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.


Anonymous said...

Teachers have NO one to blame but themselves. Most of them couldn't be bothered to vote and most of those that voted couldn't be bothered to read the fine print. If this is the level of responsibility and scrutiny being exhibited by the teachers, you have to feel sorry for their students. A union is only strong if the members fully participate. The laziness and apathy I see allows corrupt numbskulls like the sellout Mikey Mildew to abuse us. I feel bad for those of us who DID take the trouble to carefully study the contract and the candidates in the recent election, and still got screwed by the lazy vapid majority who didn't bother. They are the ones drilling the hole in the bottom of the boat in a shark-filled sea.

Anonymous said...

It all sounds terrible, but how many ATRs were actually terminated using this process?

Anonymous said...

Michael Mulgrew and FariƱa are on a witch hunt together, while they keep hiring inexperienced and uncertified substitues.

Anonymous said...

Put It In The Books!! Another year, my best yet, as an ATR. Months of no classes, vacations, no grading, no parent contact,taking days off whenever I please, turn a 3 day weekend into a 4 day, RO's, no Lesson planning,and another "S" Rating from someone I never heard of! I couldnt have punched my own ticket any better- 2-3 more years to go, heck If I keep having years like this, I may NEVER retire!!

Michael Fiorillo said...

Combine your points with the fact that over one thousand votes by "New York's Brightest" (yeah, that's a hot one) in the UFT election were disqualified because teachers wrote in Donnie Trump's name, and it becomes evident that teachers are screwed, with no idea why, or by/for whom it's happening.

No wonder the so-called reformers, and their enablers like Weingarten and Mulgrew, show such open contempt for them.

Bronx ATR said...
This comment has been removed by the author.
Anonymous said...

Hey 9:56,
Every ATR reading this knows you're full of shit. ATRs are targeted after 2 Friday's or 2 Mondays. There's a severe teacher shortage so most ATRs get 5 coverages a day, especially in middle and high schools. I don't know about elementary. Add to that the incredibly unsafe environment and most ATRs that I know who can retire, will. It's assholes like you that give them a bad rep. Go back to Internet porn for your jollies.

Anonymous said...

I don't know if 9:56 is totally accurate but what I def do know is that yesterday an ATR at my school said goodbye to me as we were really friendly throughout the months. He turned to me and said principal __________ was not hiring him and he was being put back in the pool. I said oh man, sorry to hear. He looked at me like I was nuts as he was so happy he was not being hired. Seriously, I don't think 9:56 is that off. This guy was incredibly happy to go back into the reserve pool. He said 108K for doing nothing. People are begging to not be hired.

Bronx ATR said...

The city wants us to retire or quit. If your ATR acquaintance's viewpoint is accurate for most then the city would simply force place us. Not wanting to be hired is much different than bragging about taking days off and not having anything to do. You're comments concerning an ATR that doesn't want a position does not substantiate 9:56. Many regularly appointed teachers hate their jobs, but I wouldn't say they are indicative of all appointed teachers. At least I hope not.

Chaz said...

No doubt that the DOE is harassing ATRs with field supervisors, second class status, and abusing the ATR agreement by assigning us under temporary provisional appointments in the hope of getting us terminated under the ill-defined problematic behavior clause.

What's worse, is that the UFT is allowing this and even AMY Arundell has become silent when confronted with this. She calls it an "urban myth". What happened to her and Michael Sill engaging us in what we think? They have become no better than the unaccountable Leo Casey and Michael Mandel when they were heading the joint committee.

Anonymous said...

What the heck are ATRs paying dues for? Second class status, complete distain and to be openly lied to. Still no one at the UFT will tell us if the ATR agreement has been extended. If it has, it is proof positive of descrimination because it would have disappeared, unless the UFT took deliberate action to continue it. The UFT should have no reason to do so as it would be taking legal action allowing for the expedited termination of its own members.

Anonymous said...

Amy who? ��