Saturday, May 05, 2012

The Emperor Mayor Decrees No Retroactive Raises For His Subjects. Oops He Forgot Abiout The Taylor Law.


Yet again, the Emperor, Mayor Michael Bloomberg, has decreed that no New York City employees will receive retroactive pay raises.  The newspapers eagerly jumped on the bandwagon and supported the Emperor's decree,  However, the Emperor has no clothes when it comes to this decree.  You see there is something called the Taylor Law in New York State that requires the Emperor to negotiate a contract with his subjects, oops, I mean City employees.

While the Emperor can say whatever he wants,  The fact is that he or most likely his successor, will  need to negotiate with the unions and the unions will not agree to eliminate retroactive raises.  This is particularly true of the teachers who are waiting for a new contract since October of 2009.  The teachers are owed the "City pattern"  which includes two retroactive 4% raises, minus 0.58% for Randi Weingarten's final giveaway to the City in 2009. Since the City finances is in much better shape than the State's and the Emperor is fast becoming a "lame duck", no City union will agree to eliminate retroactive raises. 

The bottom line the Emperor can decree all he wants but no union will seriously negotiate with him until he gets dethroned in January 2014.

14 comments:

Anonymous said...

Even if Mayor Adolph Napoleon thought he could get away screwing the teachers, which would please his lackeys. The public would never stand for him screwing the police and firemen, so this will not fly. I never assume laws will stand in this dictators way. He usually figures he can buy his way around them.

NYCDOEnuts said...

the unions and the unions will not agree to eliminate retroactive raises

You mean ours? The way the fought tooth and nail to keep those schools open? Boy they really went to bat for our colleagues there, didn't they?

Honestly, the UFT probably asked him to insert that line in his speech just so it would be easier on them to go to us and say 'it was the best we could do'.

Oh, by the way, I don't think APPR can go into effect until the required contract changes (to the observation process) are made -so that might mean a new contract...
...which would mean we would all be able to vote on the contract and the system. Wouldn't that be cool.

Anonymous said...

This man can't get out of office and NY quick enough. Love how the papers all kiss the ground he walks on when he takes on unions.

Former Teacher said...

Chaz,

I would like to know why you believe these laws will be upheld (Taylor) I am a substitute teacher and go into different buildings everyday and see that the laws or rules of the UFT contract are broken everyday. Teachers on four day schedules in high schools because they have a baby at home. Teachers on abbreviated scedules because they have a baby home. Teachers being paid per diem yet work a full schedule and are considered on faculty. Jobs being advertised on Craigslist. I could go on and on. All of this is out in the open and NO ONE says anything. If I was from somewhere else, I would think that school employees are "at will" employees.
Additionally, do not tell me about the UFT going to court. There is some much evidence of age discriminiation and this whole turning around schools to get rid of expensive staff, I really believe they go to the steps of the courthouse and turn around and go back to their offices. So this will not come as any surprise when this indeed happens. The ATRS have been wandering nomads for the whole year and nothing was ever done for them. No one talks about what will happen to this pool next year. What makes you so sure that the law will be upheld?

Chaz said...

NYCDOEnuts:

I received it from a DOE source who told me that a email was sent to the principals telling them about the discipline flag.

Anonymous said...

Chaz, your totally wrong here. The Taylor law does not require or guarantee retroactive raises. That is a matter for negotiation. The next Mayor may be just as harsh as Bloomberg. Teachers were saying the same thing about Mayor Rudy. Do you remember him?? Maybe it is time to get what we can and move forward. Look at the years of lost money from OUR pockets. The UFT is just playing into the DOE's hands as they earn interest on OUR money and then give it back in a contract. BTW, the next Mayor could be worse. Look what a Democrat Governor has been doing to the school system.

Chaz said...

Anon 2:30

I think you need to reread my post. I never said we are guaranteed retroactive raises, only that Bloomberg cannot remove retroactive raises from a new contract without union agreement as per the Taylor Law.

Anonymous said...

Anon 230:

Chaz is right about the retroactive raises. Bloomberg cannot simply say there are no retroactive raises without violating the Taylor Law.

The Taylor Law requires the employer to negotiate a contract in "good faith" and the Mayor's ignoring of the City pattern as Chaz has pointed out puts the Mayor behind the eight ball.

OI also agree with Chaz that no union will be negotiating with the Mayor until he leaves office.

Anonymous said...

Sorry Chaz your still wrong. Your acting like their is a presumption in favor of a retroactive raise? The CBA is silent and we have no contract. Given the economic realities of the City, do you really think the Mayor will be found to be bargaining in bad faith? I want a retroactive check just like you, but we need to face reality.

zulma said...

Here's another point, those who retire this year, by June, will retire with a salary that's 8% less. When the 8% is finally, hopefully, negotiated and ratified, those retirees who waited for that increase will never see it. Since May 2008, 4 salary increase years ago, our colleagues have waited for that salary increase (those with 22 years and over). This I call "lost" FAS for all those members. The mayor has destroyed the potential pension income for every member who retired after May 2008.

Chaz said...

Anon 8:51

You are the one who is wrong! The "City pattern" has been part of the CBA for 43 years! The retroactive raises, especially for the first two years will eventually be part of the contract with the next Mayor.

Anonymous said...

Keep dreaming Chaz

Anonymous said...

As if things aren't bad enough, Philissa Cramer of Gotham Schools was on a program on WNYC yesterday (5/9) about whether teachers retirement benefits are too much for the work that they do.
This was of course on the Brian Lehrer Show, who has (along with the other media in NYC) completely ignored the Bloomberg scandal of the last ten years.
The show ended with a call from a listener who described NYC teaching as a "racket", which Ms. Cramer didn't challenge.

Anonymous said...

When I retired there was no contract. When a new contract was reached I received the retroaqctive money they owed me up to the day I retired. Retiring teachers will not lose out.

I would imagine that the mayor can't wait to vacate his office and leave his mess for the next mayor. There are not too many shining stars in the list of prospective candidates. Rest assured that the one who gets UFT backing (if any) will come up with a contract.
UFT endorsement is a big deal. It means lots of help and phone banks. In the days of the Community School Boards the UFt used to issue palm cards so that the few voters would know who to vote for.