Not wanting to sound like a broken record, I shall forego mentioning how I have been patiently waiting for several months as to whether or not a transcript exists of the October arbitration meeting/hearing concerning our retro.

Instead, I would like to openly ask the UFT as to the whereabouts of the monies we are owed for giving up our Spring break this past April. 

We, meaning the rank and file, receive zero voluntary updates from the UFT and the only time we get info is if some teacher is lucky enough to get past the guardrails during a town hall or a delegate assembly. 

So UFT, where is our spring break monies. It is now almost a year since we had the spring break rug pulled out from under us, show us the money.

At the very least, show us, the dues paying members, something concrete, like a paper trail, that we can see so that we know it is moving forward. 

Thanks to Arthur Goldstein and his blog NYCEducator, exec boards meetings, town halls, and DA's are now archived. The Crack Team found three instances of the S word mentioned.

There was the most recent DA of December 16, 2020...

"...City has given notice that tomorrow is an instructional day. Last year they forced us to report during spring break. We had a ruling that remote is instructional and when we're out of COVID our first act will be to seek compensation."

The town hall of October 15, 2020...

Q: What about medical accommodations after December 31st and any updates on Spring Break?  

M: When arbitration is back up, we will move forward on Spring Break. Medical accommodations are based on a medical condition. We would have to do another one in Jan. Same documentation and everything.

Town Hall of September 2, 2020...

"...Dealing with the craziness that included Spring break which still needs to be dealt with."

 So many questions. Let's start with the DA from December. The statement does going to arbitration to seek compensation pertain to NYC school not closing during a major snowstorm? Or is this being lumped in with our missing of spring break? Why when COVID is over will the UFT wait to seek compensation? Why not now? 3020-a hearings are going on. The DOE doesn't seem to want to wait until "COVID is over to ruin a teacher's life. Why must the DOE wait to go to arbitration? 

For the answer President Mulgrew gave at the town hall of October 15, again, it seems that arbitration is now back up. Where in the pipeline is our monies? How long does the process take? 

But just six weeks earlier we were told that the craziness of Spring break still needs to be dealt with. So where in the process of recovering our monies, were we on September 2? 

This is a trust issue. There are too many stories too often. Worse, there is no transparency. Why can't the rank and file be privy to the process? Why can't we verify the process is happening? For instance, yes, the transcript of the arbitration hearing about our retro. 

Two instances that show a disdain for reality have troubled me. One of the many reasons why teachers take the spoken word from the UFT with a grain of salt. One was an answer to a question Mulgrew gave back at the town hall in November. He was asked when is the DOE sending out emails that accommodations were good until the end of the school year. And before I go on, it was a good thing the UFT did in getting those accommodations extended without getting a second's doctor's note. I'll give credit where credit is due.

The teacher was rightly concerned. It was November 23, and she had yet to hear back. However, I did at the time of the town hall. Mulgrew replied that it takes time and that the DOE sends emails out in batches going in alphabetical order. Z is for Zucker. Z is the last letter in the alphabet. I go last. But I got my email. This is making an answer up as you go along. 

The same crap happened at this month's DA. Mulgrew was asked something about the vaccine and when and how teachers will receive it. He rambled on for a few minutes, seemingly making it up as he went along. 

 I mean come on! I was texting back and forth with a member of The Crack Team in both instances. We both couldn't believe our ears.

This then becomes a credibility problem. I would rather hear, "I don't have any fucking idea," or at the very least put someone else on to answer the question or say "I will find out."

Meanwhile, where is our Spring break monies? Give us a real update. I'm owed about $4,500 and would like to have it. We don't want days added to our CAR. We don't want comp time. We want cold hard cash. Preferably, through direct deposit.

 

Here we go again with the NYCDOE and attempting to separate teachers from their direct deposits.

Chaz touched on this Thursday in his blog. Math teacher Alan Herz of Thomas A. Edison Career and Technical Education High School in Queens was brought up on 3020-a charges. According to the New York Post in 2014 Mr Herz allegedly made a sexist remark as well as an anti-Semitic remark to students; 

 “Oh yeah you don’t get it because you’re a female” and another, “I know how you Jewish people are, and it’s okay because I am Jewish, I know how Jewish people run business”

Now. Let's think for minute. First one needs the context in which the remarks were made, (and that is if they were made). And secondly, why is the DOE spending all these thousands of dollars on going after Mr Herz whilst a simple letter to the file will suffice?

But the Post must throw even more inane and mundane crud at Mr Herz.

According to the cherry picking of the  Post, Mr Herz's

...students and their parents gave him a middling three out of five stars on the website Rate My Teachers.
“The worst teacher my daughter ever had,” said one reviewer in October.
“Not clear and boring,” said another in 2007.

All the while ignoring;

Me.Herz is the kind of teacher who teaches the lesson and gets his point across. Not only, does he teach you the cirriculum; but he gives you life lesssons on the side. His teaching methods were full proof and worked. He would always have a demonstration model for us or an analogy which helped the kids understand.  

Great teacher, helped me sooo much to get accustomed to common core math, has creative ways of teaching

But my favorite part of the Post's story is that (Hold on to your seats!) the NYCDOE is suing both Mr Herz and his arbitrator of his 3020-a, Philip Maier.

Why the arbitrator? Apparently it appears that Mr Maier follows the law.

(Meier) never even heard the merits of the case because he determined that education officials blew a 90-day deadline to issue written findings following an investigation.  

So the DOE screws up and sues the arbitrator and Mr Herz?

We here at SBSB are praying, hoping beyond hope that this case is seen through. Think about it. The DOE in its chutzpah and stupidity is doing everything it can to set a precedent for each and every arbitrator to be sued by whichever side does not like an arbitrator's decision. I even mentioned to Über lawyer Bryan Glass if we could have sued the arbitrator in my case. Bryan, and rightly so at the time, demurred and did not think anything can happen. Maybe now, any teacher that does not like an arbitrator's decision will be able to sue.

Yes, this also means that the DOE will be able to sue, but think if this. Would anyone want to be an arbitrator for 3020-a's if they risked themselves to civil litigation? This just might blow up the entire system.

As for suing Mr Herz, what is the DOE going to get from him? Blood? Again, Mr Herz is sitting in the catbird seat. Where is the standing the DOE has to go after Mr Herz for his comments? Mr Herz is not responsible for the arbitrator doing his job as well as the DOE not doing theirs. We here at SBSB look forward to both defendants having fun with the discovery that they will receive from the DOE. Mr Herz's case is in state court and this leaves one to wonder if he can seek court costs.

As for the Post feeling the need to use Rate My Teachers and the be all and end all of the type of teacher Mr Herz is, remember this. The ratings are subjective!!! In my house none of us cared for my son's baseball travel team coach last year. He knew his baseball, but he did not click with my son. Other parents liked him. Other parents were in the middle. Doesn't make him a horrible coach or that he doesn't know baseball. It was all subjective.

The DOE again is pissing away monies that are better spent on the learning process and the New York Post is once again the New York Post.

On May 6, 2015 I shared on these pages about my arbitration hearing of May 5, 2015 battling the city
over $76.12 owed me by the DOE.

Some quick background. September 3, 2013, the first day back, was the day I was served 3020-a papers. I had already sat though about 2 hours and 15 minutes of PD that day when I was summoned to the office. There waiting for me was a process server and two of the biggest and meanest looking school safety agents I had ever seen.

I was barely allowed to get my stuff, speak to my colleague who had given me a ride, and was shown the door rather quickly. I was in shock and embarrassed.

As explained on May 6, I never made it down to the Rubber Room Intake Center on Chambers St for various reasons. But no matter what, I was in the school and working for 2 hours and 30 minutes.

The DOE argued that I am not entitled to the pay of being at my school for that time because I failed to go to my next assignment. They feel that since I did not go, I do not get paid for anything.

The UFT argued that the DOE's argument was nowhere to be found in the contract and they cited Articles 3, 6, 20 and Appendix A of the contract.

Under testimony for the DOE it was shared that if I had only called the school I would have been given money for the subway. Wonder why that wasn't shared during the Step II hearing over a year ago.

But no matter what, it was never denied that I was in the building participating in PD and was there for about 2 1/2 hours. With that as a fact and being able to cite the contract we all thought it was quite winnable.

It wasn't. We lost.

The arbitrator found my story so fantastical that he denied me my $76.12. He said that since I had a cell phone I could have called someone. Yes, as reported before my ride has yet to enter the 21st Century and did not have mobile technology as of 2015 and the only other person I could have called (My wife) was 25 miles away without a car. Heck, the arbitrator never even asked me why I hadn't called anyone.

This was a non-precedent setting hearing. The DOE spent more money defending this than it would have cost to pay me the money. Heck, I would have even accepted a ticket for the then upcoming Who concert at the Nassau Coliseum.

I really wish I had the ability to make this stuff up. I just can't.

There is just no way this story can be made up. First some background. 


On September 3, 2013 I entered my school on time at 8:10 AM  thinking that I was about to begin my 11th year there. I knew it was to be a long day. Going through PD, the usual getting to know you stuff and the fact that I had dreaded being there at the very least until 3:25 PM if not the year.

It was already a crappy day. My wife needed the car so I got a ride in from a colleague and to make matters worse I had left my wallet on my bedside table. I wasn't too concerned for my carpool colleague had said he would spot me some money at lunch time.

At about 10:15 AM about 15 minutes before a break from the PD I was summoned to come to the main office. There waiting for me was a process server to serve me my 3020-a papers along with 2 of the biggest school safety officers I had ever seen. I had to immediately leave the school.

Unfortunately my stuff was still in the library. I needed to retrieve my stuff. The school safety officers escorted me not just to the library but into the library where all my colleagues had to witness my humiliation and embarrassment.

I collected my stuff and left with feeling even more shame that I had when I had walked in. Through the halls and out the doors the shadow of the two big school safety officers had never left me.

I was supposed to report to 49-51 Chambers St which is the intake ___location of those that have been rubberized. However, there was one issue. In the meshugas that was ensconcing me I had forgot to ask super special permission to the two big school safety officers to allow me to talk to my colleague and get that money he was to spot me. There was also no way to get hold of him for he does not possess the 21st century technology of a cell phone.

The way I was treated along with the shame and humiliation I felt I didn't dare call the school to ask to speak to him. Being how I was just treated I felt that that they would not let me speak to my ride if I called nor would they get him the message in a timely manner. What was I to do?

With $2 to my name there was no way I could have gotten on the train to go downtown. So I bounded over to the McDonald's across the street and ordered a coffee, and much more coffee. Luckily someone I knew worked there and I was afforded a bottomless cup of McD's best Colombian blend. Along with my trusty book that I had the hours went very quick waiting until 3:25 came so I can meet my colleague in the parking lot of the projects.

Now it gets weird.

Several paychecks later I am short $250 because that day was counted as an unauthorized absence. How could it be an absence if I had been there for 2 1/2 hours?

I immediately called the Bronx UFT and filed a payroll grievance. I was told it can take several months for the hearing and I had nothing to do but time. So I waited. And waited.

About a year ago I had my payroll grievance meeting. The person from the Bronx UFT told me before the meeting that the best she can argue for is to be paid for the hours I was in the building and working. Fine. I understood.

In the hearing both sides of the story were given. I gave mine, they theirs. They did not dispute that I was in the building for 150 minutes! It ended I was told to wait for a decision.

And boy did I wait. Through the rest of the spring, through the summer, through the beginning of this school year when I finally decided to call the payroll person at the Bronx UFT. She told me that the person we argued before (I forget his name) awarded me the pay for the 150 minutes I was at the school. OK, I was good with that and was told that he would be a few paychecks before I got the money.

I then waited, and waited, and waited, and waited some more.

In March I received a letter in the mail from the grievance department at UFT HQ informing me since no decision had been made I get to go to expedited arbitration on May 5--yesterday.

The gentleman from the UFT I spoke with told me that my pay for the 150 minutes came to $76.12 but would I be willing to settle for less. I told him no. He informed me to forget getting the $250 back and I agreed with him. But I was curious as to why the DOE is going through all this trouble for $76.12 when this was to be a hearing which would not set any precedents.

When I arrived yesterday at the American Arbitration Association at 120 Broadway in Manhattan my rep told me the DOE still refuses to settle and we had no choice but to go forward to collect my $76.12.

In the conference room was the arbitrator, my rep along with another from the UFT and a lawyer from the DOE. My rep gave a statement and cited the contract. The DOE lawyer cited that since I did not continue on to my next assignment I can not get paid for the entire day. The one question I was asked by the DOE lawyer was why I did not call to ask for money to get downtown. Yes, in my humiliation I was thinking straight. Besides, what would allow me to think of my school would be so benevolent towards me after what had just happened?

I still can't believe that the DOE would spend all this money to keep from coughing up $76.12! How much did that lawyer cost? What was the DOE's share of the arbitration? How much time away from serious matters did the lawyer have to spend? Transportation? Taking time away from a real arbitration case that needed to be heard?

The DOE has a budget of $23.8 billion. The $76.12 is a mere fart in the wind to the DOE. This is an agency that wastes millions upon millions of dollars a year and they can't put a crowbar in their wallets and give me what I earned? I was at the point laughing it was so pathetic and even told the UFT rep I would accept 1 ticket to see The Who at the Nassau Coliseum in two weeks.

I will know what happens 10 school days from yesterday and if I win I have to wait 8-11 weeksto receive my $76.12.

And we all wonder why.