Incompetent Principal Ben Sherman: Forest Hills HS Teachers Issue Declaration of Independence

Teachers from Forest Hills HS have touched base with James Eterno and Mike Schirtzer, who forwarded this to Ed Notes.

Email sent to various UFT Ex Bd members:

I am a union member at Forest Hills High School in Queens. We are presently locked in a pitched battle with our new Principal, Ben Sherman. He is clearly intent on destroying both a Blue Ribbon school and a very active union. We all looked upon his appointment with dread after reading about his horrible relationship with the union at his previous school, East West HS. He actually drove the chapter leader out. Rumor has it that he has a scandalous background with many allegations from teachers and students that have been covered up.

In our school, our chapter chair is now under assault and everyone who has complained has been subjected to punitive observations. The man is deranged and if the union is worth anything, they need to rise to the challenge. Come interview us and talk to us. You will find many people who are receptive, if you will protect your sources. The school SBO, was just rejected last week 116-100 and the Principal has already threatened a punitive schedule for next year. SBOs are almost never rejected. Most of the No votes were indictments on his leadership and many decided to accept personal hardship to make a statement. People are risking their careers to save this school and stand up for each other and you need to do something. Please contact me for any needed information.

Sincerely,

A very angry union member

Yet another out of control principal, Ben Sherman. They are cloning them - this story is so similar to the Art and Design and Port Richmond HS stories and other schools reporting but haven't yet been able to organize resistance. The UFT/Unity response has been pathetic. Hopefully some of the Forest Hills HS people will go to the UFT Ex Bd to raise the issue tonight.

While I don't know for sure, look for the hand of Queens HS Supt. Juan Mendez. Chaz wrote about him in 2016:

Chaz's School Daze: Why Is Juan Mendez Still A Superintendent?

chaz11.blogspot.com/2016/06/why-is-juan-mendez-still-superintendent.html

Jun 11, 2016 - One of these Superintendents was Juan Mendez who took over for one of ... to select and protect "bad principals" in the Queens High Schools.

From the teachers of Forest Hills HS:

Declaration of Independence to highlight our grievances.

The brief history of the present PRINCIPAL OF FOREST HILLS HIGH SCHOOL is a history of repeated injuries, all having in direct object the establishment of an absolute Tyranny over the School. To prove this, let Facts be submitted to a candid world.

He has taken a school with multiple A ratings and attempted to humiliate in the following, numerous ways its hard-working staff.

He has deprived Deans, math teachers and E.L.L. teachers of their much-needed workspace, attempting to cram them into already over-utilized rooms in a most crass and uncaring manner, proclaiming, “it is not a democratic process.”

He has threatened to “flip” teachers’ schedules without any understanding about the necessity of having the staff matched to best meet the needs of the students.

He has mishandled a lockdown on March 15, 2018, dubbed a “limited passing,” which had students crying in their classrooms, teachers trying to comfort them, and parents terribly worried, all while he was holed up in his conference room.

He has let the hallways of the building go to ruin, turning his back on disturbances, while attempting to micromanage teachers in their classrooms.

He has made it known he will put teachers in hallways, disciplining students with little-to-no power and/or backup.

He has left student bathrooms unlocked and unsupervised, creating unsafe conditions in which lewd acts, vaping and intimidation can occur.

He has reduced Circular 6 choices to only seven, with the seeming intent to force more teachers to take on a sixth-class, gratis (“small group instruction”) and peddle substandard pathways to graduation (“eight to one credit recovery”).

He has needlessly, through the reduction of C6 choices, deprived students of the opportunity to expand their social and intellectual horizons by participating in a wider array of clubs during school hours.

He has, similarly, through the reduction of C6 choices, deprived students of the ability to receive beneficial tutoring during their free periods.

He has targeted teachers who have raised valid objections to current policies with gratuitous observations immediately following their comments.

He has attempted to intimidate teachers in a vindictive manner based on non-evaluative Student Perception Surveys given to a single class.

He has encouraged teachers who raise concerns to retire from the profession.

He has attempted to win his way with threat of punitive measures, including a non-SBO day ending at 4:51 p.m.

He has put letters in file for trivial matters, including the entering of his office without an appointment.

He has attempted to force teachers to adopt teaching styles more fit for elementary school than for college readiness, namely “Word Walls” and “Turn and Talk.”

He has forced his propaganda, “Happenings in the Hills,” upon teachers, informing them of his “expectations,” some of which are noncontractual in nature, while depriving teachers of any voice in their school.

He has encouraged teachers to dispense with paper records in the name of using programs with data that can suddenly disappear or even be manipulated.

He has forced teachers to rely on Skedula, a system known to have many glitches, as the last legal word for attendance for New York State.

He has made it known that teachers will be forced to adopt a grading policy through which students can come as late as they want to class and turn in late work with little to no penalty.

He has targeted the school’s Chapter Leader and attempted to impair the functioning of the Union.

He has applied questionable measures in the collection of lunch forms on a relentless pursuit of Title-One Funding.

He has and continues to place false and misleading data numbers above the well-being of the school and the college readiness of students.

He has forced teachers to stay beyond their workday (and, next year, arrive earlier) to move their time card on the premise that he is concerned with their health.

He has created conditions of stress in the building which are detrimental to the functioning of a healthy school community.

He had forbidden teachers to leave the building on Conference days for professional development opportunities, claiming that only his meetings (practically the same offerings as last time) are “relevant.”

He has made it impossible for the Consultative Council to meet between the November and March meetings and now encourages it, with the intent to readily dismiss the viewpoints of its constituents.

He has blocked traditionally held UFT meetings following Faculty meetings on the premise that “I have one contract, you have another.”

He has made the workplace no longer a welcoming environment.

He has charged the staff with Anti-Semitism based on a picture used by a Jewish blogger in an article which named him as one of the most untrustworthy City Principals, as rated by the teachers at the school he founded, East-West.

He has threatened the peace and concord of the home of two-hundred teachers and their young charges.

Given this long list of abuses, We, the teachers of Forest Hills High School, mutually pledge to each other our fortunes and our Sacred Honor. We pledge to stand together in defense of the interests of our students, the traditions of Forest Hills High School and the careers and dignity of our colleagues.

Afterburn: Links to articles

Forest Hills teachers angered over secrecy

Process to find the next principal is ‘disgusting,’ two educators say --- Feb. 9, 2017 - http://www.qchron.com/editions/central/forest-hills-teachers-angered-over-secrecy/article_46f93756-7422-52f8-ba7a-f5c9448d0833.html

 

Yoga, Gardening, Reading, Writing and Theater: Seeking Escape Velocity From Union Politiics

Sunday, June 3


I'm trying to re-order some of my priorities as an alt from union activities.

This post is about that attempt. If you don't give a crap skip this.

Adult Ed Superintendent Rose Marie Mills targeted veteran teachers over age and they sue - UFT Mum

At an Ex Bd meeting, an adult ed teacher used her 2-minute open mic period to call attention to a consultation meeting she attended where Rose-Marie Mills castigated and humiliated her. Sitting silently was the UFT District Rep Patty Crispino sat there silently and did not stand up for the teacher.

That was a clue to how the UFT leadership has responded to the repeated complaints from Adult Ed teachers and have allowed Mills to engage in abusive behavior.

Sue Edelman has another one of her Sunday specials exposing supervisor abuse in the NY Post, this time about one of the major DOE slugs, Adult Ed Superintendent Rose-Marie Mills, vicious and despicable, who has been allowed to purge teachers while the UFT leadership sits on its hands. I know, I know -- they brought it up in consultation and then throw their hands up.

Ed Notes has reported on Adult Ed for years. Here are a few from this past year:

• Councilman Danny Dromm Hearing on Adult Ed Issues 
• First UFT Ex Bd Meeting of Year - A Stephen King Horror Movie
• Adult Education Teacher to UFT Exec Bd

One of our long-time pals, Roberta Pikser, who attends most of our pre-Ex bd meetings in the back of the lobby of the UFT, lost her job a year ago in the purge and the UFT has done precious little to help people get their jobs back. At one of the UFT Ex Bd meetings, a retired adult ed chapter leader castigated the leadership for lack of action, but when I asked if I could publish her speech she declined, saying she wanted to work behind the scenes with the leadership. Good luck to that.

Arthur has a post on this today - Another Day, Another Abusive Administrator -

Fired adult ed. teacher Roberta Pikser has been coming fairly regularly to Executive Board meetings. I've gotten to hear a lot about this firsthand. A lot of what I hear seems outright scandalous, so was pretty happy to read about it today in the Post. They say sunlight is the best disinfectant, and this particular branch of the Department of Education seems infected to the core.

UFT is an enabler of abusive principals
I also think the UFT/Unity leadership also seems infected to the core - with a defeatist non-militant approach to the slugs running so many districts and schools. The NY Teacher should be loaded with stories as should UFT social media.

I believe that every principal has to live in fear of a UFT reaction -- and also the CSA must know that they will not have a cozy relationship with the UFT.

A comment on the suit:

And our union emphatically told the chapter that an age discrimination lawsuit was a waste of time and not a good strategy. And here a small group of determined teachers have filed a legit suit and it has garnered attention in two newspapers!

BRAVO! 

Note that de Blasio did his political attack on the NY Post claiming he hopes it will disappear --- maybe because of stories like this.

Superintendent targeted veteran teachers over age: suit

By Susan Edelman

June 2, 2018

June 19 - I'm a Skinny: Honored to be honored by Leonie Haimson along with the Great Danny Dromm and Fred Smith

Hey folks -- here is your chance to see me be Skinny - and to contribute to the amazing work Leonie Haimson does for all of us.

And I can't think of better people to be honored with than Danny Dromm and Fred Smith. And the anticipation of the mystery honoree. Past award winners have been James Eterno, Arthur Goldstein, Julie Cavanagh, Diane Ravitch, Patrick Sullivan and so many others.

Last year our pals from CPE1 were honored. It was a wonderful evening and I'm thrilled to be included this year. 

Former teacher Danny Dromm has been a force for change on the city council. 

 

And Fred Smith -- who has done so much work for the opt-out movement. I remember hearing from Fred about 10 years ago, asking to come to an ICEUFT meeting to talk about the tests and trying to enlist people. Fred was there when GEM took positions on testing and was one of the founders of Change the Stakes. His research has been crucial. And let's not forget his other job as a statistician for the NY Jets, which and turn out to be more frustrating than dealing with the DOE.

Ten years of skinny awards and a way for Leonie to continue her amazing work. So even if you can't come, consider contributing to class size matters.

I've attended very one of Leonie's Skinny (Not (Eli) BROAD) Awards. It is always the most fun events of the year where the major people battling ed deform gather -- sshhhhhhh - don't tell or they will drop a bunker bomb on us.

Even my wife, who should be sick of ed talk after almost 50 years of it, wants to go.

If any of you Ed Notes readers are going let me know at normsco@gmail.com.

From Leonie's announcement.

Please reserve your seat now for our Annual Skinny Award dinner on Tuesday June 19. We will be honoring four tremendous individuals who have given us the "real skinny" on NYC public schools:

• Council Member Danny Dromm, Chair of the Finance Committee & former Education Chair

• Norm Scott, retired teacher and blogger/videographer extraordinaire

• Fred Smith, testing expert and critic

• And a surprise honoree who will be announced at the event!

Join us on June 19, 2018 at 6 PM at Casa La Femme, 140 Charles St. in Greenwich Village, for a delicious three course meal with a glass of wine and great company! 


This is always one of the most joyous events of the year, where we celebrate our victories and gain strength for the challenges to come. Buy your tickets today.  


Even if you can't make it, please consider making a contribution at the above link in honor of these terrific awardees, and to support our work going forward. 
 

2. Starting on June 8, the State Education Department will hold hearings on student privacy, to hear from parents how they would like their children's sensitive data to be protected and what an expanded Parents Bill of Privacy Rights should include. NYC DOE chronically violates student privacy by making children's contact information available to charter schools without parental consent. Also, contrary to state law, the DOE does not post the current Parents Bill of Privacy Rights on its website nor does it include it in the contracts it signs with vendors when they are provided access to personal student information. The full schedule of hearings is here, starting on June 8 in the Bronx, June 11 in Brooklyn, June 12 in Manhattan and June 18 in Queens. Here are some additional talking points you can use in your testimony.

Hope to see you at the Skinnies, and thanks! Leonie 
 
Leonie Haimson
Executive Director
Class Size Matters
124 Waverly Pl.
New York, NY 10011

The Battle for Paradise: Resisting Disaster Capitalism in Puerto Rico - June 6

Some of our pals in the FMPR are coming to town. That is my anniversary - 47 years - and we have some plans so I won't be able to make this but anyone with interest should try. Pre-register - the Great Hall at Cooper Union is historic - it is where Lincoln gave his major speech on slavery that propelled him to the presidency.

And Naomi Klein moderating is a biggie.

The Battle for Paradise: Resisting Disaster Capitalism in Puerto Rico

On Wednesday, June 6, Naomi Klein will moderate a panel at Cooper Union on  Disaster Capitalism in Puerto Rico and its Resistance.   Our teacher friends from the FMPR ,Edwin L Morales Laboy and Ana Guzmán-González  (both sit on the executive board) will be there. Discussion on how a radical, resilient vision for Puerto Rico's post-Maria recovery struggles against shock politics and disaster capitalism.

Support our brothers and sisters who are fighting for their students and communities as schools on the island are being closed, and teachers and students are being attack.

Attend the event and share the info widely.

Pre- registration suggested.

https://cooper.edu/events-and-exhibitions/events/battle-paradise-resisting-disaster-capitalism-puerto-rico

NYSAPE Parents Demand the NY Legislature Repeal the Education Transformation Act & APPR; Stop Playing Political Games with Our Children’s Education

Be sure to read this and spread the word. This bill is a sham!

New York State Allies for Public Education - NYSAPE
Parents Demand the NY Legislature Repeal the Education Transformation Act and APPR; Stop Playing Political Games with Our Children’s Education

FOR IMMEDIATE RELEASE: May 30, 2018
More information contact:
Lisa Rudley; nys.allies@gmail.com
Jeanette Deutermann; nys.allies@gmail.com
NY State Allies for Public Education - NYSAPE

Parents Demand the NY Legislature Repeal the Education Transformation Act & APPR; Stop Playing Political Games with Our Children’s Education

NY State Allies for Public Education, a coalition of over 50 parent and educator groups active across the state, vehemently opposes the new teacher evaluation bill, passed by the NYS Assembly and now being considered by the NY Senate as S08301. This bill would change the teacher evaluation system in the state for the fourth time since 2010. This bill, like the current evaluation system, fails the most important measure, it does absolutely nothing to alleviate the impact a test-and-punish system has had on our children.

Contrary to the claims of some of its supporters, a careful reading of the bill indicates that it continues to link teacher evaluations to growth scores, using either state standardized exams or alternative assessments approved by the State Education Commissioner. The bill also leaves the controversial HEDI rubric and corresponding weights in place.

NYSAPE recognizes that the American Statistical Association and the National Science Foundation have concluded that rating teachers based on student growth scores yields statistically invalid and flawed results.

Jeanette Deutermann, a co-founder of NYSAPE and leader of Long Island Opt Out, said “Backroom deals and political leveraging have resulted in an Assembly and Senate bill that purposely fails to decouple test scores from the teacher evaluation system, fails to reverse the destructive receivership law, fails to remove the arbitrary and capricious growth model, and leaves room for grade 3-8 state assessments to once again be used in our evaluation system. Teachers and students deserve a bill that reverses the destruction caused by the Education Transformation Act.”

NYSAPE shares the concerns of the New York State School Boards Association and the New York Council of School Superintendents that this bill, if passed, could mean even more testing.  If districts decide to tie teacher ratings to student scores on alternative assessments, those assessments would come in addition to the annual state tests that are required by federal law.

Education historian Diane Ravitch points out, “The current teacher evaluation law (APPR) was passed to make New York eligible for federal funding from the Race to the Top program in 2010. Under this law, 97% of teachers in the state were rated either effective or highly effective. The law is ineffective. It should be wholly repealed, rather than amended as proposed. Let the state continue setting high standards for teachers and let local districts design their own evaluation plans, without requiring that they be tied to any sort of student test scores.”

“The entire idea of basing teacher evaluations on student growth is a farce. Districts will create new metrics that are just as unreliable and invalid as the grade 3-8 test scores. It is time that politicians cease meddling in matters they do not understand and return teacher and principal evaluation back to professionals and elected school boards,” said Carol Burris, the Executive Director of the Network for Public Education and a former New York State High School Principal of the Year.

“The worst outcome would be if this faulty bill passed in exchange for more concessions to charter schools, either increasing their funding or raising the charter cap.  Already charter schools in NYC are given preferable treatment in being able to claim free space at the city’s expense, when more than half a million of our public school students are crammed into overcrowded schools, with no hope of relief,” said Leonie Haimson, Executive Director of Class Size Matters.

Parents and educators have been demanding for a long-time that the APPR system be entirely repealed so districts can design their own evaluation plans untied to student test scores.  It’s time Albany stands up for children and stops playing political games with their education.

NYSAPE is a grassroots coalition with over 50 parent and educator groups across the state.
 

VOTE Retiree Advocate: Current UFT Retiree Chapter Election Will Add 300 Unity Caucus Members to the Delegate Assembly

Once every 3 years, in the retiree chapter elections, the slate running against Unity gets to send out a piece of lit to the roughly 60,000 retirees.

If you are a retiree and haven't returned your ballot, consider voting for our slate. I'm running on the RA/MORE/New Action slate with

a bunch of great candidates and a great platform against Unity in the current retiree elections.

The almost 60,000 member retiree chapter is a means of control over the union by Unity Caucus - they vote in general UFT elections every 3 years (next one is 2019), although a pro-rated vote, but thus guaranteeing Unity's election.

I've always considered the chapter elections more important than the general election (taking place next year) in terms of control because control is crucial of the Delegate Assembly (consisting of every CL plus at least one delegate from each school and a 60:1 ration for a 2nd delegate - meaning you need over 120 members for a 2nd delegate. And this is only teachers, since functional chapters elect their own chapter leaders and delegates -- Unity control of these functional chapters with almost 40,000 members, in addition to 60,000 retirees is another key to control).

So, just as important in Unity control is the retiree chapter election currently taking place retirees get 300 seats to the DA (this was capped at one point because currently that would allow them 600 seats, which would be a joke given that about 800 people at max attend a DA -- probably much less. Unity has problems even filling the 300 seats - and not all of them come every time -- unless there is a big voting issue and they pack the place - often holding a Unity Caucus meeting afterwards - with food. (My main attraction if I ever wanted to join Unity.)

It's funny that MORE is in the name of the slate when the retirees who have been involved also come from the ICEUFT wing of MORE, people who have been asked to leave MORE by one particular faction. Since the only retirees in MORE are also associated with ICEUFT we will see where this takes us in the future.

I must say that I've enjoyed working with the people from Retiree Advocate and New Action and my colleagues Gloria and Lisa from MORE and ICEUFT.

We had many years of conflict while NA was working with Unity so it is nice to work once again with people of our generation who have lived through decades of UFT history and have some of the same understandings we have. I'm looking forward to future endeavors even though on the whole I believe trying to organize opposition voices in the retiree chapter cannot have much of an impact in terms of control of the UFT. But since there is not much going on in terms of opposition to Unity at this point, working with compatible people politically is satisfying.
Here is the email sent out to the candidates:

Greetings Candidates

Thank you for taking a stand and running as a candidate on the Retiree Advocate/MORE/NA Slate in the UFT Retired Teachers Chapter Elections!

The ballots should be arriving in mailboxes any day now. We ask everyone to contact all the UFT Retirees that you know and encourage them to vote our entire slate. Attached is a flyer that you can send to friends, families, colleagues, anyone that might know UFT Retirees.

It’s important to send a message to the UNITY caucus to let them know that we are not content with continuing the status quo. Retiree Advocate is committed to increasing rank and file democracy in our union. It’s time for our union to fight back with gusto against the forces that are trying to destroy what’s left of the labor movement in this country. The door knocking campaign is a good start but so much more is needed:

· Stronger protections for our working sisters and brothers,

· Preservation and improvement of our medical, dental and prescription drug benefits

· Political campaigns that arise from the rank-and-file as opposed to decisions made by the AdCom

· Stronger defense of our public schools and a more active role against privatization- No More Charters!

· And so much more………….

So even before you get your ballot, start campaigning and do what you can to get out the vote for Retiree Advocate/MORE/NA.

We will be in touch after the election and hope that everyone will join the caucus.

In solidarity,

The Retiree Advocate Executive Board

Gloria Brandman
Lisa North
Peter Bronson
Gregory DeSteffano
Robert Greenberg
Mike Shulman
Norm Scott

And a piece I wrote that appears on the back of the campaign lit sent out:

Our Lifelong Work Has Been Disparaged, Degraded, Marginalized and De-Professionalized

UFT retirees spent their lives in public service working with public school children. While things in the NYC school system were never perfect, many of us left with a sense of self-respect for a job well done.

So it has been sad to watch over the past two decades as our profession has come under assault from many directions. The major blame for the failures of the system has fallen on teachers, not incompetent supervisors put in place by their supervisors, often with bad intentions to put pressure on the higher priced teachers to get them out of the system. The “bad” teacher wrap has been used against all teachers.  Recent teacher protests in right-to-work states are only the head of the spear of massive teacher dissatisfaction nationwide over the disrespect, the false measuring from invalid tests, the labeling schools as failing, and attempts to connect invalid tests to teacher ratings and compensation. Our union leadership has not done an effective job of pushing back against this onslaught.

Under Bloomberg, over 150 schools were closed down, including most of the comprehensive high schools, with teachers instead of being placed by seniority which was done before the 2005 contract, being forced into an open market that was not very welcoming to those coming from schools branded as failing. Joel Klein’s implementation of the fair school funding formula in 2008 made it almost impossible for the higher salaried UFT members to get transfer. Many were tossed into ATR pools of floating substitutes. Mayor de Blasio, our supposed friend, continued closing down schools this year after his disastrous and expensive “renewal school” project where instead of sending in resources that would actually help teachers, schools were loaded with consultants and teachers forced into often useless professional development.

In the past 15 years principals have been empowered as never before and they have the advantage of consulting with a massive amount of lawyers in DOE Legal who advise them the best ways to get rid of teachers they do not like while said teachers are often sitting there without a clue as to what is being done to them because the principals are working from a handbook while teachers are left defenseless. Teachers in NYC are subject to 4 drive-by observations a year under the despised Danielson rubric, while teachers in the rest of the state are only subject to two observations.

The job of a teacher has been deskilled through scripted instruction as attempts continue to remove qualifications needed to teach. How long before the DOE rolls trucks down the street every morning to search for people off the street to fill the classrooms for a day?

Meanwhile the charter school invasion continued, with certain parts of the city being so overloaded with charters, the very existence of local public schools are threatened.

Think of the poor people who succeeded us as being the proverbial frog in the pot of boiling water.

As you read this you are probably heaving a massive sigh of relief over finally being out from under this state of affairs.

Sadly, this entire degradation of our profession has taken place under the UFT stewardship of Unity Caucus, our opponents in this Retiree Chapter election. As retirees it may seem there is not a lot we can do restore the status our profession once enjoyed. But if you elect us to the leadership of the Retired Teachers Chapter, we will not only continue to defend our interests as retired UFT members but will also engage in a rigorous defense of our former profession by using our time in the Delegate Assembly to call our leadership to account for its failures to adequately stand up to the forces trying to destroy the profession many of us loved.

Can we really call ourselves a union of professionals?

VOTE Retiree Advocate/MORE/New Action.

Broad Discussion on Implications: After Janus, Should Unions Abandon Exclusive Representation? | In These Times

Chris Brooks: The way I see it, right-to-work presents two interlocking problems for unions. The first is that unions are legally required to represent all workers in a bargaining unit that the union has been certified to represent, and in open shops the Duty of Fair Representation (DFR) requires unions to expend resources on non-members who are covered by that contract. This is commonly known as the free rider problem and it gets a lot of attention, for good reason.
The second problem is that open shops also undermine solidarity by pitting workers who pay their fair share to support the union against those who do not. This is the divide-and-conquer problem.

Shaun Richman: I had an article published in The Washington Post... trying to amplify.... the strongest argument that AFSCME is making, which is that the agency fee has historically been traded for the no strike clause and if you strike that there is the potential for quite a bit of chaos. So I wanted to put a little bit of fear to whoever might potentially have the ear of Chief Justice Roberts, as crazy as that may sound. But I also wanted to plant the seed of thinking for a few union rebels out there. If the Janus decision comes down as many of us fear then the proper response is to create chaos.

----- After Janus, Should Unions Abandon Exclusive Representation?

This is a must read piece on the post-Janus landscape - Michael Fiorillo posted it on the ICE listserve that is the most in-depth piece I've read on all the possibilities -- though the UFT is such a special case due to its size, outreach, the depth of its political  machine - Unity Caucus, its alliances with politicians, etc.

The article deals with the requirement that unions must represent everyone --even those who leave - though we have so many examples of the UFT not exactly doing that -- or only paying lip service to do so. Like abusive principals or schools being closed. (Judge in PS 25 Win Asks: Where's the UFT support? “doesn’t the UFT care that the teachers will be put into ATR or the rubber room?” “doesn’t the UFT care that the teachers will be put into ATR or the rubber room?”)

When the sole bargaining agent, as is the UFT, a union must represent all workers, even non-union members. So what if they don't have sole bargaining rep rights?

Here is another excerpt (the entire article is below the break):

If we lose the agency fee, some unions will seek to go members-only in order to avoid the free rider problem, and that's a lousy motivation. I'm not encouraging that, but I think it's also inevitable. Once you have unions representing these workers over here but not those workers over there, it's also inevitable that you wind up with competitor unions vying for the unrepresented. And the first competitor unions are going to be conservative. These already exist. They're all over the South and they compete against the American Federation of Teachers (AFT) and National Education Association (NEA) in many districts and they offer bare bones benefits and they promote themselves on “we're not going to support candidates who are in favor of abortions and we'll represent you if you have tenure issues.” That's also bad but also inevitable.

There are so many excerpts I could post, so read the entire article. But first a few thoughts of my own related to our own situation in the UFT.

One of the issues that have come up in the red state teacher revolts - all right to work - is the low union membership and an element of competition between AFT and NEA for members even though they are nominally working together. One West Virginia teacher revolt leader who is in a school predominantly NEA told me that when he suggested working in partnership with AFT people the county NEA people were not happy.

This brings us to the issue of sole bargaining agent, which I wrote about in last week's WAVE: School Scope: The Janus Right to Work Case - How Bad Will it Be For the UFT? 

I went through a brief history of how the UFT won an election to become the sole bargaining agent in 1962 (in a 3-way race) for all UFT teachers and how that might be up for discussion in the wake of Janus when all states become right to work - and how that might lead to threats to the UFT's sole bargaining rights.

Say 10,000 people leave the UFT and organize an alternative and get enough signatures to call for their own bargaining by bringing in another union -- unlikely since this would be looked at askance by the labor aristocracy - but if those leaving the UFT weren't just looking to save money but were doing so as active organizers. Very unlikely but if the same kind of red-state militancy catches hold, the group most likely to organize would be the most disaffected from the union leadership -- pro-union people but anti-Unity Caucus.

Now I am not endorsing this concept but an intriguing idea that has been put forth is that since the high school teachers vote the opposition for most of the past 30 years - by a slim margin, albeit, what if the needed number of high school teachers singed up to call for an election in the high schools to select their bargaining agent? Now this is scary stuff since splitting the UFT does not look like a good idea - on the surface.

Last summer Mike Schirtzer and I ran a MORE summer series event that attracted 35 people to a bar and there was a lot more interest in the idea of a move to separate high schools than I expected -- I find a lot of resentment from high school teachers towards elementary school teachers who give Unity a seeming unassailable majority in UFT elections. 

As James Eterno often points out, when there was a high school teachers association - pre-UFT- its militancy helped drive the formation of the UFT itself.

We can never know what will happen post-Janus and where a rising up here in NYC might take place and who those leaders might be. I bet right now they don't know that they may end up leading some of these. actions.

So here is the very long article - which I still have to read in depth as it gets into so many interesting areas with different opinions and especially covers the right wing attacks trying to undermine unions even when they are couched in worker interest terms.

And by the way, can an argument be made at this point to actually jump on board and support the UFT and its Unity machine given these attacks?

Especially when there is no meaningful opposition in the UFT, with MORE seriously thinking it won't run and the recent turmoil in MORE that amounted to a purge of those who don't agree with the policies of one faction - so Unity like.

Are the 2019 UFT elections worth sitting out? More on that in future posts.


After Janus, Should Unions Abandon Exclusive Representation?

BY Kate Bronfenbrenner, Chris Brooks, Shaun Richman

http://inthesetimes.com/working/entry/21168/janus_unions_exclusive_representation_labor_right_to_work_supreme_court

Judge in PS 25 Win Asks: Where's the UFT support? “doesn’t the UFT care that the teachers will be put into ATR or the rubber room?” “doesn’t the UFT care that the teachers will be put into ATR or the rubber room?”

“doesn’t the UFT care that the teachers will be put into ATR or the rubber room?”.... Judge Katherine Levine

“Why close a school that’s doing so well?” said Leonie Haimson, the executive director of Class Size Matters and one of the lawsuit’s supporters. “It doesn’t make sense to me.”... Chalkbeat 

Did the UFT abandon schools on the closing list, in particular, PS 25K? The judge who ruled last week to keep PS 25 open for now seems to think so.

At the Feb. PEP, the CSA made a strong statement of support while the UFT was absent and also did not support this law suit.

I reported on the Major Victory: Court Keeps PS 25 Open - Leonie and Crew Big Win.

Below is a follow-up report with reports about the judge's reaction to the UFT not being part of the law suit from the parents, supported by Leonie and pro-bono attorney Laura Barbieri - see links to her brief below. And raising questions about the very rationale for closing schools.

And I linked to Leonie's own report on her blog:
 https://nycpublicschoolparents.blogspot.com/2018/05/normal-0-false-false-false-en-us-x-none.html

The big reprieve from Judge Katherine Levine came last week as the judge asked deep and probing questions, including questions why the UFT was not part of the suit to keep the high performing school open. The DOE sites low and falling school population - which people at PS 25 attribute to the DOE driving population down to force the school to close to make room for charters, including possibly Evil Eva. There is evidence that de Blasio and the DOE don't want to pay the damn rent after the Cuomo give away to charters laws so they target certain buildings as places to shove charters.

The UFT kept hands off - and I leave you to speculate as to the reasons.

At the Feb. 28 PEP, Leoni's assistant Sabastian Spitz spoke up for PS 25 and other schools being closed, citing the class size issue for many of these schools. Also speaking up was the supervisors union's Raymond Gregory. The UFT did not speak up for PS 25.

https://vimeo.com/272118347


Gloria Brandman was at the hearing the other day where the judge kept the school that the de Blasio/Farina tried to close -- there were charters involved in getting the building. Gloria took some notes:

Judge Katherine Levine was a smart, feisty judge who reminded me of Chief Justice Ginsberg (see the spectacular documentary about her "RGB")
"Why would the DOE close a school and then open another one? It doesn't make sense."
I believe Laura, the school's attorney, said that they do it all the time.

When the judge was looking at the list of possible transfer schools the DOE is providing for the PS 25 students (some out of district, the better ones already overcrowded), she said about one of the options, "That's 29 minutes away!". Later, she asked questions about transportation, and stated that she knows the DOE only provides buses to schools in the district. The DOE attorney did not respond.

She asked, "Why are they closing it", the answer given is that it's small. She responded, "So is PS xxx" (I forget which school she cited.)

Judge asked, "Did the CEC have any say?" DOE response- Multiple hearings were held. I believe the DOE Council stated that the DOE does listen. Many of us in the courtroom yelled out, NO THEY DON'T!

Judge asked, "If this school was 90% white and 10% black, would it be closed?"

Judge also pondered, "Would you conceded that the reason this is being done is because it has small class sizes?" and "What is the down side of keeping it open?" DOE attorney's rebuttal, "It's too small."
Judge wondered, What is the harm of keeping it open? "I'm keeping the stay in place."
"Disruption is not an option."
The judge also asked, "Are you telling me that there has never been a case where the parents have challenged the closing of a school?"

And regarding the UFT, judge was quite surprised by their absence. "Why wouldn't the UFT be a plaintiff?"

Why not indeed??

Also see the Chalkbeat article about the PS 25 win.  Several people are claiming that it is somehow selfish of PS 25 parents to fight to keep their school open or a “luxury” that DOE can’t afford.

https://chalkbeat.org/posts/ny/2018/05/24/parents-score-a-temporary-victory-in-slowing-the-closure-of-a-small-brooklyn-elementary-school/

Leonie's report included these links:

Congrats to the parents, students and teachers at this amazing school, to Laura Barbieri, our wonderful pro bono attorney, and my research assistant, Sebastian Spitz, who did much of the data and factual analysis for the case. Here are some of the legal briefs filed in the case, opposing the PS 25 closure:  

Support the Work Leonie Does by Attending The Skinnies, June 19

Leonie Haimson and Class Size Matters has been the major consistent and persistent advocate for teachers, students, parents and community over the past 15 years. She runs a major fund raiser every year at a restaurant with the leading resisters to ed deform in the room called The Skinny (not Broad) awards. I've attended every one of them and if you want to spend a few hours in a space with people you'd want to hang out with, especially in these times, this is the evening to do it. More info will come soon but read about just a few of the victories that Leonie has helped lead -- yes, she is a better advocate for us than our own UFT leadership.

That is why every year, the first group I contribute to is Class Size Matters to help Leonie continue her great work. Details will be available soon.

Save the date for the Skinnies! & our win yesterday in court to save PS 25!

1. Please save the date for our annual Skinny awards, which will be held this year on Tuesday, June 19. We will be honoring some very special people and you don’t want to miss it! It’s always one of our most joyous annual events, in which we celebrate our wins and gain strength for the battles to come. More info soon on time, place and how to reserve a ticket.

2. Speaking of victories, we had a big win in court yesterday in the fight to keep PS 25 open, an extremely high needs school in Bed Stuy Brooklyn with small classes. The DOE wants to close the school despite the fact that it’s the fourth best elementary school in NYC in its positive impact on learning. More about why we believe this school should be kept open is in my letter to Chancellor Carranza, published in yesterday’s Washington Post; and my account of yesterday’s win is here. Our win to keep the school open for at least another year was also reported in the NY Post and Politico.  Thanks to the brave parents of PS 25 who refused to give up, and to our attorney Laura Barbieri of the pro bono law firm Advocates for Justice.

3. In other law-related matters, I filed an appeal to the DOE on their refusal to respond to my Freedom of Information requests, which are now more than two years old; we will take this to court if the information isn’t provided by June 5. And our class size lawsuit vs the state and the city will be heard in Albany on June 15.

4. There is lots more on the blog about the problems with the new teacher evaluation bill, on Chancellor Carranza’s first time testifying before the city council, and the culture of corruption at DOE that allows sexual harassment to flourish. In a refreshing change from our previous chancellors, Carranza admitted to Council Member Treyger that yes, class size DOES matter, and that when he taught 20-25 students he could do so much more for his students than when he had classes of 40. So I have hope that we may see more humane and rational policies to come.