Sunday, May 04, 2014

A Contract That Michael Bloomberg Would Be Proud Of.


























The UFT and the union-friendly progressive Mayor of New York City, Bill de Blasio agreed to a nine year contract on Thursday and while the "devil is in the details" as there is no Memorandum of Agreement (MOA), it appears that our union leadership did a poor job in negotiating a fair and just contract for its members.  The new contract is short on money which will not even cover the inflation rate of the last three years in New York City, defers many of the raises and "retroactive pay" to future years, weakens "due process rights" of ATRs, allows for "merit pay" and allows some schools to be run like "charter schools".

The Money:
The UFT managed to get from the City the two 4% raises we were entitled to from the previous "City pattern" and with full retroactivity.  However, it comes at a cost.  The two 4% raises were chopped into four 2% increases starting in May of 2015 and ending in May of 2018.   The "retroactive pay" will also be separated into four parts with the first 12.5% of the lump sum payout being handed out in October 2015 and the last one being given to us in October 2020.  For some reason there is no lump sum payout in October of 2016.  The table can be found Here.  The remainder of the contract works out to be a 10% raise for  seven years or a 1.43% annual raise for the life of the contract, less that the New York City inflation rate of 2.2% in the last three years. Finally, all members will be getting a $1,000 bonus after approving the contract that covers the one and a half years where there were "zero raises" (2011 and 2012) .  The total contract value, assuming one lasts to 2020, will be 18% for nine years and after compounding 19.5%, with "full "retroactive pay".

Interestingly, teachers who resigned (not retired) or were terminated between 2009-11 will not get any of the money, while those who resign or get terminated after 2011 will only get the raises entitled to them up to the date of resignation/termination and that goes for the lump sum "retroactive pay" as well.  To encourage veteran teachers to retire, the contract allows for paying the retiring member all of the "retroactive raise" and lump sum payments at the time of retirement as long as the member retires by June 30th of 2015. Members who retire after that date will get the the "retroactive raises" and lump sum payouts at the time active members do.

ATR "Due Process Rights":
The contract addresses the ATR problem by allowing the DOE to pick off the weakest members of the ATR pool. The new contract allows the DOE to initiate an "expedited 3020-a hearing" that includes a one day trial in front of an arbitrator, after two separate principals find that the teacher committed unprofessional behavior.  This could be "time and attendance" misconduct, or insubordination.  This also includes failure to show up for job interviews and a refusal to take a job offer.  The problem here is how will "unprofessional behavior" be defined?  Lot's of potential abuse without it explicitly spelled out. Definitely a weakling of "due process rights".

 The contract also states that all ATRs will fill all school vacancies after October 15th.  In other words the ATRs get "sloppy seconds" and usually in schools where teachers quit because of the school environment.  The DOE has promised that schools will pick up the ATR salaries over the "average teacher salary" of the school to encourage Principal hiring of the ATRs.  Finally, there is to be a severance package for ATRs to leave, possibly up to a year of salary.

Merit Pay:
The union agreed to two forms of "merit pay"they are a new “career ladder” compensation system, where high-performing teachers can earn yearly bonuses of $7,500 or $20,000 for allowing colleagues to observe their work or sharing best practices. Teachers who work at certain schools in low-income areas will be paid a $5,000 bonus. Low-rated teachers won’t receive the bonus, the city said.

Expanding Sexual Misconduct:
The new contract will allow the DOE to terminate teachers under the "sexual misconduct" provision for sexually charged texting and for inappropriate touching.  I guess Campbell Brown's crusade was partially successful.  The problem lies with how they define "inappropriate touching"?  I see real abuse here, especially with the corrupt SCI and OSI investigation process.

Rearranging Time:
There will be no extra time and for single session schools the existing 37.5 minute extra time will be used for professional development and parent calls/meeting.  Multi-session schools have an option
but since many of the schools went to a 4-1 Science schedule, they really cannot reduce class time without violating New York State Education Law due to minimum classroom time requirements  There will be four parent teacher conferences instead of two.  However, the time period extends from 2.5 to 3 hours for parent teacher conference days and evenings.

Teacher Evaluation:
The components under Danielson will go from 22 to 8 and no artifacts.  The DOE will work with the UFT to make more changes, going forward.  The  unfair termination procedures and number of observations remain unchanged.

Paperwork:
A joint committee, with a mediator,  will be formed to determine if current paperwork  is necessary.  Disagreements will go to an arbitrator if an impasse is declared.

200 Schools With No Contract:
There will be 200 schools selected where the UFT/DOE contract and provisions will not apply.  In other words, a charter school with extended days, extra duties, and tenure restrictions.. 


Let's see if this contract met the Michael Bloomberg smell test.

  • Raises less than the inflation rate?  Yes.
  • Retroactive pay and raises deferred up to six years?  Yes.
  • Eliminating teachers who resign or are terminated from those raises? Yes
  • Weakening ATR "due process rights"? Yes 
  • Merit pay? Yes.
  • Expanding acts subject to sexual misconduct and termination? Yes.
  • Reduce components in Danielson?  Yes
  • Termination requirements under the Teacher Evaluation System stays the same? Yes.
  • Did the newspapers praise it?  Yes.
While the ex-Mayor may have wanted more "givebacks".  I believe he would happily settle for a stinky contract like this.

48 comments:

  1. Anonymous10:06 AM

    Chaz can you help me out??
    There are too many unanswered questions. Did the weekly rotations end ?? Will rotations go into place in September? What if there are no vacancies inyour district ? when we are sent to a school next October are we there for a year ? Or do the principals have the power to throw us back into the ATR pool after a month??? does anyone know the answers ??

    ReplyDelete
  2. Anonymous10:07 AM

    I would accept 1 years pay plus full retro in severance package. Of course, I already earned the retro, so that's not really doing me a favor

    ReplyDelete
  3. Bronx ATR10:29 AM

    The local newspapers first shouted this was a great contract for NYC and that De Blasio finally came through. If the NY Pox shouts we have a great deal, you know you don't. Now that many teachers are realizing this contract stinks the daily rags are saying the opposite. I think they are afraid it won't be ratified- and they're not the only ones.

    ReplyDelete
    Replies
    1. Anonymous7:48 PM

      Mulgrew is shitting in his pants that this contract is not going to be ratified. I got 3 emails today pleading its merits.

      Delete
  4. Do you really think 51% will vote no, even though I am.

    ReplyDelete
  5. Anonymous10:51 AM

    if you are sent back into the pool due to poor fit does that count as 1 strike?
    although i would assume principals will come up with a bogus reason

    ReplyDelete
  6. Anonymous10:57 AM

    Vote No to the Contract! Vote Mulgrew out of office in 2016 he does not represent us!

    ReplyDelete
  7. Anonymous10:59 AM

    Everyone needs to like the Facebook page Vote no to the UFT contract! Let's get the message out loud and clear!

    ReplyDelete
  8. Anonymous11:02 AM

    Is the retro payouts only for the missing 8%from 2009 through 2011?
    What about missing 8% for 2013 & 2014 & the 6% for 2015 & then 4% for 2016 & then 2% for 2017??

    ReplyDelete
  9. Chaz do you know when the lump sum payment for the 2013 1% retro and the 2014 1% retro will come?

    ReplyDelete
  10. Anonymous11:05 AM

    Chaz do you know when the lump sum payment for the 2013 1% retro and 2014 1% retro will be issued?

    ReplyDelete
  11. Anonymous11:09 AM

    I have heard young teachers, at a very good school I was at last week, praising this contract. They haven't been around, haven't been an ATR, probably haven't (yet) been falsely accused of doing or saying things they never did, probably haven't been at a school like Campus Maggot, Frederick Douglass in Far Rock, or Beach Channel or suffered a lot of the other stuff veteran ATRs have. They only saw the word "raise" and "only 8 of the Danielson components instead of 22" of the proposed new contract. SOLD!

    I am very much afraid that since a large proportion of veteran teachers have already been run out of the system, people who know what the DOE is capable of doing to torment and terminate teachers, these young naive teachers will vote FOR this horrible contract.

    Since ATRs would be treated differently, like 3rd class citizens, under this proposed contract, would there not be a valid lawsuit for discrimination here?

    ReplyDelete
  12. Anonymous11:12 AM

    Teachers do not sign up for this contract. We can do a lot better. We can only expect more abuses from the administration if they implement this contract. As for the ATR we will have none for next year because they will be send to "Specialized schools" where they will get U and be out in 50 days. Why do we have to wait for so many years to get the retro payments. Read it. analyze it, this contract is bad for teachers and education in general. Remember, we helped the City so many times. Why are we the only Union that has to make sacrifices all the time. THIS CONTRACT IS BAD VERY BAD.

    ReplyDelete
  13. Anon 10:51

    I'm assuming they must document professional misconduct not simply a "poor fit" but I can see abuses coming from it.

    Anon 11:02

    I'm confused about your post. My table explains all in my previous post.

    Anon 11:03

    In the fall, probably in September-October.

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  14. Anonymous11:36 AM

    So they will give ATRs a severance pack, but then say you cant have the retro you already worked for at the same time. Not much of a deal...

    ReplyDelete
  15. Anonymous11:37 AM

    Can someone do the math step by step so we can see how the raises are being given? It seems so straightforward with the other union contracts 4% raise of salary 2009, 4% of salary of 2010 and then the rest of the raises and retro. From the union graphic organizer I can not figure out which salary they are using to calculate the retro- is it all based on where you were on the scale in 2009? Thank you.

    ReplyDelete
  16. Anonymous11:56 AM

    Base salary 6 figures, no more ATR pool, no more school closings, high school classes are basically over this year, won't have to be jelous of ATR's who read books all day in the lounge making what I make without teaching. Life is GOOD.

    ReplyDelete
    Replies
    1. Anonymous12:02 PM

      Why be jealous of someone forced out of a spot and treated like an outsider? ATR'S didn't ask to get up early , dress professionally for work and then be forced to sit somewhere all day. We went to school for Master's degrees and some for Phds
      . I am a 13 yr guidance counselor and want to work. Please don't be jealous of my situation and never wish bad on others. In this system things change so fast and in the last few yrs, nothing has been in the educators best interest.

      Delete
  17. Anonymous1:41 PM

    Sunday, May 4, 2014Vote YES on the Contract! Lose 57K!
    One thing many teachers don't realize is that they won't be getting the 4% plus 4% increase they were promised until they begin getting an "extra" 2% per year in 2015-2018. What most teachers realize even less is just how much this will cost them.

    You see, the UFT backloaded the contract. The 4% plus 4% you should have gotten in 2009 and 2010 won't be paid in total until 2018. Here's the percentages you would have gotten over the life of the contract if the UFT had done it right:

    4, 4, 0, 0, 1, 1, 1, 1.5, 2.5, 3 =18%

    Instead you will get what the UFT settled for:

    0, 0, 0, 0, 1, 1, 3, 3.5, 4.5, 5=18%

    So what does that mean in real dollars? Well, keep in mind that I am not a math teacher, so I will gladly revise these numbers if someone shows them to be wrong. For ease of calculation because I am lazy, I used the top salary of 100,049 rounded to 100K. The column "Salary with Frontloading" shows what you would have made if you'd gotten the 4+4 we were promised up front. The "Salary with Backloading" shows the salary you will actually receive under the terms of the new agreement. The "Annual Loss" column shows how much you stand to lose due to the backloading. Obviously, if you make less than the max, your loss will be less, but still quite significant.


    Salary Year Raise Salary with Frontloading Raise Salary with Backloading Annual
    Loss
    2009-10 4% $104000 0% $100000 $4000
    2010-11 4% $108160 0% $100000 $8160
    2011-12 0% $108160 0% $100000 $8160
    2012-13 0% $108160 0% $100000 $8160
    2013-14 1% $109241 1% $101000 $8241
    2014-15 1% $110333 1% $102100 $8233
    2015-16 1% $111436 3% $105163 $6273
    2016-17 1.5% $113107 3.5 $108843 $4264
    2017-18 2.5% $115934 4.5 $113740 $2194
    2018-19 3% $119412 5 $119427 -$15




    If you add up the numbers in the "Annual Loss" column, it comes to $57,670.


    That's right. Vote yes for this contract the way it is structured, and you will lose as much as 57K.


    ReplyDelete
    Replies
    1. Anonymous5:48 PM

      Seriously, you spent a lot if your time on a Sunday to write this? Try match.com

      Delete
  18. Anonymous3:40 PM

    Anon 11:56
    Life is not so good when a collocation or a budget cut causes you to be unceremoniously dumped into the festering sewer that is the ATR pool.
    Only then will you realize that your mythical rights are less than that of your colleagues.
    I would not be so smug if I were you. A pat on the head for signing on to the party line before you are aware of the details of this highly insulting and demeaning contract on teachers. Your two percent is not a measly thousand dollars for signing on. Taxes insure that. Furthermore, knowing how the employers does business it will be doled out in small increments per paycheck.
    Most likely most of the rank and file will not survive a decade to see money that they have already earned. The new evaluation/termination scheme will assure that.
    The timing for the supposed retro pay starts after thousands of teachers have been fired for whatever junk science is used to evaluate us.
    Imagine being a shoe salesman who is fired because the bodega on the corner didn't sell enough bread. That's the same type of demented reasoning used to rate teachers.
    Your health benefits will be rationed and the delivery will be life threatening.
    You need to grow up and learn how to analyze what little information has been given.
    You are the reason why teachers have been vilified and why unions are no more than dues harvesting operations.
    The total privatization of public education will be completed by people like you who have no ability to discern the chaff from the wheat.
    It is stupid and selfish posts like yours that enable total corporate fascism.
    You are a total embaressment to the profession. I pity your students having such a microcephalic role model.

    Cheers.
    Angry Nog

    ReplyDelete
    Replies
    1. Anonymous6:47 PM

      Man you just don't get it. There are not going to be any ATR's anymore. Are you reading this? THERE WILL BE NO MORE ATRS. All ATR's will be either placed and will teach or be placed and will be fired because they are not worthy. The second alternative is not possible for me since I can actually teach. FariƱa and DeBlasio will not have an ATR pool anymore. Try to sink it in and stop writing that "one day, you will be an ATR blah blahh". It will not exist a year from now. It's actually over. The remaining ATR's will be placed ifvtheyvdo not walk out and retire. The ones who are becoming ATR's in June because they couldn't figure out that their school was closing for the past 4 years, are simply not that intelligent.

      Delete
  19. Anonymous4:07 PM

    What if I turn down the severance as an ATR, then get fired anyway in December? And get no retro?

    ReplyDelete
  20. Anonymous6:00 PM

    Contract is going to pass by about 80 percent. Difficult to see lawsuit here as we would be supporting what our union did. We have ourselves to blame for this. No one else.

    ReplyDelete
  21. Bronx ATR7:52 PM

    To 6:47,
    You're wrong (again). If this contract is signed it ensures there will be an ATR pool for the next 9 years. There are numerous teachers joining that pool on June 30th. Most have no choice in the matter. (Too few years to retire and bills to pay.) Add to this that many principals will not afford a tenured teacher an interview (or a position). That small school you're in will have to start taking students over the counter after a couple of years. Your school will start to receive failing grades and eventually be slated to close, to reopen as a charter school. You of course, as a tenured well paid professional, need not apply. But, not to worry- we'll keep the ATR pool open for you and welcome you.

    ReplyDelete
  22. Anonymous8:16 PM

    Let's say you already retired in 2013 at $100,000. What will the payout be?

    ReplyDelete
  23. Anonymous8:26 PM

    My advice to everyone who wants to vote down this bogus contract is come Monday morning go into your school with a battle plan. Speak to every uninformed UFT member about how bogus this contract is. Retro delay is retro denied. While you are at it..... lay the seeds to vote Mike Mulgrew out of office in 2016. For now make Mike, Carmen and Bill and the 300 members earned their pay from your dues by bringing back a fair wage contract. Spread the word and be the educators we are suppose to be! Teachers all we have to do .... is do the math! This contract doesn't add up. Speak to everyone in your building! Vote NO

    ReplyDelete
  24. Anonymous8:31 PM

    My advice to everyone who wants to vote down this bogus contract is come Monday morning go into your school with a battle plan. Speak to every uninformed UFT member about how bogus this contract is. Retro delay is retro denied. While you are at it..... lay the seeds to vote Mike Mulgrew out of office in 2016. For now make Mike, Carmen and Bill and the 300 members earned their pay from your dues by bringing back a fair wage contract. Spread the word and be the educators we are suppose to be! Teachers all we have to do .... is do the math! This contract doesn't add up. Speak to everyone in your building! Vote NO

    ReplyDelete
  25. Anonymous8:42 PM

    Vote for the contract. Compare ours to everything that we've seen in NY over the last 12 years and then look around the country.
    It's not perfect, sure. But, will we get everything? Pas- what contract do you like in the last 30 years? Want to go back with a top salary of around $60...??? I don't think so.
    Vote yes.

    ReplyDelete
    Replies
    1. Anonymous7:36 AM

      To 842,
      Dogs are grateful for scraps, not human beings. We were treated like dogs by Bloomberg for 12 years, and now we should sign off on this contract because you've internalized that role? I don't think so.

      Delete
  26. Here's the link to the Vote No Facebook page:
    https://www.facebook.com/Flushtheuftdeal

    ReplyDelete
  27. Anonymous9:17 PM

    If Mulgrew got us a 1 dollar a year raise, most of us would ratify it. Teachers have to start thinking for themselves. This was one of the first lessons learned as an ATR - you're on your own. Don't look for anything from the union; and if it's presented by them, don't trust it.

    ReplyDelete
  28. Anonymous9:46 PM

    DOE will figure out ways to create ATR's on a regular basis if this contract is approved...net effect is a weaker union. Anyone can become an ATR..

    ReplyDelete
  29. Anonymous6:49 AM

    Good morning people! It is time to do our work and get the message out to all the members that this contract stinks. It is our number one job today to educate our fellow UFT members who might be incline to say yes for 1,000 dollars. We need to talk it up today at our schools. Let's set the record straight download the ICEUFT blog and bring in it with you! Good luck!

    ReplyDelete
  30. Anonymous11:41 AM

    Any ATR severance info?

    ReplyDelete
  31. Anonymous2:54 PM

    Whatever the uft does your against it. Great motto

    ReplyDelete
    Replies
    1. Anonymous9:48 AM

      The union hasn't done anything for me other than take my dues. This contract is pure bullshit, you'd have to be a mindless drone to vote yes. I'm out soon, but you newbies are going to be totally f--ked. There no way any of you will make it to retirement. The expedited dismissal process will eventually be used on you. Remember that if you're foolish enough to vote yes.

      Delete
  32. Anonymous4:38 PM



    Beth Fertig
    ‏@bethfertig
    How long must a principal try out an ATR teacher still on payroll without permanent job? One day is enough" says Farina @wny

    ReplyDelete
  33. Anonymous4:53 PM

    A letter from our fearless leader!!

    When the previous administration let it be known that it intended to summarily fire all members in the Absent Teacher Reserve, we as a union made a commitment to stand by our members. We held true to that commitment throughout our negotiations, and the results are in this new contract.

    The contract preserves your rights and improves your chances of permanent placement. And, of course, you will participate in the contractual raises and working-condition changes that we won for all members. The press coverage, however, has included some myths about how ATRs are treated under the new contract and misconceptions abound. We want to be sure you have the facts and know your rights.

    Myth #1 (the biggest one!):
    The city is going to fire the ATRs.
    Reality:
    No UFT member, whether an ATR or otherwise, will ever be automatically fired. Any ATR may accept, at his or her sole discretion, a voluntary severance package based on years of service.

    Myth #2:
    Schools still won't hire ATRs because they are too expensive.
    Reality:
    Under the new contract, schools that select ATRs for permanent placement will not have that ATR's salary included in the school's average teacher salary calculation, which means that principals no longer have a reason to pass over more senior educators in favor of newer hires with lower salaries.

    Myth #3:
    The contract includes a new way to get rid of ATRs.
    Reality:
    Not true. ATRs actually get improved access to job placements. Between Sept. 15 and Oct. 15, 2014, the DOE must send ATRs on interviews for vacancies in their districts and boroughs, and ATRs must attend all of those interviews. After Oct. 15, ATRs are required to accept provisional assignments to schools with a vacancy in their license area within their district or borough. If there is no school with a vacancy in their district or borough, they will continue to be rotated within their district.

    Myth #4:
    ATRs are going to lose their due process rights.
    Reality:
    No ATR can be disciplined or fired unless a hearing officer decides that is appropriate in a 3020-a hearing. An ATR who has been placed in a vacancy and is removed by two successive principals for documented misconduct — not pedagogy — may be subject to discipline. The DOE must prove the charge of misconduct through an expedited 3020-a process.

    The new contract agreement between the UFT and the DOE, which will go out for your ratification soon, is a strong contract for all our members, including all our ATRs.

    Sincerely,

    Michael Mulgrew
    Michael Mulgrew

    ReplyDelete
    Replies
    1. Anonymous10:37 PM

      ATRs don't want to rotate or get placed into schools with vacancies. What do they want. And if two principals cite an ATR for problematic behavior(not based on pedagogy) then the ATR gets a 3020a hearing where the burden of proof is on the admins. Also many ATRs go to schools and are not placed into the vacancies. If they aren't placed in vacancies then that policy doesn't apply.

      Delete
  34. Anonymous7:13 PM

    angry nog so good to hear from you again! tell it like it is!!

    ReplyDelete
  35. Anonymous8:30 PM

    You want me to vote down a contract where I will be making 118K in 4 years? Then wait for the other 150 contracts to be negotiated? Please pass me what you all are smoking. My entire school is voting YES.

    ReplyDelete
  36. Anonymous9:37 PM

    I was on a mission today to show the downloaded interpretations of the contract, including how the "raises" work, to teachers at my current assigned school. They thanked me for alleviating some of their confusion. I told them that a contract that makes us wait for money we already were entitled to amounts to giving NYC a big interest-free loan when that money could have been in OUR bank accounts collecting interest for US is a piece of garbage. And that even offering such a piece of garbage to its members, let alone touting it as a miracle from Mt. Sinai, shows the contempt the union has for its members. We represent a captive cash cow to finance their little jaunts to Florida, Hawaii, and the like to "explore their educational systems". I told them that any of them could become an ATR at any time, and then be subjected to the outrageous "2 principals and you're out" treatment as well as only being taken on AFTER all the decent teaching positions have already been filled. I concluded with a strong, "Vote NOOO!" at each presentation.

    ReplyDelete
  37. Anonymous7:04 AM

    I, personally, will not vote yes for a contract that discriminates against anyone. I will not vote to weaken my due process rights. Before becoming an ATR in September, I made 5-10,000 a year in per session. I currently make nothing. That hasn't been addressed. If you think this is a good contract, sit down and go over it like an administrator going over a lesson plan. It stinks on every level.

    ReplyDelete
  38. Anonymous9:01 AM

    I understand that the severance package for an ATR with 22 years is his full salary plus retro. For me that is 110000. If that is the case I vote yes and retire.

    ReplyDelete
  39. Anonymous11:42 AM

    UFT exec board overwhelmingly voted in favor if contract last night. Tomorrow, DA will match then it comes to members for ratification.

    ReplyDelete
  40. Anonymous2:39 PM

    Alot of teachers are against this contract for different reasons. The ATRs because of its blatant discrimination via diminished due process. Newbie's because the ATRs are going to get a severance package (jealously runs deep). Everyone with half a brain that realizes the pay increase is actually nothing; that we'll end up paying for part of our health care, that privatization is strengthened and rights weakened.

    ReplyDelete
  41. Anonymous2:00 PM

    Chaz.....you wrote that an incentive to retire would be that a person would receive the incredible gift of their own money if they retire by june 30 of 2015. For some reason I thought that deal was for this June. You did mean to write 2015 and not 2014?

    ReplyDelete