GothamSchools — daily independent reporting on NYC public schools

it's that time of year again

UFT bargaining in “bad faith” over teacher evals, city charges

The United Federation of Teachers has not been bargaining over teacher evaluations in good faith, the city Department of Education charged in a labor complaint today.

The complaint comes a week after UFT President Michael Mulgrew announced he would halt negotiations until the department presented an implementation plan that satisfied the union. It also comes nearly a year to the day after the city called off a different round of teacher evaluation talks.

Filed with the Public Employees Review Board, the complaint accuses union officials of refusing to reach an evaluations deal unless the department promised to limit school closures, reduce paperwork for teachers, and award “economic credit” toward a future contract.

Under state law, those issues do not have to be discussed in order to devise a new evaluation system, which the city and union are under pressure to agree upon by Jan. 17. That’s the deadline that Gov. Andrew Cuomo set early a year ago for districts to adopt new evaluations or forgo increases in state school aid.

City and union officials had been locked in talks until last week, when Mulgrew announced that any further talks would have to focus on how the city planned to roll out the new system once it is settled. The city’s complaint says that demand, too, shows that the union has not really intended to try to reach a deal.

“We remain prepared to negotiate all outstanding issues required to get to an agreement on teacher evaluation but unfortunately, Mr. Mulgrew’s failure to bargain in good faith and insistence on including issues unrelated to teacher evaluation is unacceptable and illegal,” Chancellor Dennis Walcott said in a statement. “The city will not let him hold these negotiations hostage.”

Mulgrew said the complaint’s characterization of the union as recalcitrant was inaccurate and risible.

“I’m kind of laughing at it, to tell you the truth,” he said in an interview. “‘We will be happy to meet with you [to discuss implementation]. We await your communication.’ That’s the last communication we’ve had with them on this. … I’m sitting in my office, and the DOE has not called.”

The city is asking PERB — which last year ruled that the city’s plan to “turn around” 24 struggling schools violated its contract with the union — to force the union back to the bargaining table.

It is unlikely that any intervention by the board could come in time for the city to meet Cuomo’s deadline. That means the city’s complaint is “just a publicity stunt” designed to make the union look bad when the city loses about $250 million in state funds, Mulgrew said.

But if the department agreed to discuss implementation on its own, Mulgrew said, Cuomo’s deadline might still be met. He said, “My team is ready, willing, and able to go.”

The Department of Education’s PERB complaint is below:

  • I noticed that…

    In November 2008 the mayor and Quinn that they would not overturn term limits and they were saying this in “good faith” publicly.  In October 2009 the teachers contract expired.  Union went to the bargaining table, but the city did not want to bargain in “good faith”.  In 2010 Union and the DoE agreed made an agreement to look at teachers’ data and examine student growth where the DoE agreed in “good faith” not to release the data.  In 2010 skirted the law by not providing the public hearing for those schools who the DoE deemed failing schools and they stated that they were in “good faith” at least providing the public a hearing at the PEP.  In 2011 UFT won a lawsuit to keep those schools opened because the DoE did not follow the SED education law.  In 2012 the mayor and the DoE started the procedures in “good faith” to close 24 turnaround schools and rehire 50% of the staff from those schools and start up the new schools inside the turnaround schools.  From Chaz’s blogsite regarding the mayor and the chancellor: “their risky and ill-conceived “turnaround policy” that was thrown out by
    the Arbitrator. The “turnaround policy” was a result of the Mayor having
    a temper tantrum when he failed to get his way on the appeal process and
    stopped negotiating with the teachers’ union. In fact the Chancellor unwisely
    ordered the DOE negotiators to cease negotiating with the teacher union on the
    teacher evaluation system that resulted in the impasse we have presently..”

    There are many more events of the mayor’s and chancellor’s LACK of “good faith” since 2007.  The only faith I have in the mayor and his entourage of misfits of mismanagment is that he will attempt to mislead the public, to disregard state ed laws again, and to destroy public education at the cost of all the minority children. 

    It is time for the union to counter with several lawsuits: age discrimination (all ATRs with 20+ years in service), race discrimination (closing schools with high population of minority children), CFE (not reducing class size), Children First Funds (not funding schools appropriately), impasse (not bargaining in good faith AT ALL) and for mismanaging the entire school system.

    I truly hope that the coming year, 2013, is the year that the UFT finally files all the lawsuits that put an end to abuse, put any future mayor in check, and bring back true labor relations, where bargaining in “good faith” does happen.

  • ???

     Is this even in English?

  • I noticed that…

    Dear ???,

    I’m so sorry that the message that I was trying to convey to the public might have gotten lost in translation.  But, grammar aside, my intent was to list all the non-”good faith” incidents that the mayor and the DoE have engaged in since 2007.  Now the mayor4life and his misfits decided to go to the OLR and file a complaint knowing fully well that they have not, and will not negotiate in “good faith” with the UFT even if you pronounce those two words slowly so they can understand them.

    Since I received 3 likes and you have none, I will assume that the readers understood my message.  If you were looking for noun, verb, predicate, and no hanging modifiers, then you need to move on to another website.

    So I hope I was clear this time.

    Sincerely,
    Ain’t bad no mo’

  • Maggie

     I understood your comment and I agree with you 100%.  The mayor is quick to cry when things don’t go his way but sees nothing wrong with being dishonest in his dealings, as long as it goes his way.  He is a spoiled brat, plain and simple.  And as far as ???, he probably works for the mayor and thinks he is being cute and funny. 

  • BloombergMustGo

    “Good faith” in Bloombergian means Bloomberg gets exactly what he wants.  I applaud the UFT for finally not surrendering their rights in a negotiation and standing up for a true negotiation where BOTH SIDES COMPROMISE.  Shame on Cuomo for resorting to blackmail tactics for purely political reasons.  There is overwhelming evidence that, in areas where these new evaluation systems have been implemented, there are many problems.  The prudent course would be to roll back all new evaluations, use the existing DATA on implementation to make adjustments and then create a fair and unbiased system that is implemented properly with a practical plan for training and adjustments.
    However, that would indicate maturity and intelligence on the part of the NYC DOE and the NYS DOE, two characteristics they seem to be lacking.
    2012 – The year of Petulant Politicians

  • Nycdoenuts

    They only two things from this that I take as serious are:

    1. The union may have been (and may still be) willing to accept an immediate partial raise in exchange for reaching an agreement (if the city is to be believed in this complaint). That partial raise would take the form of some type on “cash payment” to teachers at the time the union agreed to the system, which we’d all pay for with a smaller raise at the time a contract is (FINALLY) reached. This would be so complicated that many of the members of the union probably wouldn’t understand much about it (myself included).
    So members wouldn’t get a vote, wouldn’t get a contract, but would, possibly, get a thousand or two dollars to help them feel better about the new system. I’m not picking on my union for that. I’m just saying, it’s nice to know exactly how an agreement might look in terms of what the members would receive in exchange for the higher workload and less job security that comes with the new evaluation system.

    2. I guess this was the DOEs plan B for not reaching a deal by doomsday (12/21)? Court? Seriously? While it seems like a really thin plan B, I’ve seen the department take thinner stuff a longer way. Looks to me like we’re missing that 1/17 deadline.

  • John

    All of these issues *are* connected for the simple reason that if the evaluation plan the city wants to push is implemented as-is then there will be many more teachers who “fail” within that new, unbalanced, criteria. Moreso, even fewer will be granted tenure, will eventually be “discontinued” (fired) and their schools in turn will face lowered grades which will lead to greater numbers being closed as a result. The
    politicians and city leaders expect us to work with a “gun” to our head and yet offer no
    protections against the untrained enforcers that are holding it. This is ludicrous at best.

  • Michael Fiorillo

    Regarding the Department of Education’s charge that the UT is acting in bad faith, I’d ;like to offer the following from Wikipedia:

    Projection: “…a psychological defense mechanism where a person subconsciously denies his or her own attributes, thoughts and emotions, and ascribes them to the outside world, usuallly to other people.”

  • Nycdoenuts

    Interesting: On Gambling’s show on Friday, the mayor said that when groups don’t want to get things done in NYC, they go to court -to try to slow the process down.
    I guess the city government is one of those groups.

  • A. Steinfeld

    The relationship that exists between the D.O.E. and the U.F.T. can not be blamed on any one party in my opinion, although city officials have done nothing to create calming circumstances. The publication of Teacher Data Reports which were flawed data and really an attempt to embarass some rather than promote better instruction and student outcomes created a situation where Union leadership was pressured to “push back”. It is my belief that the Union leadership is being pushed to allow no compromise, until new leadership is at Tweed. I venture to say most teachers are happy with the status quo for now, and waiting for new leadership in the cities educational policy.That is the whisper I hear frequently.
    A. Steinfeld

  • Stop discrimination

    ExpandLeadership Principals like Ms. Dwarka is engaging in tactics of age discrimination because that is what Tweed wants, she was ordering the assistant principals to rate teachers over 40 years old unsatisfactory. How else can you explain that these teachers never got rated unsatisfactory before and most of these assistant principals were forced out? During 2012 nine assistant principals have left W.C. Bryant High School. How can our Union negotiate with Tweed? When we were making 30000 dollars we were satisfactory teachers, now that we make more overnight we became unsatisfactory.

  • GET REAL KID

    just wait it out  union…no need to negotiate with this luny boon administration blloomdoe…why would we make a deal with an administration that is so hostile, so disrespectful and really, really does not care about kids…..wait it out  union mulgrew and lets deal with a respectful mayor who cares about nyc and its workers….nyc was great before bloomy got here we dont need this miser bringing his cockeyed views to nyc…we were great without  this mayoral dictator…bye bye blooomy, cya at the new  years eve party illl be drinking soda bonehead

Tips, questions, feedback?

Contact us at .

Word from Our Sponsor

Follow GothamSchools

RSS
Subscribe to the daily email digest:

Chalk It Up

Recent Comments

0 comments so far today

Archives

May 2013
M T W T F S S
« Apr  
 12345
6789101112
13141516171819
20212223242526
2728293031