Thursday, December 05, 2013

Will There Be An ATR Time Limit In The Next Contract? The Union Says No!

















The Independent Budget Office (IBO) came out once again that if there was an ATR time limit the City could save 71 million dollars each year.  This report, on top of the Bloomberg influenced New York Times Editorial asking for an ATR time limit has worried 2,000+ excessed teachers, guidance counselors, social workers, assistant principals and secretaries.  "Is the union going to completely sell us out"?  According to the union leadership the answer is an emphatic no.

First, let me give the reader a brief history of how the ATR pool came about.  The ATR issue goes back to the non-binding"fact finding" by a three arbitrator panel which was the basis of the terrible 2005 contract.  The arbitrators recommended that the seniority transfer system that allowed senior teachers who wanted to leave their school, could bump untenured teachers out of their positions at more desirable schools.  The result was the highly experienced  teachers ended up in the best schools while the poor and minority students in struggling schools experienced an unstable and inexperienced teaching staff.or so that was what the DOE claimed and accepted by the arbitrators.   However, then Chancellor Joel Klein wanted to take it one step further and requested that the provision that required that "all excessed teachers in a district in the license area must be placed before schools could hire teachers outside the Department of Education" should be eliminated.  Shockingly, Randi Weingarten agreed to Joel Klein's request with one provision. That the teachers in excess cannot be terminated and that failure to obtain a position is not grounds for termination.  Joel Klein eagerly agreed to the provision and from the moment the 2005 contract was signed, Joel Klein demonized the ATRs.  The Chancellor told the principals, politicians, the media, and anybody else who would listen that the ATRs are :"bad or failed teachers".  The introduction of the "fair student funding formula", tightening budgets, and teacher salaries as part of a school's budget have brought about the ATR crises we are now in with over 2,000 ATRS without a permanent classroom. That's were we now find the situation at the present time.

Previously, the union has consistently refused to include an ATR time limit in contract negotiations with the Bloomberg Administration.  According to the union leadership, the City offered the union the two 4% raises if the union agrees to a 4 month time limit for the ATRs.  The union has refused and have informed me that an ATR time limit is not a negotiable item in any contract negotiations with the new de Blasio Administration.

Another reason for the union's steadfastness on the ATR time linit is that the other Municipal unions would probably file a lawsuit since it violates New York State Civil Service Law and sets a "slippery slope" for other government organizations to form their own "excessed worker pool" and then set a time limit to ensure their termination.  I spoke to one high union official in a uniformed service who claims that the rest of the Municipal unions warned the UFT that they would pursue legal action if they negotiated a ATR time limit.  How true that is, I don't know but I believe its true.

Can the union change their minds and negotiate an ATR time limit?  Well, anything is possible but I believe the union will not sell out the ATRs and let the DOE impose a time limit.  Instead, I look for the union and the new de Blasio Administration to work out procedures to get ATRs back into the classroom by the 2014-15 school year.





13 comments:

Anonymous said...

Question that is kind of related: Do you think in our future contract, it may become "easier" for veteran teachers to transfer? In other words, is the fair funding rule the main obstacle for veteran teachers to easily transfer schools? Any thoughts would be appreciated.

Anonymous said...

don't forget they the union wants our dues! the ATRs MUST have a choice as to where they end up. Without a choice I and most others would rather rotate. There are at least a dozen schools that I will not work in - either because the commute would be crazy or simply because the administration is a bunch of bullies point blank. Without a choice as to where we get a position there is no settlement that is worth anything.

veteran teacher said...

I wholeheartedly disagree with you, Chaz. Although your facts are a billion percent accurate, I see us ATRs as a bargaining chip and as a way for the UFT and the DOE to save face in a lot of ways. For instance, the city can always play the PR game and rip us ATRs to part in the media when things are going bad. The UFT goes along with it. Both the DOE and UFT want ATRs and anyone with seniority out of the system.

The DOE and UFT also have no problems with the ATR pool. WE provide free coverages for the schools and for the city, dropping 125 to 150 million a year is not a big deal since they have more money than they know what to do with.

I see nothing with ATRs happening unless de Blasio takes budgeting and accountability away from principals and that is something I never see happening. Part of what makes principals want to be principals now is the perceived power and self importance. If you force them to hire ATRs, their egos will be hurt and their union will fight it to no end.

Anonymous said...

One thing I've noticed as an ATR is that the principals really do not want us. They want the 22 year olds and help them 'fit in' better. They praise them all the time, bully them to stay late, attend 'lunch and learns', and take kids on Saturday trips for free.

As an ATR in his late 30's, if that is the direction that a principal expects his teachers to follow, then keep me an ATR forever. I have a life outside of the doe

ed notes online said...

Chaz
I wanted some clarification on your point:
"The arbitrators recommended that the seniority transfer system that allowed senior teachers who wanted to leave their school, could bump untenured teachers out of their positions at more desirable schools. The result was the highly experienced teachers ended up in the best schools while the poor and minority students in struggling schools experienced an unstable and inexperienced teaching staff."

The end of the seniority transfer system is a separate issue. Klein claimed that but in fact he was only using it to end the system and Randi agreed. Many of us remained on struggling schools for our entire careers. Most schools in Williamsburg were fairly stable with few seniority tranfers. I fact the numbers I saw were about 500 a year. And those rules did not give teachers first choice of schools. Many teachers took seniority transfers due to long travel times and when they got to their new schools found a country club where they were able due to their experience function very effectively.
The ATRs issue was related to the closing of schools and excessing, a very different issue. In the old days when excessed you would bump a lower seniority teacher -- you were guaranteed a job. The 2005 contract created the open market system where each teacher was on his/her own.
The UFT sold this as "freedom to move" given that principals did have the right to stop you from leaving a school - but could not if you took a seniority transfer.

Chaz said...

Norm:
I saw it first hand. Two long-term teachers who were terrible teachers decided to get out of my school and they both ended up in better schools where they bumped untenured teachers at that school.

Maybe in Williamsburg it didn't happen but in Queens it certainly did.

Chaz said...

VT:

If the union didn't sellout the ATR with Bloomberg, they are not doing it for de Blasio.

Moreover, the union leadership realizes the weekly rotation was a serious mistake, even if they will not publicly admit it. I don't believe that "forced placement" is an issue. More likely it will be the elimination of the fair student funding fiasco with incentives for principals to hire ATRs.

Anon 5:58

Only if the fair student funding formula is eliminated and the teacher budget comes out of Central.

Anonymous said...

Hey Chaz,

I think we are in agreement over the fair student funding formula which gives principals budget control.

Do you ever see that being overturned?

Anonymous said...

Why is it that no other union including police, fire, sanitation who are all working without contracts, there is no discussion regarding seniority?? Why is it that only the UFT has an issue with seniority?? I do not hear a peep about seniority when the NYPD contract is discussed?? Is there something I am missing?? Chaz, please help me understand why only UFT seniority discussions?? This ATR bullshit is disturbing and is a ZANY creation by bloomshit and klein the devil himself. Lets just get a decent contract, eliminate the fair student funding because principals are not budget people they are educators and they cannot handle or effectively use their budgets to properly staff their schools....They simply are just choosing cheap cheap. Stop the lunacy!!! Class sizes are through the roof (you can ask the UFT) students are not getting services such as counseling, college and career prep, special ed programs not in compliance due to lack of staff. For example there are so many special ed students who are mandated to meet with a counselor several times a week and in many cases in groups with other students. However, these services are not being met! Why? Because schools are not staffed properly!! You cannot have just one guidance counselor to handle hundreds of students AND a mandated schedule! Class sizes are crowed, students standing, no desks - these classes can be lowered with the addition of ATR teachers back into the schools....ITs really simple..... So, lets stop the lunacy that is a bloomberg legacy and end this bullcrap of seniority bla bla bla... come on give me a brake with this nonsense which feeds into the bloomshit bull crap lunacy uhhh [please

Anonymous said...

Why is it that no other union including police, fire, sanitation who are all working without contracts, there is no discussion regarding seniority?? Why is it that only the UFT has an issue with seniority?? I do not hear a peep about seniority when the NYPD contract is discussed?? Is there something I am missing?? Chaz, please help me understand why only UFT seniority discussions?? This ATR bullshit is disturbing and is a ZANY creation by bloomshit and klein the devil himself. Lets just get a decent contract, eliminate the fair student funding because principals are not budget people they are educators and they cannot handle or effectively use their budgets to properly staff their schools....They simply are just choosing cheap cheap. Stop the lunacy!!! Class sizes are through the roof (you can ask the UFT) students are not getting services such as counseling, college and career prep, special ed programs not in compliance due to lack of staff. For example there are so many special ed students who are mandated to meet with a counselor several times a week and in many cases in groups with other students. However, these services are not being met! Why? Because schools are not staffed properly!! You cannot have just one guidance counselor to handle hundreds of students AND a mandated schedule! Class sizes are crowed, students standing, no desks - these classes can be lowered with the addition of ATR teachers back into the schools....ITs really simple..... So, lets stop the lunacy that is a bloomberg legacy and end this bullcrap of seniority bla bla bla... come on give me a brake with this nonsense which feeds into the bloomshit bull crap lunacy uhhh [please

Anonymous said...

the last anon is so correct - no other union would get treated as we do ever!
can you write about the atr field supervisors - what do you know about them - I have heard some horror stories that they are giving u ratings to people out of license based on classroom management ! Do you think any of this will stand? Do you think we can grieve if every atr is not observed or for any other reason.

Anonymous said...

Here is what I want to see in the next contract. (but it will never happen)
1) Bring back the old board of examiners. Back when I first started teaching the board of examiners would test teachers,
assistant principals, and principals to make certain that they had the skill requirements to meet the job. Nowadays I see to many people put into positions of authority many who are illiterate. They get there because they went to the leadership academy and many of them have never taught. But testing these people would at least give some assurance that they have certain thinking skills.
After all if we are making kids pass exams, shouldnt we make principals, ap, network people and even the chancellor pass exams. Exempt no one.
2) I believe that every ap, principal, network person right up through the chancellor must teach one class. I would expect to see nothing less than a highly effective rating from these people.

Furtheremore I would expect that teachers be allowed to observe thse people whenever they want.
3) Eliminate the fair funding formula.
These are three provisions that I strongly believe must happen. I can tell you this, if i was the head of the union there would be no contract without these three provisions.

Anonymous said...

The union cannot sell out the ATRs. To do so they would have to attempt to change state law LIFO and in the process be attacked by every union in the city and state ( who would protecting their members). To sell us out would completely end their legitimacy as a union and would ( if they succeeded in changing state law) effectively destroy every union in the state.