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Tuesday, September 2, 2025

Retiree Chapter Leaders Offer Tentative Support for UFT Healthcare Changes - While Some aligned with ABC call for a Membership vote

The UFT Retired Teacher Chapter is supporting this rally organized by the NYC Organization of Public Service Retirees and we hope you can make it! Spread the word. 

Tuesday September 2nd         

                                             11am at City Hall

It is  Mayor Eric Adams birthday, and guess what?  He turns 65 years old & is now eligible for Medicare!   The time is NOW!!   We have to highlight at this press conference/rally that this is the BEST way to protect our Medicare and earned and vested benefits.  He must tell the Speaker to get this bill to the floor so he can sign it.  It will be held on the STEPS OF CITY HALL. Arrive by 10:15am

Tuesday, Sept. 2, 2025

I'm about to head over to the ferry to attend the rally but wanted to get this out. See Marianne Friday night video: 


I laughed out loud (with the mic off) numerous times when I attended an RTC Exec Bd zoom yesterday. Support for the rally by the RTC Exec Bd, loaded with ARISE people who despise Marianne, was a pleasant surprise. The 1096 city council law would protect retirees from evil mayors. (Mamdani won't sign on to that bill even though he indicates he would not put retirees into medicare advantage -he may not have to as Trump and fellow gangsters are going to take care of that.)

Other than support for the rally, I was not a happy camper at the general non-militant response from RTC EB and the Retiree Advocate crew that make up half the EB.  

When I saw this from Unity Caucus claiming unanimous support from the Mulgrew hand-picked healthcare committee and knowing that 4 RTC/RA officers had attended, I asked in an email if they all voted for it given the history of offering misleading and manaipulative information going back to the 2005 contract and getting the hand-picked so-called oppo people to vote for it and then using that fact to claim bi-partisan support when they mass sell it to the membership. There was no response - until yesterday's meeting when to my shock the attendees confirmed they had voted for it under the argument "We can't be opposed to them automatically. Union leaders are not the enemy." 

Holy shit. Some of these people have faced 50 years of Unity deception, manipulation and control and still don't get it. But then again, many of them have been part of New Action which made the dirty deal with Randi over 20 years ago and spent a dozen years finding excuses to stay in that coalition. I call that the New Action (or France's I surrender in WW2) mentality. Some call it a Vichy mentality.

I hung out with a prominent member of MORE last week who told me no one from MORE attended the meeting, so they are off the hook. But RA and NAC are mot. But still watch the Unity hacks praise the loyal ARISE oppo and slam the ABCs for not taking part in a farce.

The very same Unity people who told and sold us that their Medicate Adv plan was better than Medicare. Remember Mulgrew telling us this time and again - it's just a name, they are the same? At the very least, abstain while waiting for full information, a position Marianne seemed to take in her Friday video. (Of course Unity attacked her for that.)

A suggestion that we ask the lawyers Marianne uses to help us figure out what is happening was mocked. "We have UFT lawyers to do that for us. Let's write a letter to Mulgrew asking for UFT lawyers do the job." Yes, it's the "Let's Plead" strategy that's been so successful. 

Meanwhile, the ABC chats have been exploding.

One of the key failures of the RTC was to change a successful plan to push for a membership vote on healthcare changes to a DA vote - which is a joke considering how Unity has gained even more control despite the 300 RA and supposed 100 MORE delegates.

Here is Arthur's take:

Apparently the RTC members who did attend voted yes for Mulgrew’s proposed healthcare changes.  So there you have it: RA under Unity’s umbrella…

Trump is out there introducing pre-approvals to Medicare, in a clear effort to make it more like Medicare Advantage. This will be introduced in six states next year, New Jersey included, and it’s something we need to fight.

If you’re under 65, or in service, there is a new health plan out there for city workers. Unity, predictably, says it’s the best thing since sliced bread. Someone once pointed out to me there is, in fact, artisan bread. You cut it with a knife, and it’s got a wonderful crust. It’s got great texture, and isn’t full of chemicals to ensure it can sit in a plastic bag for two years without getting stale.

Queens UFT, in a social media post, wrote, “The new plan, like the current GHI CBP plan, allows for the option of tiering in the future to penalize hospitals that price gouge or act in bad faith.” This, to me, raises a red flag. While the current plan may have that option, I can’t recall it being exercised. Last I looked, a hospital visit would set me back 300 bucks on GHI...... Arthur’s substack - 

Fool Me Once, Shame on You...

Fool me half a dozen times, and expect me to fall for it again, and I must be hopeless

Aug 30, 2025
 Arthur's point on Trump pushing Medicare Adv was echoed in the NYT:
 
Medicare Will Require Prior Approval for Certain Procedures

A pilot program in six states will use a tactic employed by private insurers that has been heavily criticized for delaying and denying medical care.

https://www.nytimes.com/2025/08/28/health/medicare-prior-approval-health-care.html?smid=em-shar
e

 

FOR IMMEDIATE RELEASE

NYC Public Service Retirees Unveil Giant 65th Birthday Card for NYC Mayor Adams

Group Invites Mayor to Join Their Organization

Asks Mayor to Support City Council Bill to Protect Retiree Health Insurance

 

NEW YORK, N.Y. – Today, New York City’s public service retirees come together at City Hall to celebrate Mayor Adams 65th trip around the sun with a giant birthday card and special request: support Intro 1096! This City Council bill put forth by Councilmember Christopher Marte, District One, and co-sponsored by Councilmember Robert Holden, District 3, is the key to permanent protection for the healthcare of hundreds of thousands of retired city workers who currently rely on Medicare. As of today, Mayor Adams has become one of us. When he completes his city service he’ll also rely on Medicare.

 

“The mayor is no longer on the sidelines in this shameful attempt to undermine healthcare for retirees,” said Marianna Pizzitola, President, NYC Organization of Public Service Retirees which represents more than 250,000 city retirees. “His insurance is also in the crosshairs now. He has said he will support us. Now is the time to SHOW us he will support us by backing intro 1096!”

 

Health insurance for scores of the city’s most senior retirees has become a political pawn in recent years. Unscrupulous union bigwigs and their elected allies have championed a switch to private insurance in the name of alleged cost-savings. Their proposal is a for-profit alternative run by Aetna, deceptively called “Medicare Advantage.” It is anything but. And of course, dollar-for-dollar, it does not save the taxpayer a single penny. “Advantage” does, ironically, diminish the quality of medical coverage and access for the retirees who need it most. Meanwhile, our members, many with pensions of under $26,000, are relying on food pantries for assistance and faced with the choice of deferring medical care.

 

In recent weeks, Mayor Adams has expressed support for ending this attack on retirees and retaining their well-earned Medicare. We thank him. He now has a vested interest in following through on his words with tangible action. Supporting Intro 1096 is the best course of action.

 

New York City’s retired workforce showed up for New Yorkers every day for decades. As they grow older, now is not the time to pull the rug out from under them. Join us in championing Intro 1096. Everyone knows someone affected by this. Support your neighbor, your relative, your fifth-grade teacher – along with every firefighter, police officer, and sanitation worker who made a difference serving this city!

### 

About NYC Organization of Public Service Retirees

 

In the aftermath of the proposed Medicare bait-and-switch by the prior administration, this organization was formed to give the otherwise silent and unrepresented retirees a voice. Many tens of thousands strong, we have now grown into a force for resistance against any effort to diminish our medical insurance. We proudly stand at the forefront of accountability – speaking truth to power against those who seek to sell out those who have upheld their oath and their promise to serve.

 

Media Contacts:

Marianna Pizzitola: 631-793-9715

Robert Ganley 917-841-1812

 


 

Thursday, August 28, 2025

District 30 CLs Boycott UFT CL Training, Inside Unity Complaints

Nothing says "We don't value you or your time" like summoning chapter leaders to an all-day, unpaid training during their vacation, where 95-99% of what's presented is the same info that's been presented for the last 5-10 years. The training could be useful for first-year chapter leaders or someone who hasn't attended in years. For everyone else, it should be a "Here's what's new" email or 15-30 minute asynchronous video presentation. -- former Unity member

I was fired too in June from being a UFT Teacher Center district coach for absolutely no reason. Directly by racist VP Mary Vaccaro As was one of my district coach colleagues. So there are probably more firings than you are aware....anon comment
 

 Thursday Aug. 28, 2025

The NYT had an article about Washington residents responding to the Trump takeover by jeering federal agents. The guy who threw that sandwich is a hero to people.

And also note the people at CDC who quit in protest of the firing. Enough is enough is a sign.
 
I bring this story up in the context of the Mulgrew firings having a similar impact on people  - instead of it's intended attempt to scare people. Certainly many full-time employees are frightened. But that won't keep them from being resentful and acting in ways that will not help the Mulgrew gang. 

Last week I wrote about the revolt in District 30 over the firing of Dist Rep Ashley Rzonca that has gotten more views than I've had in years:

Tuesday night I attended a NY Public Library comedy night for teachers with some D. 30 folks and heard about this boycott. (The four comedians were very funny.)

Many D30 CLs decided to take an action and not show up. We registered and cancelled and when asked why we were cancelling we wrote our thoughts.... 

Leah, who was also fired in June and has led the resistance has a video:

https://www.instagram.com/reel/DN2x3YtYtXu/?igsh=Y3Vrb3o2cmg5dTVv 

Think about it. If she hadn't been fired she might have not felt as free to do this level of organizing. A smart leadership would realize that. I hear that a few D. 30 CLs did show up but the vast majority did not. Imagine what the chosen replacement for Ashley Rzonca will be facing. The part-time job holders inside Unity may be feeling it just ain't worth it to work in a toxic environment. 

Don't forget that the ABC coalition included a number of Unity people who had had enough. Keep an eye on how the Mulgrew gang see keeping the 14%ers in ARISE alive as the standard opposition to counter the rise of ABC. (I will have more to say about that growing alliance - NAC/Unity alliance 2.0? Fact is the Unity defectors will head to ABC before setting foot in ARISE.)

I cam across this anonymous post (we think we have guessed the author) from inside the caucus. While some of my colleagues mock anonymity, I do not. Stay inside the tent publicly but back ABC privately. There's a home for you. I'll let that person do the speaking here to give you a sense of internal disaffection as he/she focuses on the hypocrisy of attacking DSA in January as an enemy within the UFT - and exposing the attack was more about fear of Marianne.

Before I ever worked for the UFT, I was teaching in a NYC school and I’ll tell you this much, even my students back then would have seen through what’s happening right now.

In January, Unity leadership told us that Arise was basically DSA/MORE with a new name. They handed out a flyer at the Delegate Assembly warning members about “outside agendas,” saying Arise was nothing more than DSA and MORE rebranded, and that we had to protect the union from infiltration. That was supposed to be the line, protect Unity, protect the union, don’t let outsiders run the show. Unity writes on the issue here DSA=MORE=ARISE?

Fast forward six months, and what do we see? Unity leadership looking like it is cutting deals with the very same people we told members to stay away from. This “Educators for Zohran” group is stacked with Arise folks who already lost in the UFT elections. Zohran himself hardly ever shows up. Instead, it is Jamaal Bowman hogging the spotlight, turning the whole thing into his personal comeback tour.

And right in the middle of it all? Briget Rein. Our own City Council liaison. The same Briget Rein who lobbied against the retiree bill and half ass pushed the para bill, fully knowing it never would happen. The same Briget Rein who is supposed to be safeguarding UFT’s political interests at City Hall is now shoulder to shoulder with Arise at their events. How does that square with what we told members in January?

Meanwhile, inside the union, leadership is losing its grip. Members are frustrated, angry, and demanding more. Instead of listening, leadership responded by axing a bunch of people tied to ABC, people who, like it or not, had respect in the schools. A couple are even what I would call friends. We were told this was about “unity and discipline,” but to the rank and file it looks like fear and desperation, cleaning house because Unity no longer knows how to hold the membership together.

And then there is the endorsement. In July, the DA voted to endorse Zohran Mamdani. Anyone who has ever sat in a DA run-through with Mulgrew beforehand knows he never wanted Mamdani. So what changed? Mamdani’s campaign did not even bother to put UFT on their endorsement page for almost six weeks, which tells you everything about where we really stand.

So what are we left with? A union leadership that tells us one thing in January, does another in July, and by August has Briget Rein smiling alongside Arise like nothing ever happened. It feels like some bargain was struck somewhere, and the cost was our credibility.

I have been Unity my whole career. But this does not feel like leadership anymore. It feels like scrambling, cutting deals, and abandoning our own principles. And members in schools see it, they see the contradictions the same way my NYC students would have.

If Unity keeps going down this road, it will not be Arise or ABC that brings us down. We will do it to ourselves.

 


 

Tuesday, July 22, 2025

The Friday Night Unity Purge/Massacre: Rally for Leah and Ashley @Queens UFT HQ at 6PM Today


Tuesday, July 22, 2025 - Queens UFT - 118-35 Queens Boulevard 7th Floor Forest Hills, NY 11375

I'm heading out soon to the Queens UFT office for the 6 PM rally - they say get there at 5:30  to defend fired District rep Ashley Rzonca, sponsored by the District 30 Community Education Council, a parent group, not an insignificant factor. And as I pointed out in my post yesterday _ UFT DA Tidbits - Endorsing Mamdani, ABC and ARISE/...  she is also getting support from a number of D. 30 CL and UFT members. Firing her over perceived disloyalty and friendship with the fired Amy Arundell, her former boss at the Queens office.

- I'm taking a new route as I hate to drive more and more despite my new car. I will drive to Howard Beach station to get the Airtrain to JFK and then transfer to the one to Jamaica where I will pick up the E to the UFT. 

Click on the link to Talk out of School to hear interviews.

https://podcasts.apple.com/us/podcast/talk-out-of-school/id1490313171?i=1000718209710  

The D. 30 CL and Delegate protest at the July 9th DA Mamdani endorsement was not insignificant.  

Ashley Rzonca speech at CEC 30 meeting.  

Everyone knows Amy revitalized that office when Mulgrew moved her out of 52 almost 10 years ago. At that time I saw that as indicating some differences between them - even though it came with a big raise, getting her out of the center of action. She built a loyal following until she was removed in late 2023, but those relationships came home to roost in helping build the A Better Contract (ABC) and its subsequent relative election success. 

I had heard from a Unity source months before the firing that Ashley was in trouble due to connections to some of the CLs in D 30 who ran with or supported ABC, which was due to the Amy connection. 

Yet Ashley was appointed to the recent UFT election committee as one of the "thousands" of Unity reps on that committee, ran, and was elected, on the Unity slate for the UFT Exec Bd and as an AFT/NYSUT delegate for the next 3 years. 

It will certainly be interesting to see what Ashley does - will she take on the role of the missing opposition, along with fired para Hector Ruiz, Jr. who was also elected to the Exec Bd and AFT/NYSUT? A third fired official (who has asked to remain nameless) was also elected to AFT/NYSUT. (Para Migda Rodriguez, who ran with ABC and is an elected Para officer, was also fired -- I will address the fired paras in a separate post.) 

What does it mean that 3 of the 6 fired were chosen to run with Unity back in February yet fired in June? Did they not hand out Unity flyers with enough vigor? Or did vote totals in District 30 have anything to do with it? The big jump in elementary school votes for ABC might have been a factor since many probably came from D. 30. I asked for school vote totals when I was on the election committee but Unity rejected that request, opting for district reports. The president of GES told me he had that data -- did Unity get that data but deny the rest of us - and examined it and found something in the D. 30 results?  

Even though I was on the election committee with Ashley, I had my first conversation with her on July 9th after the DA and was impressed by her passion and smarts. I have to be honest - I used to view District reps, and indeed, the general Unity crowd as being sycophants and some real slugs. Having contact with a bunch of Unity disaffected has opened my eyes to see Unity people in a new light. I bet there are plenty more of them - some have even been in contact sub rosa. (Let Mulgrew start looking under the hood with a flashlight.)

There's a petition campaign: http/bit.ly/reinstateashleyrzonca 

I'd call for them to have an election. 

There are DR slugs of course, but Rzonca has an impeccable reputation and if an election were held would win hands down. I don't envy her successor. In fact, if she goes over to ABC, I'd bet a bunch of CLs and members in Dist. 30 would come along with her. I know of some who did not run with ABC but were a big help with petitioning - dynamos that will be a force if active in ABC.

Amongst Amy's and Ashley's admirers is CL Leah Linn, who Amy had hired as a PM staffer. Leah ran with ABC as an officer and was fired soon after the election was over. Leah has helped lead the resistance. I never met Leah until this past February and became increasingly impressed with her leadership skills and her smarts. 

Leah as a CL in Ashley's D. 30 and her defection to ABC is probably one reason Rzonca was fired. Did she fail to use the Unity Caucus whip and threaten Leah for running?
 
Summary:
 
The Friday June 27th purge was a cleansing by Unity Caucus of its perceived dis-loyalists. Mulgrew and crew, when faced with waning popularity, instead of trying to fix it, they resorted to fear tactics to try to cow potential internal opposition into silence and obedience, but has resulted in lots of loathing. 
 
Fear tactics might work for some but over time these tactics alienate people in the club, even if they remain on the job. From all reports, Mulgrew has created a toxic environment inside the union and this only exasperates that toxicity. The attacks on Amy, going back years, brought enough people into ABC to make it a viable opposition. 
 
If anyone in Unity didn't notice the drop to 53% and the energized ABC campaign infused with Unity refugees, that are fooling themselves. Repression and fear-mongering engenders resistance or a cleansing-- I won't use a banned word for cleansing in Arabic.
 
While in the long run, union staffers having a union and due process rights seems like a good idea, there are also complications in that idea. Shouldn't the party in power be able to hire the people they want? That was the argument made by Unity when they killed district rep elections in 2002. But that's the argument principals make, so no dice. District reps are a special kettle of fish. They used to be elected by chapter leaders for decades before the change and the union was better off for it. If ABC had won we would have moved immediately to hold DR elections. 
 
So the firing of district 30 rep Ashley Rzonca, who ran and won election to the Exec Bd and AFT/NYSUT rep on the Unity slate, is  unfair - based on "perceived" disloyalty and not cancelling Amy, her former mentor and boss -- this is where Unity crossed the line. Did Rzonca fail to stuff enough mailboxes with Unity glossy election leaflets? Were the vote totals for D. 30 too low? Were the ABC elementary totals too high? 
 
====
Comment from a D 30 CL 
Being a union member, and in my case a Chapter Leader, we are taught how to navigate the inner workings of toxic administration. We are told to document, to stand our ground and when the time comes, we are taught to come together and make our voices heard. We are told to have union representation when we are called into meetings with administration in order to protect ourselves. Our District 30 Representative, Ashley Rzonca helped us to build these tools to ensure that we maintain a safe work environment where we are free of bullying and harassment. 
 
We’ve trusted our union to stand by the values that give our collective its strength and purpose, but it’s become painfully clear that the UFT has abandoned those values.
Ashley Rzonca was called into a meeting where she was told she would meet with UFT leadership. Instead, she was met by Human Resources. She was lied to. 
 
Ashley Rzonca asked if she needed to bring anything or anyone to the meeting with her and she was told it wasn’t necessary. She was deceived. 
 
Ashley Rzonca was asked not to return to her position at the UFT. When she asked why this was happening or if it had to do with her job performance, she was told they were “unprepared” to answer those questions. This is unacceptable.
 
Ashley Rzonca reached out to report harassment in her workplace and instead of being supported, she was terminated. This is retaliation. 
 
If this exact scenario were happening in a school building with a UFT member and a principal, we would immediately call it what it is: retaliation and an abuse of power. If a member met with administration to ask why they were being discontinued and the answer was “we are unprepared”, we would be up in arms about ineffective administration. We would be advocating for this member to remain in their role and demand accountability. Why should this be any different? 
 
The UFT can not give us the tools to push back against ineffective leadership and expect us to stay silent as it unjustly terminates a dedicated unionist who has served with integrity and excellence in her leadership role. Ashley Rzonca’s termination is not only unwarranted, it is a betrayal of the values we hold dear in our union. 
 
I am demanding that Ashley Rzonca be reinstated to her position as District 30 Representative. 
 
I will not stand by. I will not be silent. I will speak out and demand immediate action. Our union is only as strong as our willingness to defend what’s right.

Sunday, July 20, 2025

UFT DA Tidbits - Endorsing Mamdani, ABC and ARISE/Unity Reactions Differ, District 30 CLs Protest Firings

Sunday, July 20, 2025 

I started writing this on July 9th, the day after the special endorsement delegate assembly and nice weather and wasting lots of time watching TV at night led to avoidance. Plus others kept writing on the issue and I kept adding links to the point this has become a mess. I will not be deterred. For those intrepid souls willing to wade through this, I offer, up front, a few key takeaways while I put most of what I've been writing on hold for a follow-up. 

I am struck, though not surprised, at the very different reactions of the ABC crew compared to the effusive praise coming from both the Unity and the ARISE coalition members (MORE, Retiree Advocate Organizers, New Action). 

Unity people fall in line. If Mulgrew had endorsed Cuomo you would see the same level of effusivity. If he endorsed Adams, the same. Nosferatu? Hell Yes.

ARISE coalition members adhere to ideology over process (and democracy). People from the ARISE coalition groups supported Mamdani all the way and are extremely excited to see their fave endorsed by the UFT. Let's point out that Unity, MORE, New Action and Retiree Advocate are all legacy caucuses and if you don't support the basic ideology of the caucus (as I often have not) you are made to feel extremely uncomfortable - as I have been made to feel within the dozen member RA Organizing committee, which has operated on consensus, except when it doesn't.

The 3 oppo legacy caucuses echoed their UFT election misjudgements and jumped to support a bad process because of their caucus' support for a particular candidate who comes close to their groups' ideological favorite. 

A MORE tweet bragged: This is what a real Delegate Assembly looks like -- and posted this graphic  

The delegate red area included almost every officer in the room getting to speak plus assorted other Unity stalwarts. But the first speaker on the phone just happened to be a prominent MORE and ARISE and Mulgrew made sure to call on the co-chairman of New Action -- shades of bipartisanship.

The entire charade was "caucus member driven", not rank and file member driven.  

I'm sure MORE and New Action did not have time to take a vote of their members. MORE didn't have to.  It would be very unlikely to be in MORE and not be for Mamdani. No zionists left there. What about New Action? Their co-chair spoke for Mamdani at the DA but not for the caucus. As far as I know NAC did not formally endorse. But when it comes to RA, which is almost half made up of NAC, it did endorse. That is problematical since there were 300 people elected with RA and were not consulted. Only the 12 member RA Organizers (a steering committee of sorts) endorsed. I was the lone voice of opposition and while I personally support Mamdani, I objected to branding RA in this manner by ignoring voice of RA supporters, many of whom are concerned about confusion around Mamdani's support for the retiree struggle.

ABC does not view itself as a caucus with a firm set of beliefs one has to adhere to in order to "join." Actually there is no "joining". Anyone, no matter where they stand - within reason of course, is welcome under the idea of "leave your personal politics at the door", which came under much criticism from ARISEers. So while many ABCer affiliated support Mamdani, some do not. ABC believes in a big tent, which seems to enrage some ARISEers who turn up their noses at mingling with what they consider "deplorables". Imagine if ABC tried to engage in an endorsement process --- oy! 

So that is how ABC looked at the UFT endorsement process on such quick notice without internal discussion -- 

At the July 8 emergency DA I handed out this leaflet from ABC, making the point that I personally supported Mamdani:
  • The UFT’s Endorsement Process Is Broken:  We need a member-led process with transparency, healthy debate, and accountability. We stand on our platform position that members should vote for major political endorsements. Creating a transparent, member-led endorsement process

 ABC made this prediction and it came true:
There may be some scripted debate. A rushed vote. But the outcome is already decided. And this outcome has the potential to damage our solidarity. This is not a democratic process. It’s a performance. And it’s insulting.

 One ABCer, a Mamdani supporter, did get a comment in at the DA and pointed out he would like time to get input from the staff at his school that elected him - and urged a delay until September to try to engage people and build support -- give some scrutiny to the awful alternatives and time to counter some of the ridiculous attacks like free buses (but not free Staten Island ferry) is socialistic.

Cheering the 63% vote at the DA is a false flag as to where the members stand. For all we know a majority may be against and how does that play out in the context of the UFT endorsement - often a kiss of death to a candidate? Some have been pulling COPE in response. Double OY!!

Revolt in District 30 (Astoria and Jackson Hts): 

Oh, and don't forget the not insignificant revolt from District 30 over the firing of their district rep. 

While attention was focused on the Mamdani endorsement, another significant event occurred at the July 8th DA when CL and Del from District 30 (Astoria and Jackson Hts) protested the firing of Ashley Rzonca, their District Rep.  Was she viewed as too friendly with Amy? Others were fired for what looks like similar reasons. Mulgrew's crackdown is in line with other dictators who instead of reading the tea leaves  - 54% Unity vote - Unity defectors being a significant factor-  and redressing the issues, Mulgrew has doubled down, using fear which leads to loathing. Consider the District 30 firing a major unforced error. I pity the district rep they put in her place.

If you are free Tuesday, come on down: 
 
 
 
See a video of protest.
 
 
 
District 30 Delegates Protest Firing of Dist Rep
 
CL Leah Lin Raises Point of Personal Privilege over firing of D. Rep Ashley Rzonca
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Mulgrew had her mic turned off. 
 
Leah Lin video. I have to talk some more about the growth of Leah as a leader over the past 6 months - but not today.
 
Friendship with Amy led to Firings.  Coming soon to Unity Caucus?  Polygraphs to test loyalty.

More Leah Lin:
 









Thursday, June 19, 2025

Jeff Kaufman on Bentkowski: A Betrayal of Public Trust: Why New York's Retirees Will Ultimately Prevail

Jeff, a former lawyer, lays out a path to victory.
 
Thursday, June 19 
 
A Betrayal of Public Trust: Why New York's Retirees Will Ultimately Prevail
 


The New York Court of Appeals' decision in Bentkowski v. City of New York represents a troubling abdication of judicial responsibility that prioritizes municipal budget constraints over the fundamental promise of good faith that binds employer to employee. While the Court's narrow focus on the technicalities of "clear and unambiguous promises" may have temporarily shielded the City from accountability on promissory estoppel grounds, the decision leaves intact multiple powerful causes of action that virtually guarantee the retirees will ultimately prevail when the case returns to the trial court.
The Court of Appeals committed a fundamental error by applying an artificially restrictive interpretation of what constitutes a "clear and unambiguous promise." The Court dismissed decades of consistent representations in Summary Program Descriptions (SPDs) as merely "descriptive and for informational purposes only," ignoring the basic principle that contractual obligations can arise from a course of conduct and reasonable reliance, not just from formal written agreements.
The Court's parsing of verb tenses—focusing on present tense language like "becomes eligible," "is provided," and "supplements"—represents a triumph of form over substance that would make even the most pedantic grammarian blush. When the City tells employees year after year that Medicare "provides" first-level benefits and the City's program "provides" second-level benefits to "fill certain gaps in Medicare coverage," any reasonable person would understand this as a commitment to continue that structure.
Most egregiously, the Court dismissed the phrase "and thereafter" as referring only to Medicare eligibility timing, not future benefits. This interpretation is not just wrong—it's absurd. The plain language clearly indicates that City benefits would continue "thereafter" once Medicare eligibility begins. To read it otherwise requires willful blindness to the obvious meaning.
Despite the Court's rejection of the promissory estoppel claim, the remand to the trial court preserves numerous causes of action that provide clear pathways to victory. Each represents a distinct legal theory capable of delivering complete relief to the retirees.
The Second Cause of Action under the Retiree Health Insurance Moratorium Act provides a compelling path to victory. This statute explicitly prohibits reducing teacher retiree benefits unless active employees face corresponding reductions. The facts demonstrate a clear violation: the City's contributions dropped from $191.57 per month to $15-22.50 per month for retirees while active employees retained their plan choices and superior coverage. The law was specifically designed to protect retirees who lack collective bargaining power, making this differential treatment precisely what the legislature sought to prevent.
The Ninth Cause of Action under the NYC Administrative Procedure Act (CAPA) addresses the City's deliberate circumvention of required rulemaking procedures. The healthcare policy change constitutes rulemaking that affects a quarter-million retirees and creates binding standards of general applicability. The City's failure to provide public notice and comment procedures violated the procedural rights of every affected retiree and represents a fundamental breach of administrative law that courts cannot overlook.
The Sixth and Seventh Causes of Action under both NYC and New York State Human Rights Laws present powerful discrimination claims. The policy creates a disparate impact on disabled retirees under 65 who are Medicare-eligible due to disability. While non-disabled under-65 retirees keep their existing coverage options, disabled retirees are forced into inferior Medicare Advantage plans. This class-based discrimination against people with disabilities—those most needing healthcare access—violates fundamental civil rights protections and cannot be justified by mere cost savings.
Life-Threatening Consequences Demand Judicial Intervention
The Third Cause of Action challenging the dangerous disruption of life-saving treatment presents compelling grounds for immediate relief. Retirees with cancer and other serious conditions face the impossible choice between continuity of care and financial ruin. Many cannot obtain supplemental coverage due to pre-existing conditions, while others face underwriting barriers that make coverage unaffordable. The policy's arbitrary implementation, without consideration of individual medical circumstances, fails even the most basic rational basis review given its life-threatening impact on vulnerable populations.
The Fourth Cause of Action addresses the City's failure to provide adequate information for such a momentous decision. Major healthcare decisions require accurate, complete information as a matter of procedural due process. The City made material misrepresentations, falsely assuring retirees their doctors would accept the new plan. Many retirees never received comprehensive information packages, while the deliberately complex opt-out process proved especially burdensome for elderly participants. Given the irreversible nature of this one-time decision with permanent consequences, the lack of full disclosure constitutes a fundamental due process violation.
The Eighth Cause of Action for unjust enrichment recognizes that healthcare benefits represent earned deferred compensation, not gratuitous benefits. Mayor Adams himself called this policy a "bait and switch" before taking office, acknowledging its unconscionable nature. The City will reap hundreds of millions in annual savings while benefiting from federal Medicare Advantage subsidies, all while shifting costs to vulnerable retirees after decades of faithful service. Good conscience demands restitution of these ill-gotten savings.
The Eleventh Cause of Action under the Donnelly Act addresses the City's creation of an unlawful monopoly through its exclusive Aetna contract. The City bypassed competitive bidding processes, eliminating competition among insurers and depriving retirees of choice and competitive pricing benefits. Ironically, Aetna previously made similar antitrust arguments against another City plan, demonstrating the anticompetitive nature of such arrangements.
The Tenth Cause of Action recognizes the City's special relationship with its retirees and the fiduciary duty to provide accurate healthcare information. The City's material misstatements about provider acceptance and plan benefits, combined with false assurances about the opt-out process, created reasonable reliance that continues to cause harm. The City knew retirees would rely on these statements for enrollment decisions, making the negligent provision of false information particularly egregious.
Beyond the legal technicalities lies a fundamental question of fairness and public policy. The City of New York recruited employees for decades with the explicit promise of comprehensive health benefits in retirement. These employees—teachers, firefighters, police officers, and countless other public servants—accepted lower wages than they could have earned in the private sector based on the understanding that their retirement security was guaranteed.
Many of these retirees are now in their 70s and 80s, having planned their retirement finances around the expectation of Medicare supplemental coverage. Some have relocated to states where they cannot obtain supplemental coverage due to pre-existing conditions. Others lack the financial resources to purchase private coverage. The City's decision to abandon these vulnerable retirees represents a breathtaking betrayal of the social compact that binds government to its workers.
The Court of Appeals' decision should be understood as a temporary setback rather than a definitive defeat. While the Court's analysis of promissory estoppel was problematic, it leaves intact multiple independent causes of action, each capable of providing complete relief. The trial court's previous sympathy for the retirees' position, combined with the opportunity for more complete factual development, creates a favorable environment for ultimate success.
The remaining causes of action span constitutional law, statutory violations, civil rights protections, antitrust law, and fundamental due process rights. The City cannot simultaneously violate the state constitution, ignore statutory protections, discriminate against disabled individuals, endanger lives, deny due process, engage in antitrust violations, and commit unjust enrichment while expecting judicial protection.
Perhaps most importantly, the moral force of the retirees' position remains undiminished. They kept their part of the bargain, serving the City faithfully for decades in exchange for promised retirement security. The City's attempt to renege on that promise while hiding behind legal technicalities represents exactly the kind of conduct that courts exist to remedy.
When this case returns to the trial court, it will do so with a powerful arsenal of legal theories that survived appellate review. The constitutional claims alone provide sufficient grounds for complete victory, while the statutory violations, civil rights protections, and due process claims offer multiple alternative paths to the same destination.
The trial court proceedings will allow for complete factual development, revealing the full scope of the City's representations and the devastating impact on vulnerable retirees. This expanded record will only strengthen the retirees' position and highlight the unconscionable nature of the City's conduct.
Justice delayed is not justice denied. When this case concludes—as it inevitably will—with vindication for New York's retired public servants, the Court of Appeals' decision will be remembered as a regrettable detour rather than a final destination. The multiple causes of action that remain provide not just hope, but virtual certainty that these retirees will ultimately prevail.
The City of New York made a promise. The remaining legal theories ensure it will be forced to keep it.
 

Friday, May 30, 2025

UFT Election 2025: ARISE - A Forensic Analysis - Will ARISE Demise? And What About ABC?

Prediction from John Q. Teacher: ARISE will get about 20% of the vote. Unity will get 40% and ABC will get 30% of the vote. Thus, Unity still wins. I have been saying this for a while. Having two groups such as ARISE and ABC will cause a Unity victory and I am not happy to see that happening. Hope I am wrong..... 
Unity will break 60% closer 65%. .... Anon

Friday, May 30, 2025

Yesterday, as predicted, was a dud in terms of election results - even worse than I predicted due to the expected complications of in-person, mail, dealing with the large number of booklets vs single slate voting. They did count the in-person with estimates that around 1200 voted, and from what I could see from the screens, Unity won that vote overwhelmingly - looked like 65-70% to me. But that was expected. I was in and out all day with a noon doc appt and then at 5 to the rally on immigration at Tweed where there was a big crowd.


 
But today they are ready to start the serious scanning of the mail ballots -- we have no number on returns - we were told north of 50K. But how far north is a key as 50K is still on a quarter of the 200k ballots.
 
I'm heading down soon for the day which may stretch into Saturday. We won't know official results until sometime next week. We can only detect trends.
 

Here are the scenarios and at this point I can't do much speculation other than to say ABC has a shot and ARISE will not win.
Unity wins with 60-65% along the lines of the 2022 UFC election.
Unity wins but with lower totals ever: low 50s%
Unity wins small: Under 49%
ABC wins - if so it will be small
ARISE wins - I see no path
 
If Unity hits over 60%, that is a tribute to the campaign they ran that was aimed at getting out their base. They were desperate, because, you know, going back to the classroom was possible of they lose. But if the win with under 50%, that is a major warning sign that the end is near - if the opposition can get their stuff together -- always problematical.

But before we know results, as ballots start flying through the scanners, we can't help but look to the future, which has many different possibilities depending on the outcome. I will address the future of ABC which could go from bye-bye to vibrancy after the results. One thing was proven - that an ad hoc group of individuals with a wide range of political views - with a "leave your personal politics at the door" attitude, showed they could put together a slate of 550 candidates and run a campaign, a campaign that annoyed the hell out of both Unity and the usual loyal opposition.

What about the future of ARISE? Let's look at the components of the ARISE coalition, which has some similarities to United for Change from 3 years ago, but also some differences. My premise is that each caucus has different interests and after the election will focus on pursuing those interests. And as long as there are multiple caucuses pursuing their interests, and only coming together every 3 years for elections, Unity will prevail. 

ARISE is smaller in size down from 7 voices to 3 and they have learned a few lessons from the mistakes of UFC. Three caucuses made for easier decision making than 7. Let's not forget - before ARISE arose, there was the bigger ABC in formation which I wrote about the other day: Proposal from MORE to ABC Coalition (Oct. 2024) - Why This Agreement Favors MORE Caucus and Hurts Broader Union Democracy

Before the split, the group that became ARISE pushed the idea of structure as a necessary precursor which to the ABC component, which was like a wild horse trying to break out of the barn, meant control. And limits on what type of campaign could be run. Even a modest proposal to allow committees to funtion somewhat autonomously led to a hysterical reaction with screams of "you are trying to gut the power of steering." That was the final straw when ABC found out that the major 4 page proposal from MORE was being given careful consideration by the very same people who attacked ABC for its modest offer.

Anyway, let's look at those components.

New Action was founded in 1995 in a merger of two long-time caucuses, Teachers Action Caucus (TAC) - late 60's and New Directions (1975) and through 2001 won the high school exec bd seats. C. 2002, NAC began to cooperate with Unity Caucus and worked in tandem for UFT elections through the 2013 elections before breaking with Unity in 2016. During that 12 year period, NAC lost the bulk of its support, especially from active members and became more and more of a retiree-laden group. They recouped some in-service support from the 2022 election but are still very retiree dependent.

New Action has the most to lose if ARISE finishes last as they have claimed that only the caucuses and with their history and experience, could run a campaign. Thus some of them have been the most vicious in attacking ABC, which presents an existential threat to them.

MORE: Due to the NAC deal with Unity, two new groups, ICE and TJC ran against them both from 2004-10 before coming together with other groups to form MORE in 2012. A faction in MORE pushed out the ICE people in 2018 and MORE slanted traditional left. MORE is the biggest opposition group and is very school based and can withstand any outcome in this election and still hold its own. A significant portion of MORE did not even want to run and if ARISE finishes a poor last, will become more ascendant in MORE. That will make MORE less likely to want to continue to work within the ARISE group after the election.

Retiree Advocate: A 30- year old group that was a spin-off of NAC but separated in order to attract new people -- I and some others from the ICE wing of MORE plus people picked up during the rallies against MedAdv. Currently around 12 people, of which I am one. We call ourselves the RA Organizing Committee. Last year's major victory over Unity in the RTC election gave people hope we could beat Unity this time, but for me has made some serious errors in how they decided to join the ARISE group without going outside the dozen. I was the lone dissenter, urging them to remain neutral and try to play the role of mediator to try to bring ABC and NAC/MORE together before ARISE even AROSE. 

RA is not really a caucus because it has no formal membership and we are talking about how to change that but bad feelings about this election will not go away very quickly. RTC CL Bennett Fischer, who I support, even when I disagree with him, has the potential to keep things together.

In the meantime, RA is very tied in with running the RTC --- 8 of the ten officers are RA and I am on the RTC Exec Bd.  

Well, time to go off to get the results and look for a follow-up to this post once we know more.