Monday, June 27, 2016
The DOE Abuses The ATR Agreement And Our Union Allows It.
If you have been following the ICEUFT blog, James Eterno effectively dissected the section of the 2014 contract that pertains to the ATRs which reduces their "due process rights" and the section in the contract is included below:
This Rule 11(A) with respect to the absent teacher reserve (referred to above as the “ATR Program”) shall run through the end of the 2015-16 school year. At the end of that term, the parties must agree to extend the ATR Program and absent agreement, the parties shall return to the terms and conditions for ATR assignment as set forth in Rule 11(B).
What is Rule 11(A)? This is the rule that allows the DOE to start an expedited 3020-a on ATRs who are in a long-term vacancy or leave replacement position, among other issues that reduce ATR rights. The expedited 3020-a is a one day hearing and a 15 day decision that was not supposed to affect ATRs in rotation. However, many ATRs are getting temporary provisional positions only to find themselves covering different classes. The result is that any ATR assigned to a temporary provisional position is subject to Rule 11(A) and any ATR that exhibits the ill-defined "problematic behavior" by two Principals in any two consecutive years will end up in an expedited 3020-a hearing. The definition is below.
If, within a school year or consecutively across school years, an ATR has been removed from a temporary provisional assignment to a vacancy in his/her license area by two (2) different principals because of asserted problematic behavior, a neutral arbitrator shall hear the expedited 3020-a .
You can read the passage on page 134 of the contract now found online.
Already the DOE is trying to terminate rotating ATRs by using the above statement under Role 11(A). If you don't believe me then read this below as it was sent to a rotating ATR by the teacher's NYSUT attorney.
This proceeding is being scheduled pursuant to Article 17(B), Rule 11(A)(3) ("Rule l l(A)(3)") of the collective bargaining agreement between the United Federation of Teachers (UFT) and the Department regarding Education Law § 3020-a procedures for the Absent Teacher Reserve ("ATR") program.
Under Rule ll(A)(3), your § 3020-a proceeding will be extremely expedited, and the Department must prove to the Arbitrator that you have demonstrated a pattern of problematic behavior." Therefore, your hearing is likely to begin as soon as the next several weeks, and time is of the essence. For your convenience, I have enclosed a copy of Rule 11 and Article 21 of the collective bargaining agreement effective from 2009 to 2018. I specifically refer you to Rule 11 (A)(3) and Article 21G.
Article 11(A) is supposed to sunset this year but my sources tell me that the UFT is considering extending it to the end of the contract and that means the union has agreed to give the DOE the right to continue to abuse the ATRs. I guess the DOE and UFT love affair is only between Carmen Farina and Mikey Mulgrew not the members, especially the ATRs who they fail to even bother to consult with.