of OSI investigator Dennis Boyles who substantiated two bogus corporal punishment complaints and (b)file perjury charges re the inevitable lies of DOE witnesses.
I happily went pro se and had the pleasure of cross-examining Boyles and the prosecution stooges. The Arbitrator threw out all the charges and slapped Boyles and the lying witnesses.
Nevertheless, the far too Solomonic Arbitrator dumped me into the ATR pool by fining me $10,000 for uncharged and unchargable offenses.
Topping things off, last year defrocked DR Tom Bennett flipped out at an chapter meeting and screamed, "I'm gonna get Mulgrew to come down here and beat the shit out of you."
Did Mulgrew apologize for his rabid rep? Is the Archbishop of Cantebury Catholic?
I think the bigger and more realistic fear is to become an ATR by winning a 3020 termination hearing. SInce schools are not going to be closing as in the Bloomberg years, the chances of getting excessed are slimmer. (Not that they can't or wont happen in the future, just a lesser chance) However, any principal can make up 3020 charges, so that is way more of a reality for the majority of teachers.
I've been reading this blog for a while. I was really gung-ho about the contract and the top salary, etc. As the days passed and I spoke to more and more people, I realize now that this contract is a sellout. Believe me, I was voting yes all the way. Now, it's very clear and I'm voting NO. This is BULLSHIT. Screw the money!!!! The union has to stay strong and tell Mulgrew & Co. to fuck off!!
How many members loved the 2005 contract, with all its givebacks, longer day, coming in before Labor Day, no grieving of LIFs, no seniority transfer, and it's 43% salary increase at that time? The focus was the money, not the consequences that was tied to it. Ask them how much do they hate the 2005 contract now?
Therefore, in 4 years ask them members how much do they love the 9 year contract of 2009 - 2018 and let's see how many members are still in the system to answer that question. Hopefully, this contract will have such irreversible consequences that the members will vote Mulgrew out in May 2016.
This is pathetic. The delegates voted to send the contract to it's members. I guess that means the majority if the delegates approved it?
I was at the meeting tonight as a non-voting, dues paying visitor- teacher. The president (in my opinion) answered all questions raised to my satisfaction. I was on the fence before the delegates assembly, but after listening to all the give and take I am now firmly in support of the contract. I do not believe the ATR's are being "thrown under the bus" or any statement like that. I think finally they are going to be heading back to the classroom to teach as Mulgrew said tonight.
Those of you who represent ICE, for your and your fractions best interest stop looking for a fight where one is not needed. You should approve the contract and be glad that we have one to approve. It's been five years!
To Philip Nobile I would like to know the name of the UFT lawyer who would not fight for you. We need to know for our brothers and sisters who is he?
Anon 8:33
Didn't you read the MOA? It clearly states a different set of rules for ATRs, especially for ATRs who survived their termination hearings.
How can the UFT be trusted? I rather wait another year without a contract than take what is on the table.
I have only been an ATR for a year and I still need another ten years to get any kind of decent money from a pension
NYC schools are a mess DO You know how easy it is for a principal to claim that an ATR is unprofessional...Principals ( especially the young ones) look at ATRs as a threat because we talk back when they try to abuse us..That alone is enough TO VOTE down this contract. we are suppose to be a UNION OF EDUCATORS?? Then WHY are ATRS gauged under different rules ..OUR UNION has become useless....
To Anonymous 8:38:
The NYSUT lawyers who refused to represent me, with Mulgrew's approval, are Richard Shane and Catharine Battle.
How sad. Tonight Mulgrew told the delegate assembly that the proposed expedited 3020A hearings for ATRs was to protect them, and entirely to their benefit.
That fascist tool has to be voted out.
Huhh? Did I just read this right? Mondays and Tuesdays are extended time days. Mondays are an additional 80 minutes AFTER THE SCHOOL DAY. Tuesdays are 75 minutes AFTER THE SCHOOL DAY. WTF is this? Is this every single Monday and Tuesday? Is this correct Chaz?
reccWent to the delegate assembly tonight. More spin.....Mulgrew claimed "the expedited 3020A hearings only for ATRs are to protect them".....??????
Wow, almost as good as Arundel saying "ATRs are lucky to have jobs".
Unity forever!
Goodbye Unity.
There a former principal, ATR supervisor in the Bronx named Quale, who's handing out U s like bathroom passes at Wings. He told one ATR the he should retire and dresses "unprofessionally" and gave him a U. (I guess that's enough of a reason with the new contract.)He comes totally unannounced to observe, and gave an art teacher a U for being unfamiliar with the out of license subject she was observed in. With the new contract all these ATRs will be sitting in termination hearings.
Instead Of The 37minutes monday-thursday for tutoring They Shifted time to be used all on Monday And Tuesday. Then Wed-friday You Get Out 37 min Earlier. Just reshifting the time to get more use out of it in bigger blocks. if Your School Doesn't Like it, it has the freedom to pick a number of dif Choices. They need to be approved by sbo vote, lots of freedom of Choice.
What makes our Union Members erroneously think that we are automatically entitled to retroactive pay, as if it is a law in NYS? In fact, in many US States is is explicitly AGAINST the law! Read this link for a slightly comparable case to ours
http://www.estateofdenial.com/2012/09/22/judge-rejects-colleagues-bid-to-compel-retroactive-pay-raise-after-13-year-impasse-ny/
If this contract is voted down, retroactive pay could EASILY be completely removed!
Also, the only other time in the history of our Union that the contract was voted down, was in the 90s, when there was a massive teacher shortage! There is no shortage today, in fact there is an excess. We vote no, and we might wait yet another five years and get ZERO retroactive pay!
If this contract goes into effect, there simply is no more union. A union can't divide members and discriminate. It is no longer a union, it's a division of the DOE. I also believe it's illegal. Perhaps it's time to start picketing the UFT? There's a strong probability the vast majority of ATRs will be unemployed by this time next year.
UFT is actually holding meetings in early June for those who,want to retire before the June 30, 2014 deadline. If you retire by them you get your retro in one lump sum. People are running to the exits. This isn't a contract, it is a retirement incentive and a termination of ATRs disguised as a contract. The rest will get a salary decrease based on the contracts length and the cost of living.
Contract says "IN SERVICE" members will get retro. In service at time of payment or in service this year? If I choose to quit 6 months from now, I should get retro since work was already done
Page 39 and the definition of problematic behavior applicable only to ATR's is unbelievable. The UFT must hope that most people don't bother to read the contract. Do you think the newspapers would print the UFT's definition of problematic behavior. "... problematic behavior means behavior that is inconsistent with the expectations established for professionals working in schools..." Two times cited and an ATR and ATR only is headed for fast tracked 3020a termination. We must UNITE, VOTE NO, and oust our leaders, Mulgrew, farina, Deblasio, and co.
NY Post talking about a leaked Mulgrew email which said many ATR would not be subject to expediated dismissal. Anyone know the details?
Believing he was among friends, UFT boss Mike Mulgrew showed what he’s really made of during a closed-door meeting with union activists — spewing hatred toward education “reformers,” charter schools and even admitting he sabotaged teacher evaluations.
“We are at war with the reformers,” Mulgrew said bluntly in an extraordinary admission during a gathering of 3,400 union delegates who voted for a new labor contract Wednesday night.
“Their ideas will absolutely destroy — forget about public education — they will destroy education in our country.”
The Wednesday-night meeting of union delegates was closed to the press — but Mulgrew’s comments were forwarded to the Web site ny.chalkbeat.org.
In another provocative admission, Mulgrew said he deliberately “gummed up” the implementation of teacher evaluations last year during negotiations with the prior Bloomberg administration.
He lobbied to have teachers rated in 22 different categories, presumably to make it easier for teachers to contest bad ratings. The new labor contract reduces the number of rating categories to eight.
“It was a strategy decision to gum up the works because we knew what their lawyers were trying to do,” Mulgrew said of city officials.
“That’s things I don’t get to say in public when I’m doing them, because we knew they had a plan to use the new evaluation system to go after people.”
Mulgrew launched his attack against education reformers while discussing his support for the creation of 200 experimental public schools to rival charter schools.
‘MULGREW SAW THE TEACHERS CONTRACT AS AN OPPORTUNITY TO SETTLE SCORES RATHER THAN AS A TOOL TO IMPROVE SCHOOLS FOR KIDS.’
- Jenny Sedlis
The labor leader’s remarks were startling given that Mayor de Blasio has negotiated a fragile truce with the independently managed, publicly funded charter schools.
Unlike regular public schools, most charters are staffed by non-union teachers — and the United Federation of Teachers considers them a threat.
School-reform leaders were outraged by Mulgrew’s remarks.
“Mulgrew saw the teachers contract as an opportunity to settle scores rather than as a tool to improve schools for kids,” said Jenny Sedlis of StudentsFirstNY.
Parent activist Campbell Brown fumed, “He argues in favor of making life harder for educators by increasing the complexity of the evaluation system for purely political reasons.
“It is so cynical and proves that this is someone who does not care about kids,” she said.
UFT spokeswoman Alison Gendar said the union does not comment on closed meetings.
This isn’t the first time the union leader has spouted off to his rank-and-file.
Mulgrew once called former Schools Chancellor Joel Klein “Chancellor Numbnuts” at a delegate breakfast in Washington, DC.
I just spoke to a UFT representative (Gene J. Mann).
He told me that there is no forced placement of ATRS. He said you go on an interview and if the principal wants to hire you he does. If not you are returned to the ATR pool. This notion about a
A FORCED PLACEMENT ON OCTOBER 15 IS INCORRECT. THERE IS NO FORCED PLACEMENT. I asked him this 3 times. There is no forced placement on October 15.
Anon 1:20
Mr. Mann is wrong! If a Principal wants you and you don't want to teach there, you are FORCED TO TAKE THE POSITION! You cannot refuse it!.
The only person who should have an expediated termination is Mulgrew. He could not care less about the teachers he represents. We worked very hard and deserve the 4 and 4 upfront. We should not be waiting 11 years to get back pay on it. We need to send a message and vote NO.
Hi Chaz,
I've read the proposed contract- it's terrible, especially if you're an ATR. Now I'm hearing this is a protection net for ATRs. All of the chapter leaders are saying don't worry, the DOE can't do anything to the ATRs. I do worry when everyone is saying don't. What the hell is going on? Is this a complete sell out or some super genius manipulative force field?
This contract also has provisions to allow 200 schools to make decisions outside the UFT contract and also a merit pay section all this put together means easy terminations in the future. The Danielsons rubric is too annoying and time consuming to use for terminations. They want something more expedient. The new contract is a union busting contract.
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