The Grim Reaper

Yesterday, Lydia Howrilka took the bull by the proverbial goodies and decided to show Mike Mulgrew how to lead. She filed an Article 75 on her on time and dime. 

Read on from Lydia:

Yesterday, I filed an Article 78 proceeding in NYC Civil Court protesting the reopening of NYC schools without adequate testing, mitigation measures, and allowing for a pivot of instruction to remote for January 3 to January 18, 2022. I have submitted the legal documents- a petition, a Temporary Restraining Order (TRO), an affidavit, an Order to Show Cause (OSC), and a Request for Judicial Intervention (RJI)- and I am waiting for a judge to be assigned to our case. Many folks have been reaching out and want to know how they can help. A collective letter that we can send to the court with as many signatures as possible would be the best next step for members who want to support. Please click here and complete this form to e-sign the letter. https://forms.gle/h4QaqS9eedMpuzkK6 Important note- No teacher has been disciplined for signing a petition or letter when they are not on contracted time. It is not illegal to sign a letter or petition either. Your signature will only be seen by Lydia, the judge, and the City’s Corporation Counsel.

 

So sign up and sign on. Stay tuned for updates!

For those that have lived in a cave for the last 24 hours, Solidarity, led by Lydia Howrilka here) who did not have underlying medical conditions but lived in fear for those they lived one did. and represented in court by über teacher lawyer Bryan Glass won a Temporary Restraining Order for the five plaintiffs (Read decision

What happens next? The TRO only pertains to the five plaintiffs and expires on Monday, September 21. Plus, the Corporation Counsel according to a source is not appealing the TRO, and the judge in the case is welcoming affidavits for other teachers who feel that they are in the same situation as the original five plaintiffs. Email Bryan Glass for more information. Immediately. Affidavits must be in no later than 6 PM EDT Thursday, September 17.

No on to bigger and sadder things.

The UFT, the Unity part of the UFT, could have had this victory. I saw this decision coming and not just because Bryan Glass is the attorney. It made sense. Five teachers, all with loved ones with Centers for Disease Control underlying conditions. A mayor and a schools chancellor that day in and day out not only spew inane contradictory blabber out of their mouths but have time and time again shown that the only reason to re-open school building is that each need to know that all is OK in the phallus department for them.

What does the UFT do? Does it play offense? Not exactly. They were playing what Warner Wolf termed the Giants offense back in the late 70's. The UFT was playing a "prevent offense." The UFT just didn't want to punch the ball into the end zone. They could've. The had the resources to. They just didn't want to.

Yes, Mike Mulgrew for most of August was talking strike. "Wow," some people said, "Mulgrew is being proactive." But striking would not have been a good idea. I laid down why a strike would not have worked two weeks ago. But seeking injunctive relief in keeping schools closed would have been a winner.

One of the advantages in going to court, the city and the DOE would be have not only been forced to lay out their re-opening plans but would have been forced to defend contradictory, ever changing, and unsafe reopening. The city and the DOE would be defending the indefensible. The UFT, on the other hand would show that only the union had the safety and welfare of the students, the school communities, and yes, the teachers as a priority.

With winning in court and keeping the school from reopening the UFT is letting the judge make the decision. The UFT won't have the public perception of turning it's backs on our most vulnerable. The UFT could've had the city and DOE as the villains, as the ones that are usurping education and the re-opening.

The UFT could have had their own plan for 100% remote learning which as of this evening, 9:01 PM EDT on September 15, 2020, the DOE hasn't figured out.

But with a strike, there is always the threat of scabs. Not so with a court ruling. With a court ruling no risk of 2 for 1, or losing automatic checkoff. Teachers would still get paid. The UFT would have had hand. They could've negotiated from a position of strength. The clock is running out for the UFT to proudly take its gonads show them off to the rank and file.

In the mean time the latest I heard is 55 teachers testing positive for COVID. In several schools the teachers are refusing to enter the buildings, photos on Facebook and Twitter of mold in classrooms, schmutz on vents, windows that open have an inch, and too many schools with not enough PPE. Hey, how is that agreement going so far?

And lest we forget the numbers are going up for students who are doing full remote and the DOE is still 10k teachers short.


Time for 52 Broadway to bring in the big guns, and act in a big way.

As we all know, UFT Solidarity led by Lydia Howrilka filed a complaint against the DOE two weeks ago and arguments were just heard this past Friday, September 11. The complaint names five people as plaintiffs and they are being represented by über teacher lawyer Bryan Glass. 

Originally, Bryan and Solidarity were going to seek injunctive relief for total remote learning. But Bryan, being the lawyer he is with amazing intuitive skills believed that it was a reach. Bryan narrowed the complaint down to seeking to broaden the scope of acceptable accommodations (for instance, those who don't meet any of the CDC guidelines) to those who live with a family member that does meet the CDC guidelines. Bryan felt that many districts in New Jersey are offering this type of accommodation and felt this was the surest way to success. Bryan is always many steps ahead.

The plaintiffs are four dedicated teachers, and one dedicated substitute teacher. The defendants are the NYC DOE and his majesty, Chancellor Carranza.

The Crack Team has been able to get a copy of the complaint filed by Bryan Glass and it is being presented publicly for the first time here on SBSB. A source has shared with The Crack Team that a decision is due this week.