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Friday, August 4, 2023

Dissecting UFT/UNITY's Dirty War Against Therapists and their chapter leader- Machinations re: OT/PT Contract Rejection have deeper implications

Unity/UFT will not willingly give up power even if the opposition wins an election. Recent events in the OT/PT contract vote controversy help make the point, but there's precedence in UFT history. Too much is at stake in that NYC Unity Caucus through sheer size control the state (NYSUT) and national (AFT) unions and are a core component of the corporate wing of the Democratic Party structure. A loss by Unity would be cataclysmic for certain forces way beyond the UFT. The current attack on the OT/PT chapter leadership is part of an overall plan to prevent insurgencies in the UFT from gaining a deep foothold, and part of a longstanding practice by Unity since its very foundation.

Is the UFT leadership anti-union by refusing to bargain?

Can an oppressive union leadership that refuses to bargain be viewed as anti-union? Well, when UFT/Unity refuses to bargain and calls for a revote on a contract that was voted down overwhelmingly, what else can you call it? I saw connections between the Starbucks fairly successful campaign to stamp out the fledgling union before it takes root as I read in an article in the NYT.
By attacking the non-Unity leadership of the chapter, Unity wants to stamp out the roots of a fledgling movement in the functional chapters where the NO vote in some units (paras for instance) was higher than ever. Signs of erosion in the functionals are an existential threat to Unity control of the UFT.

When stories sympathetic to Unity opponents hit the press, panic sets in at UFTHQ. Claudia's article appeared in The City and Chalkbeat. A few excerpts.

Concerns about salary gaps between therapists and teachers are a major source of contention, according to chapter leaders and rank-and-file members who spoke with THE CITY. The gap is considerable: by January, a therapist with a master’s degree and 10 years of experience would earn $17,463 less annually than a teacher with the same credentials and experience, Chalkbeat reported, citing UFT documents. 

“We are trying to get the city and DOE to come back to the bargaining table,” he asserted in the letter even as he highlighted demands from members for an immediate revote. 

That position puts him at odds with the therapists’ leadership: By a vote of 5-1 with one abstention last week, their executive board decided against a revote.

In a meeting with the therapists’ chapter on Wednesday afternoon, Mulgrew made repeated attempts to persuade members to give up on pursuing a stronger contract and to persuade them to join in a revote, claiming he had heard from 1,200 members who had demanded a new tally. Melissa Williams, the therapists’ chapter leader, asked Mulgrew for guidance on where and how the union’s constitution lays out rules for revotes.

Mulgrew also urged members to give up on trying to get a better deal. “The city isn’t interested in getting back to the bargaining table right now,” he said, noting that other legal maneuvers could potentially take years. “I can’t express this clear enough to all of you. We don’t have an avenue to get back to the bargaining table right now.”

Rank-and-file workers and union activists who spoke with THE CITY, however, said that union leadership should not entertain the prospect of a revote, but press on in trying to strike a better bargain with Adams.

Pursuing a revote of a certified election, Williams said, “calls into question the integrity of the entire process.

“I just feel bad for the people who took the time to vote,” she said in an interview with THE CITY. “I trusted that this vote had integrity, now I see that it’s wrong. It feels like a moral injury, to be honest.”

A revote without fresh contract talks was never entertained as an option after the chapter rejected the agreement in 2018, three chapter members and two union activists told THE CITY.

One reason for the standoff now with Mulgrew, activists say, is that the union’s constitution does not lay out a procedure for renegotiating rejected contracts. 

“The chapter voted, and the chapter voted pretty much 2-to-1 against the contract, and to go to a revote sort of negates that process,” said chapter member and DOE physical therapist Chris Griffin, who noted she’s “not a huge ‘no’ advocate.” 

Discussion of a revote “undermines that process, which was done according to established rules,” she added.

“His job is to negotiate on our behalf, not to justify the city’s stance. So I feel like he’s using that to scare us into voting yes.”

Daniel Alicea, a teacher and UFT activist, told THE CITY that the union’s leadership should convene a constitutional convention that clearly lays out a renegotiation process for rejected contracts so that “things aren’t done arbitrarily and haphazardly.”

“If we acquiesce here, this can happen in local chapter elections, it can happen in our next general election — that if they’re not happy with the result, they will find some other means.”

Friday, Aug. 4, 2023


When the OT/PT situation broke out in the press in a favorable way for the chapter leadership, it must have sent shivers down the spines of UFT/Unity leadership. And Chalkbeat reprinted, so it got double coverage. Unity can live with the blogs even if they annoy them. But reaching the media with a headline like School therapists want a better contract deal. The UFT wants them to give up is a hit and very bad PR. When a union repeatedly behaves like management, it is a hit. Remember the recent Hoffa regime in the Teamsters reversed a NO vote and eventually lost control of the union to a more militant group which last week won an historical contract. The lesson? Unity must go.

Some of my pals, more recent to the opposition, think the UFT leadership/Unity Caucus' dirty war against the elected leadership of the UFT therapist's chapter (occupational and physical - OT/PT) opened a new chapter in the Unity Caucus war against democracy in the UFT. In some ways this is true and opens the gates to call for a revote on a regular basis. Like if we got hundreds of the 25% of the teachers who voted NO on the last contract or those who never voted or who didn't even get a ballot called for a revote, would Mulgrew listen? You don't have to answer that.

I have the signatures of thousands of UFT members calling for a referendum on health care changes --- do you think Mulgrew would hear those voices? Again, you don't have to answer, but if you haven't signed yet, UFT MEMBERS FOR PREMIUM-FREE QUALITY HEALTHCARE.
 
To me and other long-haulers, the undemocratic actions of the Unity power block are of no surprise. Here is some historical analysis.
 
As an over 50 year opponent of Unity, I view their reaction to the OT/PT contract rejection as a pattern of response we see in almost all oppressive regimes, from the national to the club level. The desire to hold onto power at all costs requires a strong response to any real and perceived threat. The obsession with holding onto power in autocratic institutions often borders on paranoia. Unity Caucus/UFT, in control of the UFT since its inception, has been a model for the mantra of "hold onto power at all costs." 

Unity rarely loses, but when they do...
Now, Unity doesn't lose on levels above school chapter leaders very often, but when they do they try to coopt their opponents and if that doesn't work, try to undermine them and if a real threat, they engage in open warfare. Let me repeat, co-optation is their first move and often works. Note there are former oppo people in Unity, many with union jobs. I recently chronicled a few incidents from the past (Unity History of Trying to Cheat a Vote), including the call for a new election when the New Action Coalition's Mike Shulman shocked them by winning the high school VP election in 1985. After 15K in legal fees, Shulman gave in and agreed to a re-vote - and won by a bigger margin. How much fun would it be to see that happen if the hold an OT/PT re-vote? 
 
More pertinent was how they treated Shulman when he won the revote many months later by isolating him and focusing on making sure he would not win the next election and then by changing the rules to allow all UFT members, not just high school, to vote for VPs.
 
Another case was the repeated victory for Manhattan HS District Rep in the 90s for a decade by Bruce Markens, a known critic of Unity. I spoke to Bruce the other day and he talked about how he spent a decade as Dist Rep in isolation with even people who liked and respected him, fearing retribution from the leadership. 
 
One story: When I became CL in 1994 I went to the weekend training and hung out with Bruce and another guy who we met who had just been elected, defeating a Unity Caucus heavy hitter. The three of us had a great time. Years later he told me the story that he had hopes of getting into Unity and never realized Bruce and I were personna non-grata and he was being observed.  He said his hanging with us that weekend delayed his getting into Unity by years, till he proved his loyalty. 
 
But Norm, Unity has not protested when they continuously lose the 7 high school exec bd seats, some Unity hack will maintain. The reason is that 7 out of 100 Ex bd is an annoyance, but not an existential threat to their control, though if you read through the reports on Ed Notes, ICE and New Action, you can see a level of escalating attacks, especially on Nick Bacon based on the fear and loathing inside Unity toward a defector.

When Shulman won one of the 12 officers positions in Adcom, THAT was a threat. What a current  trigger would be, aside from the oppo winning the entire election, I can't say. If the oppo won all three divisions - elem, ms, hs - it would still only have 23 out of 100 EB seats. There are less than 70k teachers (19k HS, 12K MS, 36k elem) There are 60 thousand retirees in the RTC functional chapter and another roughly 50K in the other functional chapters, with about 27k in the para unit. Thus, the overall teacher vote is a minority. So even if Unity lost that vote, they could still control the union through the retiree, para and other functional votes. 
 
So maybe you are seeing why even the loss of a relatively small (3K) OT/PT functional chapter becomes a threat. OT/PT for a Fair Contract group that leads the chapter has been associated with the oppo United for Change. Unity wants them stamped out - in case their revolt spreads to other functional units.
 
The retiree and functional (non-teacher) chapter vote
Winning the retiree vote would be an existential threat because the winner gets 300 delegates and that would change the balance of power in the DA.  But Retiree Advocate has never gotten more than 30% of the vote. Can it close the gap and even win in next year's chapter elections? With the healthcare issue roiling the waters, it is not impossible. I can imagine the geniuses at Unity working on a plan of action for that election. Would they even allow RA to have a chance to win? Look for all sorts of shenanigans to come, including figuring out some way to break up the 60K retiree unit in a way to give them continued control. How they do that I can't imagine. But RA better be vigilant. 

The retiree chapter is lumped into the functional chapters. The other existential threat to Unity is losing control of crucial functional chapters, like the other big one, the paras. In a recent by-election to replace officers who retired, Unity pulled a bunch of stuff, including refusing to reveal details of the outcome. I wrote about the election in April:  Corruption @UFT in Para Election: Full-time patronnage jobs -- Unity is more interested in Unity than its membership.
 
Assault on Melissa Williams is part of a long-term plan
So view the assault on Melissa  in the context of the above. In the 2021 chapter election, Melissa Williams defeated the Unity Caucus chapter leader who had urged a YES vote on the 2018 contract. The chapter rebuffed him by a 2/3 NO vote. It was the first time a functional chapter in the UFT elected a majority of non-Unity on the exec bd. By her very election, Melissa had become a threat, unless she could be co-opted into Unity, which if you spend 5 minutes with Melissa, you know is impossible. Unity knew it too, so they went with their pattern: View her as the enemy and do whatever possible to undermine her and make sure she would not win the next election.
 
Unity put Middle School VP Rich Mantel as overseer of Melissa, who was forced to operate under restrictions (see Shulman case above). I saw some comments by Unity hacks that all functional chapters are under the same restrictions. But I'd bet none of the Unity CLs were in the same position as Melissa was. Again, think Shulman and Markens as models. It was clear from the very beginning of Melissa's term in office (I was hearing stories back in Sept. 2021) that the goal of Unity was to recapture the chapter and make Melissa's job more difficult.

When it came time for contract negotiations, naturally there was a committee of OT/PT people involved. - supposedly.  A major demand was for parity of pay or some progress in that direction. I don't believe the leadership had any intent on filling this demand, even if they paid lip service to it.
 
The dreaded 9th period

One thing Melissa and the chapter exec bd made clear was that the demands by the DOE to add a non-forced 9th period to the day was taboo because it would allow the DOE to cut costs by not having to hire enough people, overwork them and allow principals to pressure younger, less secure therapists into doing the extra work.

To demonstrate how much bullshit the so-called "democratic" negotiation committees were, Melissa didn't find out about the 9th period until the June 13 emergency meetings a few hours after the announcement of the contract.
 
I had to meet Melissa outside 52 Broadway at around 2:30 and she was still in shock after finding out about the 9th period a short while before. UFT/Unity leaders had totally ignored a key demand of the chapter and went along with the DOE 9th period demand, almost in spite. This was the emergency negotiating committee meeting, which was followed by the emergency Ex Bd meeting at 3, followed by the emergency DA meeting at 4. Nick Bacon was attacked viciously by Unity hacks for daring to ask to actually read the Memorandum of Agreement (MOA) and was called a liar by Mulgrew when Nick insisted it wasn't online yet (it wasn't).

On the overall contract, Unity engaged in misinformation, scare tactics and threats in a VOTE YES campaign, which worked for teachers and other units - except for the therapists, who again rejected the contract by a big margin. Imagine the shock. Now Unity had to do the work and go back to the bargaining table like they did in 2018. Or did they? They had a problem.
 
They had to prove that the NO vote was a mistake. If they went back to the table and got even a few crumbs of a better contract as they did in 2018, it would counter their threats. [What Happened in 2018 When they Rejected the contract? Leaders negotiated a new one but in 2023 calling for a Revote].

So the plan was not to go back to the table and blame the city. Of course normal unions would call the city out for not negotiating. But we are not in a normal union. In the UFT, when the leadership loses a vote and sees a way to undermine a non-Unity chapter leader, even if it takes destroying the chapter as a unit, there is another way:  Incite those who voted YES along with the other 3 members of an ill-conceived bargaining unit that included 41 supervisors of the therapists, all of whom voted YES, to call for a revote by blaming Melissa for "misleading" them. And oh, the whining from those who didn't vote - they were probably doing their hair.

Now we saw one vicious attack full of half truths and lies coming out of the anonymous Unity Caucus blob: No is Not Enough – OT/PTs Deserve Real Leadership .
 

I even used their graphic. (When's the threat coming from their lawyers Stroock and Stroock?)

Mulgrew claimed:

“I’ve never had a chapter with this many people who are adamantly against the decision of their executive board,” Mulgrew comment on the millions of OT/PT who want a revote on the contract.

This comment was laugh out loud. 

Mulgrew hasn't listened to the thousands of retirees who protested their removal from Medicare into Mulgrewcare. 

We have almost 10K sigs calling for a referendum on health care changes to our contract. We need another 10 K to at least get to the stage of demanding a vote, which of course the leadership will content. So much for listening to members.

When they are facing a threat to their hold on power, they will take things to the extreme. Observers of Unity think this revote campaign may have put them over the edge. I noticed over the weekend one prominent member of Unity has already quit the caucus. And don't forget, Nick Bacon, a prominent voice in the opposition also quit Unity two years ago over the issue of democracy. And though never in the caucus, Daniel Alicea, another prominent oppo, did support them in 2019. Whereas Unity often co-opt oppo people, we are seeing somewhat of a reversal as even retiree Unity people have been telling us they will not revote Unity. This came in to RA the other day:
Retirees are really angry,  I saw this in the UFT retiree classes that I took this past spring. People who I would never expect to badmouth Mulgrew and his crew and the undemocratic way the leadership (Unity) has been operating, were absolutely furious and clear about who was responsible for the mess we were in.
Unity and Chinese Communist Party run neck and neck for longest tenure
I've watched Unity Caucus operate for over 50 years and have witnessed a steady erosion of democracy, including increasing restrictions and manipulations of the delegate assembly, exec bd, and contracts - how they are negotiated, how they are voted on, and how we can observe vote counts. Over the decades I've seen their attempts to go after chapter leaders or delegates at schools who they felt were having an impact at the DA (me included back in the 70s). See how every oppressive governing body anywhere in the world functions at real and perceived threats. Being in power since the early 60s makes them one of the longest running power blocks in current history, second to the Chinese Communist Party which came to power in 1949. But even in China, we've seen more churn than in Unity over the decades (4 UFT presidents since 1964). China even had a form of term limits for the leadership, until the current leader, who must have been jealous of the way Unity has kept control over 60 years. 

Would-be oppressors around the world should come to 52 Broadway to learn how to maintain control.

Some further reading

Nick compares the recent nurses' victory in breaking the pattern with the OT/PT demands for parity with pedagogues: A Union Finally Beats the Pattern. Plus a few more of his recent posts at New Action.

A few comments:
“Why did I vote in the first place if my vote won’t count because some people are upset with the results? I will never vote again if they are allowed to overturn an election.
This is ridiculous! This was certified by arbitration.” ...OT/PT therapist
While Mulgrew readily admits to his fiduciary responsibility to represent the OT/PT bargaining unit, likely due to his legal need to do so, he conveys in every other respect that he has no intention of getting the job done.... Nick Bacon, HS Ex Bd, UFC/NewAction

Dangerous precedent set: Is it time for the 25% teachers who voted NO on the teacher contract to demand a revote due to rushed vote, botched mailings, schools whose lost votes were never counted - (known oppo schools "lost" in the mail?), Unity propaganda campaign with misinformation on contract, etc.?

Important Support needed for OTPT For A FAIR Contract - UFC

Unity History of Trying to Cheat a Vote, Mulgrew to OT/PTs: "Everyone loooooves democracy until I don't get my way?" - EONYC 

In the 1985 UFT election, New Action Coalition of 3 caucuses (TAC, New Directions, Coalition of School Workers) high school candidate Michael Shulman won the election over Unity George Altomare who had occupied that position since the inception of the UFT by getting the majority of high school teacher votes. (At that time in UFT divisional VP elections only the teachers in that division voted, not the entire membership). Unity protested the election and called for a revote over some trivial matter and forced NAC into a court case that ultimately cost them $15,000. As the costs mounted, NAC relented and agreed to a revote - note the comparison to what Unity is trying to do with the PT/OT - it's part of their playbook).

The good news was that Shulman won by a much bigger margin. The bad news is that Unity had refused to let him take office as the elected HS rep for 6 months or more, held ADCOM meetings without him and we can just imagine the other crap to undermine him and thus he never had the opportunity to fully engage in the job. (Similar stuff has been done to the OT/PT CL). Then he narrowly lost the next election. 
 
The even more bad news: Unity decided to never let this situation arise again and in 1994 changed the constitution to in effect disenfranchise the high school (and other divisions) by taking their right to chose their VP away by alllowing the entire UFT, including retirees, to vote for their VPs. Consider the 2016 and 2022 UFT elections where James Eterno and Jonathan Halabi respectively got more votes for VP out of the high schools than Janella Hinds, who occupies the position.

To remind you attacks on opposition are not new, here is James Eterno -  June 2007 - ICE Blog, and the comments where I share my bleak view of the UFT and its future - 16 years ago:

For the last two months, we have arrived at Delegate Assembly meetings and received Unity Caucus literature attacking ICE. What's going on here? The election results were counted in March. Why the non stop smear campaign?... - Memo to Unity Caucus:


Wednesday, July 26, 2023

Retiree Advoate Newsletter - UFC Statement of Support for OTs/PTs, Nurses, and Audiologists: UFT Must Return Back to the Negotiating Table

 


                                                       July 27, 2023

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Thursday, July 20, 2023

Unity History of Trying to Cheat a Vote, Mulgrew to OT/PTs: "Everyone loooooves democracy until I don't get my way?" - EONYC

How far will Mulgrew and Unity go out of their way to trample on our collective decisions by attempting to reverse this legal and valid contract ratification vote by using intimidation and coordinating a minority within the unit to get a revote with the results they desire?  Is there an orchestrated attempt by UFT leadership to reverse the OT/PT bargaining unit's ratification vote which turned down their proposed contract with the City? DUHHHHH! 

I've been following the attempt to discredit the non-Unity Chapter Leader of the OT/PT chapter, blaming her for the rejection of the contract, despite the fact they also rejected the 2018 contract with an even larger % vote despite the OT/PT chapter being under the total control of a Unity chapter leader and Exec Bd, all of whom recommended ratification. I've read some of the Unity backed communications that would make your eyes pop out but am not at liberty to share - yet. Some of the most outrageous are anonymous. So how do we know they are from Unity? Double DUHHHHHHHH!

When some of these communications from union officials and their minions are shared publicly -- well, the fun will begin. But first .....

 
I've been working on a few posts on the situation, but a lot of what I wanted to report is included in thie EONYC post to The Wire. In a recent post I went back to the 2018 contract which OT/PT rejected and ask people to compare how the leadership reacted when they didn't have a non-Unity CL to blame. 
I'm shocked there's gambling or Unity will try to negate results they don't like

But first I want to add the historical notes on how Unity has operated over the decades when faced with losses. They try to negate votes and/or change rules.

Monday, July 10, 2023

UFT Teacher Contract Passes 75-25, OT/PT, nurses, audiologists vote NO -

.... teachers overwhelmingly voted to ratify – albeit with a much smaller ‘yes’ margin (under 75%) than in 2018 (87%) and a smaller margin than 2014 (77%)..... Nick Notes at NAC...

 

Monday, July 10, 2023

I'm going to get to the healthcare news with another rally coming on Thursday. But the breaking news is the contract vote. 

As we reported earlier today with this account of the vote count. UFT Contract Vote Count: Report from the Front Lines - Judi C. the UFT released the outcomes of the contract vote. We were watching some ballots pass through the machines on Thursday and made rough estimates of 70-75%. We used batch counting where I counted yes votes up to 30 and someone else counted No votes and we saw numbers like 30-12 which gave us a clue. Despite being not happy with the way were kept from observing, we knew that it wasn't going to be close enough to raise any issues at this time but we want to ensure better observation in the future. We expect to hold a follow-up meeting to make recommendations since I have no doubt that if an important election looked close, Unity is not to be trusted. Think LukaMulgrew in Belarus.

There are multiple contracts and as they did last time, the OT/PT/Nurses voted no again. Here are some comments on Nick's post:

Teresa Maher July 10, 2023 at 1:33 pm

Please cover the story of why OT/PT’s and nurses voted down the contract. During COVID, nurses were in the field working long and late hours. OT/PT’s were live remotely way before teachers who just posted work in the google classrooms. PT’s are not compensated for their doctorate degrees. The DOE gets back millions for our services through the , but also fails to collect millions due to not following policy requirements. We still get a 30 min lunch and no sabbaticals……

  • BaconUFT July 10, 2023 at 1:36 pm

    Absolutely, and I’ve seen a copy of the email UFT leadership sent to you all following the no vote. It looks like they’re blaming you, not recognizing that you voted no because you deserve better.


And here is the email sent to the chapter by the UFT, where Rich Mantel has regrets they voted down the contract, an act of militancy that should be celebrated:



I regret to inform you that the contract covering occupational and physical therapists, school nurses, audiologists and supervisors of nurses and therapists was the only DOE-UFT contract not ratified.

While we talk about one tentative contract agreement, it is, in fact, an amalgam of more than 12 separate contracts. The ratification of each contract requires the approval of more than 50% of the votes cast by members of that bargaining unit. Overall, three-quarters of the nearly 96,000 UFT members who cast ballots voted "yes" on the tentative agreement, according to the tally by the independent American Arbitration Association. But your contract was voted down by a vote of 1,129 against and 782 in favor.

As a result, all the new contractual benefits, including the pay increases and the $3,000 ratification bonus, will not be available for the therapists, school nurses, audiologists and supervisors of nurses and therapists covered by this contract. You will continue to work under the terms of the previous contract.

We will hold a virtual meeting for occupational and physical therapists, school nurses, audiologists and supervisors of nurses and therapists on Thursday, July 13, at 3 p.m., to discuss next steps in the difficult road ahead. You will receive an email invitation to register. We encourage you to attend. Sincerely,

Richard Mantell
UFT Vice President

There is almost glee in announcing they won't get the bonuses. Will the UFT drag its feet to teach them a lesson? Remember, Melissa Williams from the oppo was elected CL two years ago and Unity is not happy. With an election next year they may try to place blame for the vote --- but hell, this is a pretty big number and shows support for Melissa's fight with the leadership for better contracts.


Closing with Nick's comment:

while a number of irregularities characterized the voting/mailing process, thus prompting the High School Executive Board to pre-emptively seek out chapter-specific data, the surprising turnout numbers and margin of ‘victory’ were enough to suggest that the results (ratification) would not have been different. UFC affiliates were also present during day-time portions of the count to observe what they could of the process, but didn’t see any concrete malfeasance resembling what DC37 officials were caught doing to rig a ratification vote back in the 90s.

This contract, despite its faults, is now our contract. Indeed, it will be for some time.

 

Saturday, July 8, 2023

Retiree Advocate Newsletter: Good News on UFT Retiree Healthcare: Judge Frank Grants TRO for Switch to MAP

I was going to post on some of these issues, so this is welcome relief from doing the work. Thanks RA. I will be back later today with more on the healthcare issue and the mystery of the missing contract outcome, probably buried in the catacombs.

 

                                                       July, 2023

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Nick Bacon, New Action Caucus, July 7

Today, Judge Lyle Frank
granted a TRO (temporary restraining Order) which will temporarily halt the City and the MLC from switching all retirees from GHI SeniorCare to a for-profit Aetna Medicare Advantage Plan. While the case is far from over, this is a very good omen. These excerpts in particular bode well:  

“First, the Court finds that the petitioners have shown by clear and convincing evidence that there is a likelihood of success on the merits. The Court agrees that it is likely that this Court will ultimately find that the respondents are estopped from switching retirees into a Medicare Advantage Plan and that New York City Administrative Code section 12-126 does not permit the action that the City plans to take….The petitioners have shown that numerous promises were made by the City to then New York City employees and future retirees that they would receive a Medicare supplemental plan when they retired, and that their first level of coverage once that retired would by Medicare.”

Make no mistake: the timing of this TRO decision alongside a new contract that is almost sure to be ratified within the next several days is meaningful. Mulgrew’s nightmare scenario of a ratified contract followed by the necessity of making major negative changes to in-service health care plans now seems more likely and more imminent than it did before. Mulgrew, after all, will still need to find savings to pay back the City for promised healthcare spending reductions. Now, however, he will have to pillage elsewhere than our retiree coverage. For those next steps, we must wait and see; against those next steps, we must be ready to fight.

For more from the New Action / UFT Blog, check out the website here.


More information

From the PSC
 The decision temporarily enjoins the City, until further order of the court, from requiring any City retirees and their dependents from being removed from their current health insurance plans and from being required to either enroll in an Aetna MA Plan or seek their own coverage.  The court said they plaintiffs met the standards for winning a preliminary injunction, as 1) they have a likelihood of succeeding on the merits of their first cause of action, which alleges the city made a  promise of future Medicare benefits that retirees relied on "to their detriment" (making a decision based on that promise that concretely affects them, such as not taking another job), 2) there would be "irreparable harm" if they have to wait to complete litigation before receiving a court decision, and 3) the "balance of equities" (is the harm greater from granting or not granting an injunction?) favor the plaintiffs.
 
It can be difficult to appeal from the issuance of an injunction, as normally appeals are heard only from final decisions. Nevertheless, it's fair to assume the City will appeal. Meanwhile, the judge will begin a process in which he requires the City to provide evidence that satisfies him that, for example, retirees won't be denied coverage/treatment they would have received under Medicare.


More from the NYC Organization of Public Service Retirees.  Please note that the good news is only temporary in that:
There will be subsequent hearings in court to determine if the Temporary Restraining Order should become "permanent" or if it should be lifted, and if so, on what basis;

The City still has pending before the state Court of Appeals the appeal it filed on last year's case (which had said that the City does have the right to offer the Medicare Advantage Plan (the one it had offered before) but that the City has no right to auto enroll us or to make us pay for our already-existing Medigap plan).  We do not yet know what the status of that Court of Appeals case is - whether the Court will allow it to continue, or dismiss it or what.

The City still has an appeal pending on the 'co-pay' case.
We still need the City Council to pass Int. 1099-2023 so that we can permanently secure our rights to our existing health insurance benefits without having to go back and forth to court - a very unaffordable and time/labor-intensive process.

So the organization has asked that we continue to donate (details below) for the mounting legal expenses and try to get our friends and others impacted by the City retiree health insurance rules and policies to do the same.

TO DONATE, HERE ARE SEVERAL SIMPLE WAYS!

1.  Make Your Check or Money Order payable to 
    
 
NYC Organization of Public Service Retirees 
     Mail to:
NYC Organization of Public Service Retirees 
c/o JSH Accounting Services, LLC        
PO Box 143538       
Fayetteville, GA 30214


For your convenience, you can set-up AutoPay with your banking institution so that you can determine an amount and date to have funds automatically transferred.

2.   PayPal (Click to link to their Secure Site, a PayPal Account is not required.  The organization is charged a fee) 

3.   ZELLE: (Go to Your "On-Line" Banking Website) Locate the ZELLE service & use our email:
      NYCOrgofpublicserviceretirees@gmail.com    
Check with your Bank to understand how ZELLE works. It's usually a service on their website.  When you locate and fill out the form and you are asked for the email or phone number, use the email address, above. Make sure it's correct! No phone number is required. The next time you use Zelle, the email should pop into that field.  You can check your bank account to make  sure the transaction went through. It's Quick & Easy

4.   VENMO: We Now Accept Donations via VENMO (The Organization is charged a fee.
VENMO is a Phone App or can be used on a PC or Tablet.
You can download and install the Phone App from the Android Play Store or Apple App Store. Please follow the instructions to Sign Up. Please read and understand how VENMO works before you donate! There may be fees involved using this method.

Our ID is: @NYCRetirees2
Here is a quick Venmo  Tutorial:


Why do we need a petition to request a member-wide referendum to vote on healthcare changes?  


According to the UFT Constitution, members can demand a member-wide referendum vote on any issue other than a constitutional amendment or actions on the status of an individual member.  First, ten percent of the membership must petition the UFT executive board for a referendum, and then the executive board must bring the matter to the entire body for a member-wide vote.  Given the serious nature of the healthcare changes that have been made without member input or democratic decision-making, we must take this matter into our own hands.

So sign this petition today. We deserve a say on healthcare.

Quick Facts
  • Mulgrew voted in the Municipal Labor Committee (MLC) to force retired City workers off of traditional Medicare and onto an Aetna-managed Medicare Advantage Plan (MAP). Despite knowing full well that there was significant opposition, Mulgrew denied membership the right to vote directly. 
  • Major changes to our healthcare were made as part of our citywide contracts in 2014, and again in 2018.  Mulgrew was instrumental in negotiating both. In the last healthcare agreement, in 2018, he agreed to $600 million dollars in healthcare savings for the City for every year, in perpetuity. These changes and agreements were negotiated behind closed doors without member input. UFT chapter leaders and delegates were not given Appendix A to read beforehand which delineated the healthcare concessions when they voted in support of our 2018 contract.  
  • UFT Leadership is currently working on a mysterious new health plan for in-service members that would replace GHI with something cheaper. As of now, membership will not have a say in this decision either, or given meaningful details about our potential options.
  • Even without switching us off of GHI, UFT leadership has greenlit various new, significant healthcare expenses for in-service members without a membership vote. 
For instance:
  • ER visits now cost us triple digit copays, which are waived only if a patient is admitted, even if they are deemed to need emergency care. 
  • Copays for most urgent care centers (including CityMD) have also risen to triple digits, from $15 to $100, since 2016.
  • Major providers, such as CityMD, Montefiore, and almost all radiology centers, are no longer ‘preferred,’ leading to higher copays.
  • Despite many healthcare expenses more than doubling, UFT leadership has not fought for fair increases in pay. Because we did not even attempt to stop DC37 from accepting a sub-inflation wage increase, UFT members will not only be seeing higher health costs – they’ll be taking a pay cut
Want More Answers?

From the PSC.  A very thorough list of questions and answers
Medicare Rights- Medicare Interactive
Choosing a Medigap Policy - 2023 Medicare

Consumer reports choosing a drug plan
UFT Retiree Health Care Update May 16
Advocacy and phone counselors from Medicare Rights

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