The Edge - BTA News
Transcription
The Edge - BTA News
NYSUT 520 White Plains Road Tarrytown, NY 10591 Tarrytown Regional Office Phone: (914) 592-4411 Fax: (914) 345-3302 Like us on Facebook: www.facebook.com/nysutTRO and follow us on Twitter: @NYSUTTRO! Marc Laffer, Regional Staff Director Calendar of Events Aim High: A Proactive, Positive Environment for Student Achievement Seminar (NYSUT Tarrytown R.O.) Feb 4 Rockland County Central Labor Council (IBEW, New City) Feb 5 Rockland County TA Meeting (North Rockland TA Office) Feb 11 Westchester/Putnam Central Labor Council (WPCLB Office, White Plains) Feb 11 Videotaping Classroom Practices for Feedback, Evaluation & Professional Growth Seminar (NYSUT Tarrytown R.O.) Feb 12 SRP Leadership Council (NYSUT Tarrytown R.O.) Feb 23 New Mentor Training (NYSUT Tarrytown R.O.) Feb 25 ED 15/16 Presidents’ Council (Mt. Kisco Holiday Inn) Feb 26 Cyber Bullying: The New Age of Harassment Seminar (NYSUT Tarrytown R.O.) Mar 2 Committee of 100 (Desmond, Albany) Mar 2-3 Rockland County Central Labor Council (IBEW, New City) Mar 5 Orange County TA Meeting (Cosimos Brick Oven, Middletown) Mar 9 Formative and Summative Assessment: Practice that Works (NYSUT Tarrytown R.O.) Mar 10 TRO Peer-to-Peer Mediation: A New Tool Does this sound familiar: two of your members just couldn’t get along. Or perhaps it was a teacher and a teaching assistant who get on each other’s nerves. Maybe it was a teacher and a custodian. Invariably, at least one would go to the principal and complain and then they were both “problem employees.” If only they had come to the union first. Through years of experience, we have observed many situations in which NYSUT local members have had a February 2015 significant dispute in the workplace with other NYSUT members. Often these disputes go unresolved and fester, either causing prolonged workplace hostility or worse, devolve into conflicts that expose members to discipline by the employer. In either case, leaving these disputes unresolved clearly is not a good practice for our members. In an effort to help local leaders and members enjoy a more harmonious workplace environment, the Tarrytown Regional Office will soon be offering all locals the service of formal mediation for resolution of peer-peer disputes. The NYSUT Tarrytown Regional Office is excited to be introducing a project to develop a small group of retired local leaders trained to mediate disputes between coworkers. We have started the training process and in the very near future we will have people available to come to your work location (or wherever it’s convenient) and have the disputing parties attempt to resolve the problem. Mediation is a voluntary, cooperative process for resolving disputes between two parties in which a neutral person, a mediator, facilitates a discussion between the parties in an effort to help them clarify the issues and resolve their conflict. Formal mediation is when a trained, experienced mediator facilitates the mediation process between parties by using a structured approach. This approach has been developed through countless mediation experiences and has become a reliable and effective method for resolving disputes in the workplace. Many times, co-workers can resolve an otherwise irreconcilable dispute by using this process. Mediation is appropriate and useful in a wide variety of situations, but is especially effective at the point when emotions have eased enough that the parties can begin to communicate with one another. Mediation can work particularly well in helping participants resolve problems, let go of their grievances and mend broken relationships. Often there is improved communication, less tension, increased productivity and a better atmosphere for everyone to work in. Mediation allows participants to find answers to their concerns and walk away emotionally relieved, usually with an agreement that each can uphold. Once the training is done and the mediators are ready, all presidents will be notified and procedures for accessing mediation will be made available. Bigger and Better…Summer Training Turns Members Into Leaders Members of the Clarkstown Teachers’ Association participate in the inaugural RCTA Billiards Bonanza with Senator David Carlucci on January 22. Over $4,000 was raised and donated to United Hospice of Rockland. Victory for Tenure NYSUT counsel Rich Casagrande and Tony Brock brought home another significant win in the constant battle for teacher tenure. New York’s Court of Appeals upheld the right of a tenured teacher brought up on disciplinary charges to elect the statutory 3020-a process. The case was Kilduff v. Rochester City School District. Ms. Kildruff was a tenured school social worker in the Rochester City School District. The district tried to discipline her, and she demanded a hearing pursuant to Education Law section 3020-a. The district denied her demand, claiming that she was not entitled to a 3020-a hearing because there was an alternate disciplinary procedure in the contract. In a 4-3 decision, the majority strongly reaffirmed the importance of tenure, ruling that the purpose of Education Law section 3020(1) is to ensure “that all tenured educators have the non-negotiable right” to a 3020-a hearing. Locals are free to negotiate alternative disciplinary procedures, but the alternate procedure must allow the tenured educator the choice between the alternate procedure and 3020-a. Particularly pleasing was the Court’s reference to the 1981 Holt case: We have, of course, previously recognized the importance the Legislature has accorded the status of tenure in the educational context as well as its attendant purpose to preserve the process by which tenured educators are to be disciplined and removed against the vagaries of collective bargaining [citing Holt]. This may be important to our tenure defense in that Holt strongly articulated the public policy rationale behind tenure. All defendants in the tenure case rely on Holt. This recent affirmation by the State’s highest court can only help our cause in the lower courts. With the return of the Summer Leadership Conference in 2014 after a two year hiatus, we were able to train more NYSUT leaders in the region than at any time in the past. As a result of holding the one night/two day conference in August and coupling that with our successful Summer School program in the regional office, more than 500 NYSUT leaders received training last summer. While we consider that a great success, we know there is more that we can do. Last year you told us that even though you enjoyed the leadership conference, you missed some of the solidarity that you felt during previous conferences when there was time to network with leaders from throughout the region. We heard you! This year, we are bringing back the two night conference in August. The 2015 Tarrytown Summer Leadership Conference will take place August 11th through August 13th. We will return to the Parsippany Hilton, which is in a great location for us, far enough to feel like we’re out of town, but close enough to make for convenient travel, and has wonderful facilities. Conference workshops are being developed as you read this and we will again work towards creating workshops that will help you and the other leaders of your local become more effective leaders. In addition, we will expand our Summer School offerings to 9 days in July. Please let all of your officers and building representatives know about this great opportunity and keep an eye out in March for the conference announcement and registration materials. They Can’t Do That… Without Bargaining A recent decision issued by an Administrative Law Judge (ALJ) at the NYS Public Employment Relations Board (PERB) reiterated the well-established rule that public employers are required to bargain before changing longstanding procedures (i.e., past practices) that relate to terms and conditions of employment. Although the case involved county employees, it is equally applicable to all public employees as the specific issue was whether a public employer breaches its duty to bargain in good faith when it unilaterally “establishes a procedure by which employees must verify that their dependents continue to be eligible for health insurance, which can result in the loss of coverage for the dependent if the employee does not comply and which could result in disciplinary action against a non-compliant employee.” In this case, the County Police Association of Cortland (Association) initiated the case by filing an improper practice charge when the County of Cortland and its Sheriff (County) unilaterally began requiring Association members to participate in an audit of the County Health Plan by providing various documents to the County to verify eligibility. Members were informed of the new procedure when the County distributed a notice stating that it had contracted with an outside company to audit dependent enrollment. Shortly after notification, the company responsible for the audit mailed a three-page letter to all Association members enrolled in the health plan, which stated that failure to participate in the audit could result in cancellation of dependent benefits and that knowingly submitting false or misleading information could result in disciplinary action. The letter also informed members of the type of documents that could be used to verify eligibility and contained a sample verification form. Prior to the audit, members seeking coverage for dependents were responsible for completing an enrollment form requesting information about the dependent and were required to report changes that may impact dependent eligibility (e.g., divorce) but they had no obligation to submit documentation in support of the enrollee’s assertions. The ALJ began her analysis by stating the well-settled rule that health benefits and procedures that may impact an employee’s receipt of those benefits must be negotiated before they are adopted or implemented. The decision also noted that language granting discretion to the Plan Administrator to determine eligibility does not eliminate the County’s duty to bargain procedures to be used to challenge that determination. Finally, the ALJ found that there had previously been no requirement to submit documentation nor had the County preciously conducted any type of review of dependent eligibility and therefore rejected the County’s assertion that there had been no change. #You’reFired According to Yahoo Celebrity, a Twitter user revealed the name selected by celebrity couple Blake Lively and Ryan Reynolds for their new baby when she tweeted: “Congrats @blakelively #blakelively glad to have you and baby girl violet in our care.” Why are we reporting this in The Edge? Because the Twitter user claimed to work for Westchester Medical Center and she subsequently tweeted: “I think I’m in trouble.” Although we can’t confirm the accuracy of this Twitter user’s story, we know for certain that publicizing private information in a public forum like social media can result in trouble for our members. As employees, our members are often privy to very sensitive information and frequently have a duty to keep such information confidential. Thus, it is important to be aware that social media activity is not private. Employees have been and continue to be disciplined for postings on Facebook, Twitter, and other social media forums. Since communications on social media are a type of speech, public employees do have (limited) protections under the First Amendment. However, this protection arises only when the employee is speaking as a citizen on a matter of public concern. Even when speaking on such matters, the right is not absolute since courts will weigh the employee’s right against the employer’s duty to provide effective and efficient governmental services. If the balancing does not weigh in the employee’s favor, protection will be denied. Significantly, the First Amendment does not apply to private companies so private sector employees cannot rely on free speech protections in challenging employer actions. Relatedly, as local leaders you should be aware that while many employers have already adopted computer/social media use policies, new policies as well as changes to policy must be negotiated if they impose limitations on off-duty conduct. Finally, if a policy interferes with an employee’s right to engage in protected union activity, the policy should be challenged under the applicable collective bargaining law. Tarrytown Learning Center: Upcoming Seminars! The Tarrytown Learning Center (TLC) offers seminars to enhance our members’ work experience and provide them with the tools to be the best they can be at their profession. The seminars, set up in partnership with the NYSUT Education and Learning Trust (ELT), will provide the latest and most relevant research-based strategies and resources. They are convenient and inexpensive. All seminars will begin at 4:30 PM and will be held at the NYSUT Tarrytown Regional Office. Registration is only $10 per seminar. For more information, go to: www.nysut.org/eReg/TLC. Upcoming courses include: Aim High: A Proactive, Positive Environment for Student Achievement – February 4th Ending the achievement gap requires addressing all factors that influence the achievement and behavior of students including: classroom learning, school climate, and motivation theory. In this seminar, participants will learn that a positive educational environment is a major ingredient of effective schools. Participants will examine research-based techniques that empower “at risk” students, decrease problem behavior, and improve student achievement in general. When the climate is comfortable, the likelihood for success is greatly increased. (2 hours) Videotaping Classroom Practices for Feedback, Evaluation & Professional Growth – February 12th This three-hour seminar is designed to support educators in examining the personal benefits of classroom self-videotaping. By taking a critical look from an observer’s view, a teacher can interpret and apply any teacher evaluation rubric to support the distinction of rating levels and allow for documenting improvement in practice over time. Through interactive activities, participants consider the planning required to capture evidence of one’s practice aligned to the NYS Teaching Standards and identify what aspects of their teacher practice they wish to capture on video along with how to best showcase that in their classroom, including choosing artifacts. (3 hours) New Member Training – February 25th This training helps to prepare mentor teachers to work effectively with their mentees. The mentoring relationship is often a new one for both parties. Interpersonal skills needed for developing this relationship, especially those of confidentiality and trust, will be emphasized. The seminar will also discuss: the rationale and goals for mentoring; the roles of the mentor, including the roles of coach and guide; and effective strategies for helping the mentee develop the reflective skills needed in order to learn and grow professionally. (3 hours) Stop Giving Tax Breaks to the Richest: Sign the UNFI Petition In 1969, legislation was enacted in New York providing for the creation of Industrial Development Agencies (IDAs) to facilitate economic development in specific localities, and delineate their powers and status as public benefit corporations. IDA’s have always been controversial, if not in theory, certainly in practice. According to the authorizing statute, the purpose of an IDA is to promote, develop, encourage and assist in acquiring, constructing, improving, maintaining or equipping certain facilities, thereby advancing the job opportunities, health, general prosperity and the economic welfare of the people of New York. Each IDA is an independent public benefit corporation established by a special act of the State Legislature at the request of a sponsoring municipality, and each is expected to act in the interest of that particular local government and its residents. The theory has been that IDAs can lure businesses into a community through short-term tax breaks. Even during the norevenue tax years, the community is benefited in the form of jobs and ancillary business growth. The practice has been that too often the decision about what companies should be entitled to tax breaks is not based on business or economics, but on political favors, patronage and public manipulation. One of the more frustrating situations is when a company would have brought its business to the community even without the tax breaks. So in effect, the company gets a tax break for something it would have done anyway. Right here in our region, United Natural Foods Inc. (UNFI) is taking advantage of this exact situation in the Valley Central School District. Valley Central has faced countless cuts, including the reduction of full-day kindergarten to half-day. At the same time, UNFI found an ideal location for its distribution center in the Town of Montgomery (and within the Valley Central School District). New York State Comptroller Thomas DiNapoli noted, “Taxpayers are not getting enough bang for their buck when it comes to IDAs. Residents, particularly those in high-cost regions such as…mid-Hudson Valley, have every right to question whether the additional tax breaks are producing promised economic benefits.” UNFI is not a small business struggling for survival. In 2012, it had $6 billion (BILLION, with a “B”!) in sales. At its Montgomery location alone, UNFI expects $460 million in sales. How much will UNFI pay in taxes on its property improvements? The answer is simple: $0. To get UNFI to pay its fair share, the Valley Central Teachers Association has teamed up with the Teamsters union to form the Fair Share Coalition Against Unsustainable Tax Subsidies. This coalition has spoken at UNFI shareholder meetings, and asks for your support by signing the petition urging UNFI to pay its local taxes at http://salsa4.salsalabs.com/o/50740/p/dia/action3/common/pub lic/?action_KEY=11944. For more information, visit the VCA website at www.vcta.net. Our Friends Can Help Now more than ever, coalition building is a power in education as unions, student groups and community groups unify with increasing frequency to improve public education. A coalition can both address a crisis and lay the groundwork for future successes. Enemies of public education have been using one of the oldest strategies to try to defeat us – a strategy that has unfortunately worked too often. That strategy: isolation and attack. Governor Cuomo’s strategy relentlessly pushes to marginalize our NYSUT unions because he knows he cannot win a debate about education on the merits and cannot win a political war if we stay strong. He hopes to divide our NYSUT unions from other unions, and he strives to divide NYSUT unions from each other. Despite all his talk and manipulation, however, he will not prevail as long as we remember that our similarities exponentially outnumber our differences. And one of our keys to success will be identifying those groups with similar priorities, and work together. Each union must closely examine their local partners, and work with them. Some effective coalition partners are: Labor in the News Wisconsin Teachers Use Legal Loophole in Act 10 to Get Their Union Back. By not applying for recertification in 2013, the Kenosha Education Association was able to bypass the requirement that 51% of all eligible voters – not only those who participate in the vote – approve the union. http://wepartypatriots.com/wp/2015/01/15/wisconsinteachers-use-legal-loophole-in-act-10-to-get-their-unionback/ In Surprise Announcement, Karen Lewis Says She Will Return to Chicago Teachers Union Next Week. After battling a brain tumor that took her out of the Chicago mayoral race, Karen Lewis says she will be returning to work as the president of the Chicago Teachers Union next week. Lewis made the announcement at a CTU breakfast celebrating Martin Luther King Jr.’s birthday with Cook County Commissioner Jesús “Chuy” García, who entered the race after Lewis dropped out and progressive groups around the city prodded him to run. http://inthesetimes.com/working/entry/17531/karen_lewis _ctu_back Virtual Teaching, Real Organizing. Turning the usual rivalries upside down, “virtual teachers” in an online charter school system in California are pushing to unionize. www.labornotes.org/2015/01/virtual-teachingreal-organizing Wisconsin Governor Scott Walker is inaugurated for second term, but he has made it clear he does not want to push the fight with labor unions that was hallmark of his first term; visible members of Republican majority in state legislature want to continue the battle with labor, now facing off against private-sector unions. www.nytimes.com/2015/01/06/us/scott-walker-startingsecond-term-in-wisconsin-steers-away-from-new-battlewith-unions.html. other NYSUT unions within district; non-NYSUT unions within the district; parent groups in the area, like PTA groups and Special Education PTA groups; local churches, synagogues and mosques; and, other unions in the area, like the IBEW, Teamsters, CSEA, CWA, and Law Enforcement Unions. The Governor, and others, would like us to forget our natural partners. If we remember our past successes, and use the tools that have worked in the past, he cannot be successful. The only thing at stake is our future! SRPs: Getting Involved… Getting Strong We are pleased to announce that the 2015 Tarrytown Regional Office SRP Conference will take place on March 20 and 21 at the Dolce Norwalk. Conference materials were recently sent out. The conference is a great opportunity to acquire useful information while sharing war stories with your colleagues throughout the region. If you have any questions, contact your LRS. In addition to the Tarrytown Regional Office SRP Conference, please be advised that our two national affiliates, AFT and NEA, will also be holding their conferences in the upcoming months. 2015 NEA ESP Conference – March 6-8, 2015 www.nea.org/esp 2015 AFT PSRP Conference – April 16-19, 2015 www.aft.org/event/aft-pre-health-safety-and-psrp-conference Attending these conferences will give you a chance to develop a greater perspective of how people from across the country deal with the same issues you may see in your workplace, and to anticipate what’s coming down the road. As an added incentive, NYSUT is willing to offer a financial incentive to attend. NYSUT is again encouraging and supporting local participation in these important conferences by offering to subsidize the expenses of one participant for each one who attends at the locals’ expense. Locals may use the NYSUT incentive for either the AFT or the NEA national conference in 2015. NYSUT will be limiting this offer to the first 20 locals state-wide who apply. We suggest that you notify us in advance that your local plans on taking advantage of this offer, to guarantee that your local is within the first 20 to receive the subsidy reimbursement. To do so, contact Jennifer Stevens at NYSUT at 800-342-9810 ext. 6356 or by email: [email protected]. The Edge is a news service for NYSUT members and may be copied or duplicated as needed. For more information contact the NYSUT Tarrytown Regional Office at (914) 592-4411, visit our Facebook page: www.facebook.com/nysutTRO, or follow us on Twitter: @NYSUTTRO. The Edge Editorial Board Marc Laffer – Editor Sarah Arbitrio, Tom Casey, Courtney Corey, Ken DeStefano, Eric Marshall, Jackie Morrissey, Amanda Velázquez