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Arbitrary and Capricious; Or, Some More Contract Demands

I’m marginally astonished at the city’s contract demands, the ones that Mayor Bloomberg says are not demands. As I review the demands that are not demands, the one that really jumps out at me is the lowering of standards for dismissing teachers. Apparently, the city now has to show “just cause” but wishes to lower the standard to “arbitrary and capricious.”

One of the social studies teachers in my school, trained as a lawyer, could not believe I’d gotten the term right. But there it is, in GothamSchools, the most reliable source for education news and opinion in the known universe. So basically, they can fire you for stealing pencils, and you’d have to prove to them that you didn’t do it. After all, it’s “Children First” in New York City. So if you’re an adult, falsely accused, too bad. No salary or health benefits for you. And when the children who “came first” grow up, the hell with them too. They get the same 19th-century-style jobs we just took away from their parents.

The DOE, of course, is now two years into its quest to fire more teachers. So far, they’ve only been able to build successful cases against three. It’s remarkable that, led by a noted attorney, that’s as far as they got. I’m sure they could’ve done better if they weren’t expending so much energy on personal vendettas and utter nonsense. Still, you’d think someone who so reveres accountability and spurns excuses, like Chancellor Klein, would have a better explanation than the one he’s got — that the rules and regulations are neither arbitrary nor capricious enough. But those are the sort of results you can expect when you send people to the rubber room for bringing plants to school or reporting administrative malfeasance. I personally worked with someone who spent time there largely for the offense of not wearing a tie.

As a chapter leader, I’m particularly fascinated by the clause demanding that chapter leaders do all their work outside school hours. I’m wondering exactly how that would work. If the principal calls me into a meeting that takes place during class time, would I have to teach my class after school? Would I perhaps be expected to tutor the kids in my home one at a time? If I get called into an arbitration over class size violations, would I get to ask the arbitrator if he could hold it off until after dinner? Or would we simply ignore class size violations, so Tweed could get back to its policy of doing whatever it felt like doing, with no consequences whatsoever?

With 300 UFT members in my building, when would I consult with them? Who on earth could handle such a thing? I suppose the goal is to leave union members without union representation. That’s a worthy and admirable goal in this administration’s continuing effort to roll back the 20th century. If they get what they want here they’ll have come pretty close.

I’m struck by their proposal to create modified contracts in phasing out schools. It seems they think they ought to be able to do whatever they wish in those schools. The fact that they close them arbitrarily and capriciously based on false statistics is of no consequence. Doubtless they’d like to make up contracts on the fly in all schools. In fact, by offering compensation increases based on whether teachers are “apprentice, practicing, mentor, or master,” they’re pretty much saying they ought to pay whatever they feel like as well.

Frankly, if they really want to be arbitrary and capricious, I see no reason why the UFT shouldn’t negotiate in kind. To hell with the 4 percent increase. Let’s demand a four hundred percent increase.  We’ll also demand that Joel Klein come to each school personally, every week, and pay everyone in quarters.

Let’s make sure there are fresh baked goods in every workroom and every classroom. Why shouldn’t kids reap the benefits of our new and improved negotiation techniques? Every school needs a state-of-the-art gym and spa for UFT members and public school kids, with personal trainers, sports drinks, and complimentary Starbucks drinks of every stripe. An Iron Chef in every school cafeteria. And for goodness sake, let’s demand a golf course to work off those calories.

Let’s make assistant principals subordinate to teachers, as it’s well-known we do all the work anyway. Let’s demand a huge barrel of cash in every department office, so that we can take handfuls of it and distribute it to our best students. Or best buds. Or Best Buy.

Finally, let’s make sure the mayor and chancellor are truly accountable.  The next time a kid, any kid, is left behind, let’s phase out Tweed.

  • Schoolgal

    I like the spa idea. I bet if they put that in the contract, teachers won’t mind any of the givebacks. Golly I miss the friendly comments on Edwize from those who supported the givebacks for the extra cash. Until of course “arbitrary and capricious” comes along to bite their behinds. So many teachers are walking on eggshells as is and are willing to violate current contractual rules because there is no longer a backbone at UFT headquarters. And, with the way budgets are formulated, principals would gladly get rid of an excellent senior teacher if it can save a few bucks–nothing personal, it’s just business.

  • Michael Fiorillo

    Sorry, Arthur, no sports drinks: only Snapple.

  • http://southbronxschool.blogspot.com Teacher In The Bronx

    One thing that gets me is the continuing of teachers. Are principals and administrators set to the same standards?

    Look at the case of Mychael Willon, former Bronx LIS and former Director of the Principal Candidate Pool. My blog exposed his malfeasance, and his shady dealings.

    1. He got a bogus PhD from a diploma mill
    2. He was arrested in 1989 in Wichita KS for lewd and lascivious behavior and sexual battery.
    3. In pleaded no contest, which is the same as entering a guilty plea, to lewd and lascivious behavior in 1990 and received probation.
    4. Two other school districts Willon applied to for superintendent’s positions were able to find out about his past and had him disqualified from the candidate pool.
    5. This was all brought up on my blog this past summer.
    6. Somehow, someway, Willon was able to leave the DOE “gracefully” last month.
    7. He now works for Alternatives Unlimited, a DOE vendor/provider.
    8. There are DOE regs about going directly to work for a vendor/provider.

    Copy and paste:

    southbronxschool.blogspot.com/search/label/DR Mychael Willon

    So when will principals, administrators be held to the same standard as teachers?

  • GC

    Great article. Forget the sports drinks, we don’t even have an open Teacher’s Cafe anymore in my large high school. Is there a rationale for us not asking for the Moon, Stars, and a Starbucks in every school? Some sort of legal argument or strategem?

  • http://gothamschools.org/author/arthur-goldstein/ Arthur Goldstein

    You know, I’ve often wondered about that.

  • http://thejosevilson.com/blog Jose Vilson

    And to think, I was just about to laud all these accountability heads for their straight talk and honest negotiations with teachers. Then, they fired 100 teachers and gave principals accountability reports about their teachers that they’ll receive next week. And to make matters worse, they had the nerve to not hold themselves accountable for the sorts of stuff they pull off to not just teachers but principals and APs too.

    Worst of all, they try to tell us that when we think about the kids, we’re using cliches when their primary big bills have the word children in them. So much for that.

    What is someone in education supposed to do besides raise their voices … of course?

  • Charles Turner

    That’s all you guys do is wine. The 2005 givebacks were good. We got a lot of money and only a few people were harassed. Besides you don’t think teachers can really run a school, do you?

  • http://gothamschools.org/author/arthur-goldstein/ Arthur Goldstein

    I too hate it when people “wine.” Why don’t they wine and dine instead?

  • I noticed that…

    Instead of the lousy 4% raise, the “demand a huge barrel of cash in every department office” would appeal to every teacher.

    However, don’t let the department A.P. watch over the barrel of cash. It is known fact that A.P.s tend to misuse any fundings that are directed to them by the principal. They are terrible in keeping track of things. Next thing you know the A.P. will arbitarily and capriciously blame the teachers for the missing money.

    You know what, forget the barrel of cash. I’ll take the 4% raise. ;-}

  • http://edintheapple peter

    Current contract language, that goes back decades, governs arbitrations:

    the arbitrator may decide in a particular case whether the provision was disregarded or applied in a discriminatory or arbitrary or capricious manner so as to constitute an abuse of discretion, namely whether the challenged judgment was based upon facts which justifiably could lead to the conclusion as opposed to merely capricious or whimsical preferences or the absence of supporting factual reasons.

    In discipline cases the burden is on management, preponderance of evidence is the standard, an example would be a para termination.

    In 3020a hearings the standard is just cause, a higher standard.

    With 40 years of case law DOE and UFT attorneys can accurately predict outcomes simply by perusing the case file.

    3020a procedures are set in state law, not a mandatory area of bargaining.

    Bargaining demands, or proposals are positions more for public consumption.

    All negotiations involve trade offs, neither gives up or gets anything based on good looks!! Was the $$ increase and no layoff agreement in 2005 worth the ATR pool??
    Up to the members who can vote contrscts up or down …

  • http://gothamschools.org/author/arthur-goldstein/ Arthur Goldstein

    Peter,

    I’m gonna go out on a limb and conjecture there isn’t a whole lot of irony in your neck of the woods.

    I noticed that,

    Thank you for your very sound advice. I must admit that had not occurred to me.

  • Linda Silverman

    I would like a beer keg and a couple of those wine boxes in the cafe and in any teacher center around. I’m not greedy so I won’t ask for the imported stuff.

    The fresh pastries sound great. The hotel I stayed in in Jamaica has a pastry chef on premises and a little French bake shop where you can get fresh crepes and assorted goodies all day. That would be a nice touch. Also, I’m not crazy about the barrel of cash idea, it takes up too much room. How about providing every teacher with an ATM card and pin number and putting ATMs in every classroom. We do live in the 21st century now. Also, how about adding a chauffer service so no one will have any problems getting to work in bad weather or when their car is in the shop.

  • http://gothamschools.org/author/arthur-goldstein/ Arthur Goldstein

    Linda,

    I have a few qualms with your proposals. First of all, the ATM, in my view, would take up as much space as the barrel. In fact, when you consider its height, it may take more. Also the whole records thing is troubling. Why do you think Tweed does all those no-bid contracts? Without records of what actually occurs, or who takes what money for what reason, it’s no muss no fuss.

    I like the beer keg idea, but I’m also toying with adjusting the plumbing so as to achieve hot, cold, and vodka. As for the chauffeur service, it sounds attractive, but why not simply activate a fleet of helicopters, so as to preclude traveling through the snow?

  • Michael Fiorillo

    Arthur, Linda Silverman, et.al.,

    I love your proposals.

    Unfortunately, what they intend to give us is dismissal when we become too expensive, a cardboard box to live in, and catfood to subsist on.

    Yes, it’s “Children First.” Until they become adults, that is, at which point they just become proles employed at-will, without due process or benefits, and with the same freedom to sleep under a bridge as the plutocrats who are taking over the school system.

  • Linda Silverman

    I think you are wrong about the space the ATMs will take up. They can be drilled right into the walls. As for the records, Bloomberg can hire another no bid contractor to take care of them. I do like the idea of vodka, but not hot and cold. I’d like vodka out of one faucet and orange juice out of the other.

  • I noticed that…

    Arthur, and Linda

    Hold up. The ATM idea is not a bad idea and yes, Arthur, it does take up space. However, there are ATMs that are installed in walls; hence, no space problem.

    As for the barrel of cash idea, I already agreed to give up that idea for fear that administration will falsely accuse teachers of misplacing the barrel or allowing students to watch it or to dispense cash to students who haven’t accumulated enough credits throught the bogus credit recovery programs, etc.

    Here’s something all teachers would love. I would like a Starbuck in the teachers’ cafeteria and valet service to have the untenured A.Ps park my car especially since I have to be in school on time and at my post at the designated time and during inclement weather.

    As for the keg of beer, it must be light beer. I’m watching my figure.

  • I noticed that…

    Linda,

    I didn’t realize you had the same idea. I had just finished typing the idea of the ATM. Oh well. At least we both agreed on it.

  • http://gothamschools.org/author/arthur-goldstein/ Arthur Goldstein

    Well, maybe I’m just old fashioned, but the idea of a barrel kind of appeals to me. It would give kind of a country store ambiance to what are generally barren and cold looking offices. Couldn’t we simply ban administrators from the offices so as to preclude potential dishonesty?

    I do admit the notion of building ATMs into walls has some appeal as far as space considerations go. But honestly, don’t you think that would contribute to the sterile and uninviting atmosphere of school offices?

    Love the valet service idea. We’ll definitely have to add that to our list of demands.

  • John Hancock

    I like the barrel idea myself. What if people forgot there PIN number? They would have to call the DOE Help Desk and wait like 3o minutes for an answer. What about the surcharges?

  • Linda Silverman

    You are right about the problem with the PIN number, I didn’t think about that. I’m still not sold on the barrel. I’m short. What if the only money left is money on the bottom? How will I reach it?

    Maybe we can just install money dispensing machines that work with the regular room keys that are given to all teachers. All we would have to do is insert the key, turn a knob and the money would drop ot.

    BTW, I am fine with light beer. Amstel Light is a winner, not as good as Sam Adams, but it will do. I’m willing to compromise.

  • John Hancock

    You have a room key? Wow, I will give you some of my height for a key.

  • Linda Silverman

    I’ll take it!

  • http://gothamschools.org/author/arthur-goldstein/ Arthur Goldstein

    You know, I love the spirit of compromise here. See? Things can be worked out as long as we’re all reasonable. We don’t need to scrape the bottom of the barrel. Speaking of which, how about this? We could place a false bottom on the barrel around the center, and that way those of diminutive stature would not need to dive headfirst in order to retrieve the cash.

  • I noticed that…

    Arthur, Thank you, thank you for the false bottom of the barrel. I’m one of those teachers with a diminutive statue, or what I call the vertically challenged person. My fear is diving into the barrel head first, getting injured on the job, filing all those forms, missing days because of the trama to my head, being out 20 consecutive days, administration terminating me because of those 20 consecutive days, going to grievance process to have the paperwork process because the ISC people don’t know what they’re doing, and yada, yada, yada.

    The false bottom of the barrel is perfect.

  • http://ricochet07.blogspot.com ricochet

    You get a 4% pay RAISE? We’re getting a 3.16% pay CUT and they are talking more next year.

  • http://gothamschools.org/author/arthur-goldstein/ Arthur Goldstein

    Ricochet,

    In fact, no one has offered a 4% raise. In NYC, there is a pattern for city employees. Usually it hovers around zero. This year it’s 4%, relatively attractive, and consequently the city, for the first time in my memory, wishes to withhold it.

    I noticed that,

    I’m pleased you like my idea. However, if I were your CL, I’d certainly report your absence and fill out the LODI form for you. Your CL would probably do the same, so don’t fret.

  • Linda Silverman

    The false bottom goes with the false promises of improved conditions for teachers and students, and the false statistics about graduation rates. I think you might have hit on a concept Bloomberg will go for. Goldstein, you are a genius.

  • Schoolgal

    I would have given up the vodka for limo service to and from school each day (Sorry Linda, I would rather have the snow day given all the other holidays we lost from previous contracts). Extra sleep time and not rushing in the mornings would be so appreciated. And of course fresh coffee and breakfast should be waiting.

    I don’t trust cash in the barrel since there are always a few “principal favs” in every school that get those “extra” preps and best kids. They would either get their own barrel or their prep schedule would be timed to start when they fill those barrels. I like the ATM idea, but would want a reputable bank to supply it rather than the DoE cause we all know that won’t work.

    Every teacher that retires should get a $1000 bonus check instead of a kick out the door.

    Instead of merit pay, only Level 3 and 4 students in every classroom with no discipline problems. We can send all the others including ELL, Special Ed, etc. to the Charters so they can work their magic.

  • http://gothamschools.org/author/arthur-goldstein/ Arthur Goldstein

    I don’t see why you have to compromise, Schoolgal. Let’s demand it all. I don’t like the idea of sending the ELLs to charters because I teach them, and I wouldn’t want to go to a charter to do so. The whole being fired for telling my colleagues what UFT teachers earn, or for trying to enforce an IEP does not hold much appeal for me.

    How about if we change the idiotic standard on which we assess ELLs, and acknowledge that not knowing English may indeed cause a person to take longer to graduate? How about setting reasonable standards for special ed. and alternate assessment kids as well, rather than vilifying those of us who want to help them?

    I’d support a contract like that, and since charters are magic, my very reasonable proposals need not apply to them.

  • Schoolgal

    Sorry but I still stand by my proposal to send the discipline problems. Special Ed and level 1 and 2′s to the Charters or the mayor’s small schools. If we give the ELL’s more time to acquire the language, then they can stay. Otherwise, enjoy working at your new charter!! In fact, I see romantic sparks flying between you and Eva just like Cybil and Bruce on Moonlighting or that other couple on Remington Steel.

  • Linda Silverman

    I’m not trading vodka for limo service. I want them both. And, I want champagne to sip while I am beign chauffered around. I also want my snow days. I want it all!

    I don’t mind the difficult kids but I would like resources to deal with them–no more than 6 in a class, a para and the back up of the administration when they step out of line. I don’t want to be held accountable for their success or failure if I am doing my job correctly. I’ll stick with Arthur about the ELL kids–most of them are great and they belong where they are. I want more than $100 bonus. I want $10,000 for every year of service. I want it all!

  • http://gothamschools.org/author/arthur-goldstein/ Arthur Goldstein

    I’m glad to hear someone stick up for my ESL kids. I’d hate to think of them in the thrall of some fawning pompous name-calling money-grubbing school-closing self-serving overpaid overconnected Blackberry-addicted charter demagogue who ultimately wished to leave them in a world full of at-will employment.

  • I noticed that…

    Arthur,

    Thank you for the advice. BTW, the ELLs are amazing, wonderful students. I love to teach to them; I enjoy listening to their experience; It’s a pleasure sharingmy experience with them. Most importantly I am so proud seeing them grow as citizens of the U.S. I teach the Pursuit of Happiness and Freedom!

  • http://gothamschools.org/author/arthur-goldstein/ Arthur Goldstein

    I couldn’t agree more!

  • Schoolgal

    Don’t have anything against ELL kids–just the fact that they have to get tested before they are ready and that the mayor discriminates them from his “small schools”. The same way I don’t have a problem with my resource kids–except for the fact when they do score a level 3, that grade is usually inflated. I know which kids are ready for de-certificatrion and which are not.
    I also know which kids should be placed in a special ed class because SETTS is not the right program for them. But parents get the last word on that.

    If we are going to be judged by how the charters and small high schools are doing, let them have service the kids they do not service now.

    But you know there will always be givebacks in any contract, so I will forgo the vodka since I have enough at home to bring to school and keep the limo. The school can supply the celery sticks , tomato juice and tabasco sauce. One more thing–when we get a snotty, over-the-top, disgruntled parent who keeps telling me Little Johnny does all his homework, and I keep answering, “I believe you, but he must bring it to school otherwise I have no choice but to give him a zero,” they get to sent Little Johnny to a charter school too.

  • Schoolgal

    Oops: That should read “de-certification” and “Tabasco” sauce.

  • EFM

    I’ve always wondered why ELL’s are not allowed an extra year, or six months at the very least, to be focused exclusively on learning English, before they are placed in other courses.

  • chaz

    If only the DOE can get rid of the “just cause” standard that requires real evidence to terminate the teacher.

  • http://gothamschools.org/author/arthur-goldstein/ Arthur Goldstein

    Schoolgal,

    Your spirit of compromise is admirable. Regrettably, I doubt Tweed shares it.

    EFM,

    I’ve often wondered that as well. One of my pet peeves is that they’re made to take the English Regents, a test which, for them, is utterly inappropriate. A great deal of their time is wasted in training them to pass, which could be spent more productively giving them the instruction they really need.

    Chaz,

    That is clearly their goal. I’m often struck that working people ask, “Why do teachers have tenure and health benefits?” The better question is, “Why don’t I have tenure and health benefits?”

  • Karen Sherwood

    Tsk, tsk, tsk. All of you under-worked, overpaid teachers with your pie-in-sky (or pie-in-the teachers’ room) ideas for ATM’s, vodka, and limousine service; it’s time to get serious, so here is an idea that will be relatively inexpensive (and maybe even make money) and provide hours of entertainment: a new reality show called “Move Over, Tweed”. In order to enhance and solidify the ties between the DOE and all the new charter school organizations, let’s have them actually share space–Tweed’s space. Each week a new organization will move into Tweed, and the entire nation will get to watch Klein’s team deal first-hand, with issues such as overcrowding, security, and the shortage of necessities such as telephones, paper, and computers. It will be educational to see how they deal with inconveniences such as the loss of conference rooms (“underutilized space”) or the new split-schedules (DOE 5:00 am to 1:pm) , and it will be downright inspiring to watch them share chairs, desks, and student recruitment lists with the new occupants. Of course, the newest organizations will get first preference of space and materials, but some members of the older teams will have the opportunity to jump ship (switch teams) and maybe even bring their chairs and desks with them. I’m still working out the details, but it will be a combination of Survivor, Big Brother, The Apprentice , and Musical Chairs. Eventually, we’ll bring in outside experts (perhaps hockey referees now that the Olympics are over) who will pick the winning organization–winner take all! Think of the marketing possibilities, and the best part is that all profits from the show and the future DVD sales will go to…to…to…Hmmm. I’d say that it would go toward providing vital services for all NYC students, but with the grand poobahs so busy jockeying for space and power, that might mean placing student learning in the hands of their teachers. What a concept! In short, “Move Over, Tweed” could turn out to be professional development at its finest , and I would happily give at least 1% of the proposed raise in order to see it come to pass.

  • http://gothamschools.org/author/arthur-goldstein/ Arthur Goldstein

    Me too! You are undoubtedly a creative genius.

  • Pingback: Short Notes: We Facin’ The Storm, Homie, We Ridin’ It Out — The Jose Vilson

  • Linda Silverman

    I like the idea of a reality show. Maybe Klein and Bloomberg could change places with with a real life teacher for a week. I’m sure there are many of us who would be willing to see the job they could do. Perhaps we could even learn something from them.
    I am sorry Jose that our writing is not up to your standards.

  • http://thejosevilson.com Jose Vilson

    My standards are simple: funny and clear. Honestly, Linda, it’s hilarious. I’ve been reading these comments all weekend and they’ve kept me entertained for that long. That’s why I said “a comedy on errors.” From what I’ve read, the whole thing started off from the errors made by the guy who misspelled “whine.”

    Laughter ensues.

  • Schoolgal

    Marvelous comments from both Karen and Linda!!
    I love the reality show idea and also the switching places. CBS has a show where the CEO actually has to go to work in his or her organization. I would love to set up Klein’s register and prep schedule. He will NOT be allowed to outsource his lesson planning. And if the kids act up, we will get the same backup we do which is basically saying he’s on his own. But most of all I want to see him in the halls “bathrooming” his kids–now there’s a verb for ya. And there’s a least 2 cases of vomiting a year right in the classroom and the custodian telling you he can’t get to it at the moment. So you teach in the hallway for 2 hours. I want to see Klein put up with, “he took my pencil!!!” or “he touched me” or “stop looking at me!!” It will put Jersey Shore at the bottom of the ratings!!!!!

  • yomister

    SETSS, not SETTS

    Special Education Teacher Support Services

    That said, I’d say about a quarter of the IEPs I review often have the former abbreviation used consistently throughout.

    I know, so minor a worry.

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