Monday, June 13, 2022

The Cheat Goes On - UFT Democracy/Election Outrages - D 75 Teachers Classified as Functional and buried by retiree vote

  1. The UFT has not established bylaws, in violation of the LMRDA:

    The federal regulations set forth in Title II (29 U.S.C. 431) Section 201. (a) of the LMRDA state, “Every labor organization shall adopt a constitution and bylaws and shall file a copy thereof with the Secretary [of the U. S. Department of Labor] ...” According to the U. S. Department of Labor, the UFT does not have any bylaws filed, violating federal labor law in this way.

    According to an e-mail sent by UFT Secretary/UFT Staff Director/Unity caucus candidate LeRoy Barr to a UFC candidate on March 7, “There is no similar election guide for officer elections. Officers elections are referenced in the constitution, chapter leader elections are not. The [2015 Chapter Election Guide and By-Laws] bylaws clarify the chapter leader elections.”....


By all accounts, the UFT is in violation of the provisions regulating establishing and filing bylaws as set forth in the LMRDA..... Election Violations by Unity/UFT -


There are 19 functional Ex Bd seats up for grabs in UFT elections  and the retiree functional chapter overwhelms the division and guarantees Unity will win them.
 
Where does the rule live that decides a that an elementary D75 teacher is not elementary school but rather functional? The same for middle and high school teachers? D75 functional was decided many years ago, probably by exec bd. But let's dig down and find out and make the case for changes. Use our winning Ex Bd people to force Unity to justify this decision.

And guess what? Go find the illusive bylaws for the UFT.  The ruling is not codified in any bylaws. And it’s supposed to be. Thus there is a case for moving the D 75 people into one of the teaching divisions.

United for Change raised this issue in the 70 page complaint submitted to the UFT on June 6. (UFT Elections 2022: United for Change Files 71 pages of Election Violations by Unity/UFT - Select Morsels).
 
In retrospect we should have emphasized this point in greater detail.

Key takeaway: 

D 75 teachers don't get to vote in the actual divisions where they teach - the divisions where retirees don't get to vote. Thus, their votes are almost irrelevant when buried in the functional division because they -and other functional units get buried by the overwhelming retiree vote.

So let's think about the numbers in the recent election and if D 75 teacher votes were counted in the divisions. Were there enough for United for Change to win the middle schools and get closer in the elementary schools? I can't say but United for Change has a lot of people.

We were affected by this rule in that at the last minute, we had to pull one of our key elementary school EB candidates who was D. 75 and move him to functional EB where we didn't have a chance. We also almost lost our Elem VP officer who was also D 75 but one on appeal on a technicality.
 
So, as we were preparing our complaint -- we began to ask ourselves WHY? Where did this decision to make D 75 functional and not divisional, a clear advantage to Unity, get made?

When the oppo was buried when Unity got 85% of the vote it didn't seem to make sense to bring all this up. But once they slipped into the 60s and the oppo reached a third, the potential to actually win seats in not retiree divisions becomes possible. It D 75 was moved to divisions
 
After note:
Much thanks to Christina Gavin for waking us all up to the shady processes that we have taken for granted for decades -- it takes a new set of eyes. During the election, Christina argued hard for UFC to play more attention to D. 75 but some of us argued that since they were functional and buried by the retiree vote, it would not be a fruitful use of time -- but she raised our attention to the D 75 issue. She went against the grain of the experienced people and was right on many issues. I wanted to be on the UFT election committee to be more aggressive and not play the "we are all pals" game. I could have been tougher. Christina pushed we old experienced hands. I wish she was around from the very beginning of the election process - we could have raised many issues back in the fall before the election even began. She woke many of us up.
 
Upcoming: Delving into other issues of how Unity cheats -- why are all functional chapters buried in the same division as retirees? They should be separated out into their own division as their overwhelming vote makes the 19 functional Ex Bd seats impossible for the oppo to win.

Sunday, June 12, 2022

Rally June 16 noon: Tell Mayor Adams to Stop the Switch to Medicare Advantage - Rally Also June 15 at 4:30 PM

THE NYC ORGANIZATION OF PUBLIC SERVICE RETIREES

(the organization that brought the lawsuit against the City to fight the radical change to force us into a privatized Medicare Plan)

 

WILL BE HOLDING A RALLY

At Foley Square in Manhattan at 4:30 pm

Wednesday, JUNE 15th

 

The President, Marianne Pizzitola and

Secretary, Michelle Robbins

Will be there in person (as retirees live all over the USA)

 

Retirees will be wearing Blue shirts in solidarity to the mission

 

DC37 will be holding a rally at 5 pm at the same location to demand a fair wage contract.   But if they resort to what they did the last time in negotiations,  retirees will lose more protection.  We want to tell them not to sell off Retiree Health Benefits for their own  bargaining benefits!

 

We will be there to remind them WE were in their union  and had their jobs, and they should be protecting retirees, seniors, and the disabled and not sell off benefits we earned and paid for while we were working.  We are disabled 9/11 responders, seniors 70-100 years old and the infirm, who cannot come to a rally.   We need to protect them!

###

 

 

Marianne Pizzitola

President

NYC Organization of Public Service Retirees

 

And

 

FDNY EMS Retirees Association

 

631-793-9715

 

 

Tell Mayor Adams to Stop the Switch to Medicare Advantage 

Come to our Press Conference and Rally 
Thurs - June 16th - 12 noon
 
Broadway btw. Murray St. & Park Pl. in front of City Hall Park

We will present a Letter to Mayor Adams signed by City Council and State Assembly members, telling the Mayor to allow all NYC Municipal Retirees to maintain their traditional Medicare and Medicare supplement. Some of the electeds who have signed the letter will be speaking including: Assembly members Robert Carroll, Joanne Simons, Harvey Epstein Yuh-Line Niou;  Council members Christopher Marte, Alexa Aviles, Carlina Rivera and a representative from Jumaane Williams.

Despite the fact that we have won all of our lawsuits, Mayor Adams is proceeding with a legal appeal to change our healthcare into a totally privatized Medicare Advantage Plan. We will not allow the Mayor to put our health and well- being in jeopardy by taking away the benefits we were promised as City Employees.

Hope you can make it.
Share widely with your networks and we hope to see you there.
CROC- Cross-union Retirees Organizing Committee
 
 


 
 

Thursday, June 9, 2022

UFT Elections 2022: United for Change Files 71 pages of Election Violations by Unity/UFT - Select Morsels


We never delved deeply enough into the Unity vote suppression -- from rejecting electronic voting to the large number of people who never got a ballot and the limited time frame for replacements. Untity figured that if someone were asking for a replacement, it must be a UFC supporter as we were the ones rounding people up. Here is a doozie:


  1. The UFT’s internal Election Committee is not impartial and presents significant conflicts of interest:


    For the 2022 UFT election, the UFT election committee was composed of the Election Committee Chair, an Election Committee Secretary, and thirteen (13) Committee members. The Election Committee Chair and 62% or eight (8) of the thirteen (13) Committee members were Unity caucus candidates; the Election Committee Secretary was also a member of the Unity caucus. The UFT’s General Counsel also attended the meetings to offer legal rulings.

    Election Committee meetings started at 4:30 pm, which made it difficult for any Committee members who are in-service full-time at schools to attend. The only Committee members who are in-service full-time at schools were candidates for and representatives of the United for Change coalition slate.

    The Election Committee Chair participates in UFT Election Committee meetings while working as a paid employee of the UFT. The eight (8) Committee members who are Unity caucus candidates participate in UFT Election Committee meetings as representatives of the Unity caucus while working as paid employees of the UFT, thereby violating the federal regulations set forth in bullet point #7 under the heading Requirements in “Chapter 5: Candidates” of the U. S. Department of Labor's publication Conducting Union Officer Elections, which state, "Union/employer funds and resources of any type may not be used to support the candidacy of any person in a union officer election...”. 


The Election Committee Chair works in the same building [UFT Headquarters at 52 Broadway] in which these meetings are held; as the eight (8) Unity caucus representative members work as UFT Representatives, they have increased flexibility to be at the UFT Headquarters building relative to the in-service teacher United for Change representative members, thereby facilitating the Unity caucus representative members’ attendance at such meetings.

There is grave concern that the composition of the UFT’s internal Election Committee, the actions of the eight (8) Committee members who are Unity caucus candidates, and the fact that the General Counsel, the Election Committee Chair, and the eight (8) Committee members who are Unity caucus candidates are all employed by the UFT, violates Title IV (29 U.S.C. 481) Section 401 (c) of the LMRDA, which states, “Adequate safeguards to insure a fair election shall be provided...” 

-- Excerpt from Election complaints.


Thursday, June 9, 2022,
 
Monday I sent the document to UFT Election Chair (and Manhattan borough rep) Carl Cambria, UFT Secretary (and Unity Caucus head) Leroy Barr and UFT lawyer Beth Norton. Cambria and Barr are Unity Caucus members and were candidates on the Unity slate in the election. Yet they are doing an "impartial" investigation?

I believe they have 30 days to issue their results, at which point we move on to the AFT and after that to the Department of Labor. Some are marginal but I agreed with throwing in the kitchen sink.

We had to get this in before the 30 day time limit since the elections ended was up.

I've been one of the 5 UFC people on the election committee and have faced the frustrations of serving there -- But I learned a lot about the process and if I ever did it again I would be much more aggressive and also proactive after learning up close as to how Unity operates. I could even see a boycott of a bogus election committee - like who gives a shit if we draw first or last for placement in the NY Teacher? Or order on the ballot? But we did make some moves to get info and raise issues. Our call for district reports was accepted though our call for school reports on voting per centages was declined.
 
I have gotten way behind the issues - the June 6 Ex Bd and the June 8 DA, plus all kinds of general issues.
[Monday was out 51st Anniversary - a stay at home for the first time in decades because my wife has a broken bone in her foot but still managed to make a delicious surf and turf. Then Wednesday I attended the funeral/memorial at Greenwood Cemetery for a 107 year old remarkable woman. And I was added to the cast at the Rockaway Theatre Company for the upcoming Kiss Me Kate. So excuse the delay for this important piece of info.]
There is too much in the report to put into one blog post -- and James will be also posting on the ICE blog.
 
Let's face it, they stuffed every mailbox in the city and lost many votes from even last time. Their margin came with the retiree and elementary votes. 

Do I believe UFC would have won if Unity had followed the rules? Maybe not, though with Retirees I think they had a lot of acccess that we did not through their Unity controlled outposts around the nation and the way they ran remote retiree chapter meetings. This is not part of the complaint but probably should have been. We got 30% of the retiree vote - imagine if we hit 50% - a new ballgame. I may not argue we would have gotten 50% if we could rebut the Unity sales pitch -- but maybe 40% and that would have given us over 10K retiree votes and pushed us over the 35% mark of total votes. 

Will the threat of going to Dept of Labor force reforms? Probably not, but by publicizing among UFT members, it will raise the idea that Unity is an entity of lack of democracy.

So why are we documenting these violations? There may come a day where the oppo is close enough to win and the Unity machine will actually attempt to steal the election and this document is a cease and desist order and also blueprint for the future where my hope is the oppo lays all this out up front before the election begins.

My contributions to the document, put together by Christina Gavin, a key player in the election, whose  activism around this issue had made her a particular target of Unity - an that  itself has generated a bunch of complaints on her part), has been a focus on the way Unity set up the election committee (8 Unity, 5 UFT, with a Unity Caucus chair), a tainted complaint process where Unity is judge and jury, and the actions of Unity district reps. I reported on Christina's actions, which have broken new ground in the oppo election response. Christina Vs The Unity Caucus Machine - At May 23 UFT Ex Bd.  Kudos to her.
 
Here are a few select items -- more to come soon.
  • UFT employees/Unity caucus candidates used personal Facebook, Instagram, and Twitter accounts for electioneering on the part of the Unity caucus in violation of UFT election rules set in writing via e-mail by UFT employee Manhattan Borough Representative/UFT Election Chair/Unity caucus candidate, Carl Cambria, on January 31, 2022:
  •  
    Members of the United for Change coalition were denied access to school mailboxes at thirty-nine (39) schools to distribute campaign literature in violation of the LMRDA, Chancellor’s Regulations D-130 § I. B. 4. a., the Policy for Union Visitor Posting of Election Fliers published in Principal’s Digest on December 7, 2021, and the January 18, 2001 Memorandum from the Office of Labor Relations & Collective Bargaining:
  • Postal mail:

The UFT has violated this federal requirement by repeatedly providing inaccurate information to UFC candidates regarding distributing campaign literature by postal mail from UFC’s initial inquiry made on February 7 over the course of fifteen (15) e-mails, one (1) meeting, and one (1) letter until the final message providing accurate information was received on March 16, which was

fifty-six (56) days after the election began on January 19. For a period of thirty-seven (37) days, the UFT adamantly provided inaccurate information to UFC candidates regarding the distribution of campaign literature by postal mail.

E-mail:


The UFT has violated this federal requirement by not notifying candidates, caucuses, or coalitions of the procedures for distributing campaign literature by sending multiple e-mails until a March 29 meeting, which was seventy (70) days after the election began on January 19


UFT employee Manhattan Borough Representative/UFT Election Chair/Unity caucus candidate Carl Cambria and UFT General Counsel Beth Norton insisted that attendees were required to inform the UFT by the end of the following business day, March 30, if they wished to opt into the paid multiple e-mail plan, in violation of the federal regulations set forth in bullet point #4 under the heading Common Pitfalls in “Chapter 6: Distributing Campaign Literature” of the U. S. Department of Labor's publication Conducting Union Officer Elections, which indicate that a union can commit an election violation by “imposing a deadline for making requests to mail literature and, as a result, refusing to comply with an otherwise reasonable request.”


During their March 29 meeting, Mr. Cambria and Ms. Norton adamantly stated that whether or not any candidates opted into the paid multiple e-mail plan, the only thing that the UFT would send out on candidates’ behalf would be a link to a PDF that the candidates had prepared. United for Change had requested to send out full-color formatted e-mail messages with graphics; the UFT refused this reasonable request in violation of the federal regulations set forth in bullet point #6 under the heading Requirements in “Chapter 6: Distributing Campaign Literature” of the U. S. Department of Labor's publication Conducting Union Officer Elections, which state, “A union may not regulate the contents of campaign literature it is asked to distribute ... The union may not censor campaign literature in any way.”


See additional details in Appendix H.



  • The UFT inappropriately allocated campaign advertising space in The New York Teacher union newspaper in violation of the terms of the election as voted upon and accepted by the UFT Election Committee:


  • In the April edition of The New York Teacher, the UFT inappropriately allocated a two (2) page spread to the six (6) WE C U candidates, in violation of the terms of the election as established in January, which state, “Slates- Each caucus gets two facing pages....” and “Independent candidate ads are 4.5 inches wide by 5.5 inches tall.”

    Additionally, the UFT inappropriately placed the ad for the six (6) WE C U candidates in the final position, in violation of the terms of the election as established in February whereby the UFT Election Committee had agreed that the UFC slate’s ad would appear last.



  •  

Tuesday, June 7, 2022

Huge budget cuts announced to schools by Adams - Ed Deformers want to degrade public and promote charter schools

Damn, just looked up my school and our budget is being cut by about $1.2 mil
 
My school is going from about 37 million to 31 million. Large school, large budget
 
Just saw my school is losing about 800k. We won’t have the money for that 3rd first grade class we really need.

Eric Adams’ literacy overhaul slashes number of NYC reading coaches ny.chalkbeat.org/2022/6/6/2315

These are reports I began to see last night as people checked their budgets. Cutting school budgets is part of the strategy to drive people out of public schools and into charters. Which will lead to bigger cuts in public schools. Just in time for the contract. Watch Adams follow the Bloomberg strategy -- no contract without deep givebacks.

They are relentless. 

Leonie sent this along. 

Yesterday, school budgets for next year were released, and many if not most schools are facing MILLIONS of Dollars in Cuts compared to this year. 

You can find out how much your school’s budget has been cut by plugging its 4 digit DBN code into the DOE webpage here; and compare your school’s total Galaxy budget from 2022 to 2023 by scrolling to the bottom of the page and checking the Grand Total. (If you don’t know your school’s 4 digit code, you can find it by putting its name on the school search page here.  The first letter refers to the borough; then there is a three digit number that follows.)  Some schools, like Fort Hamilton HS in D20, will be cut by as much as $8 million; Forest Hills HS by $4 million.

If enacted, these cuts will make class sizes increase sharply and cause the loss of essential services to kids.  Clearly, neither the Mayor nor the Chancellor are planning to abide by the language or the intent of the new state law passed last week requiring smaller classes.    Meanwhile, it has been reported that the Council may announce a budget deal with the Mayor as early as this week that would cement these cuts in place. 

What can parents do?

  1. Call your Council Members today and tell them to vote against any budget deal that includes these egregious cuts, and to let the Speaker know now that they will vote against a city budget that contains them.  These cuts will tremendously hurt schools and the kids in their districts, and especially in light of the new state class size law, they are potentially illegal. You can find their phone nos. here.
  2. Then call the Speaker Adrienne Adams and leave the same message: 212-788-6850.
  3. Then ask your principal if they are willing to talk on or off the record to me or a reporter about the likely impact of these cuts. So far, many teachers are expressing their outrage on twitter, but so far, I’ve seen no principal speak out. If they are willing, have them email us at info@classsizematters.org Their confidentiality will be protected.

But please make those calls today!

Thanks, Leonie