MEMORANDUM OF AGREEMENT
Oct 6, 2005 2:08 PM
MEMORANDUM OF AGREEMENT (the 'Agreement') entered into this day of October 2005 by and between the Board of Education of the City School District of the City of New York (the 'Board') and the United Federation of Teachers, Local 2, AFT, AFL-CIO (the 'Union') modifying certain collective bargaining agreements between the Board and the Union that expired on May 31, 2003, as set forth more particularly below.
IN WITNESS THEREOF NOW, THEREFORE, it is mutually agreed as follows:
1. INTRODUCTION
The collective bargaining agreements between the Board and the Union which expired on May 31, 2003, covering the titles and/or bargaining units set forth in paragraph 3, below, shall be replaced by successor agreements that shall continue all their terms and conditions except as modified or amended below.
2. DURATION
The terms of the successor agreements shall be from June 1, 2003 through October 12, 2007.
3. WAGES
The salaries and rates of pay for the employees in the bargaining units covered by this Agreement are set forth in and attached hereto as APPENDIX A, but the specified increases in salaries and rates of pay shall apply only to incumbents on payroll as of September 12, 2005 or after, as well as employees who retired any time during the term of the Agreement. They cover the following titles and rates of pay:
- Teacher
- Teacher's Assistant
- Teacher Aide
- Educational Assistant
- Educational Assistant A - I
- Educational Assistant A - I I
- Educational Assistant B
- Educational Associate
- Auxiliary Trainer
- Bilingual Professional Assistant
- Guidance Counselor
- School Psychologist and School Social Worker and related titles
- School Secretary and related titles
- Laboratory Specialist and Technician
- Mental Health Worker
- Attendance Teacher
- Bilingual Teacher in School and Community Relations
- Education Administrator
- Education Analyst/Officer
- Associate Education Analyst/Officer
- School Medical Inspector
- Director and Assistant Director of Alcohol and Substance Abuse Programs
- Registered Nurse, Occupational Therapist, Physical Therapist and related titles
- Supervising Nurse, Supervising Physical Therapist and Supervising Occupational Therapist
- Supervisor of School Security
- Adult Education Teacher
- Sign Language Interpreter
- Occasional Per Diem Teacher
- Occasional Per Diem Secretary
- Occasional Per Diem Paraprofessional
- Per Session Rate
- Coverage Rate
- Shortage Rate
- Daily Training Rate
- WNYE Differential
- Staff Development Rate
4. LONGEVITY INCREMENTS
All longevities, step increments, differentials, and other rates of pay not otherwise covered in APPENDIX A, or elsewhere in this Agreement, shall be increased by an amount consistent with the increase in the shortage area rate set forth in APPENDIX A.
5. HEALTH INSURANCE AND WELFARE FUND
The Health Benefits Agreement, dated July 22, 2005, is deemed to be part of this Agreement. The side letter agreements between the City Commissioner of Labor Relations James F. Hanley and UFT President Randi Weingarten, dated June 30, 2004 and July 13, 2005, are deemed to be part of this Agreement.
6. PENSION AND RETIREMENT PROGRAM
Article 4C of the Teachers Agreement and the relevant sections of the other Agreements in which it appears will be replaced as follows:
- A Labor-Management Pension Committee will be established to investigate legislation allowing all current and future members of the TRS Tier II, III and IV to retire without a reduction of benefits due to early retirement upon age 55 with at least 25 years of service, as well as other relevant pension issues.
- The Committee will analyze the actual costs and additional contribution rates required to provide this benefit (including any additional health insurance benefit costs) without any cost to the City.
- Upon mutual acceptance of the Committee's recommendations, including plan design and costs, the parties agree to jointly support the legislation necessary to implement the benefit changes.
7. ADDITIONAL TIME
1. Teacher contract Article 6 shall be replaced and amended as follows:
A. School Day
- The school day for teachers serving in the schools shall be six hours and 20 minutes and such additional time as provided for below and in the by-laws. The gross annual salary of employees covered by this agreement will be increased in accordance with the salary schedules herein.
- The parties agree, effective February, 2006, to extend the teacher work day in “non Extended Time Schools” by an additional 37 _ minutes per day, Monday through Thursday following student dismissal. Friday's work schedule will be 6 hours and 20 minutes. The 37 _ minutes of the extended four (4) days per week shall be used for tutorials, test preparation and/or small group instruction and will have a teacher student ratio of no more than one to ten. In single session schools, the day will start no earlier than 8:00am and end no later than 3:45pm.
- Multi-session schools that cannot utilize the additional time in this manner due to space or scheduling limitations will have a 6 hour 50 minute day.
- In District 75 buildings and District 75 self-contained classes in other school sites, the school day will be 6 hours and 50 minutes unless the principal and chapter leader agree to schedule the time as set forth in paragraph 2 above; however, in this event the teacher to student ratio will be no more than 1 to 5. Non-District 75 self contained classrooms shall have either a 6 hour and 50 minute day, a 6 hour and 57 _ minute day Monday through Thursday and 6 hour and 20 minute day on Friday, or if the time is utilized as set forth in paragraph 2 above the teacher to student ratio should be no more than one to five.
- Existing faculty and grade conference time should be used for professional development.
- On professional development days, the school day shall be 6 hours and 50 minutes.
B. Expedited Appeal Group Size
In order to ensure that the maximum number of students is not exceeded there will be an expedited arbitration procedure to allow the UFT to seek both a cease and desist order as well as monetary penalties for exceeding the small group instruction size limit. The procedure will be the same as that currently used under Article 22B7 and 22G. These expedited arbitrations shall not count toward the 140 arbitration dates.
C. Work Year
All teachers shall report to their schools to begin work on the Thursday preceding Labor Day for a professional day, and will also have a professional day on the Friday preceding Labor Day and on Brooklyn-Queens day. Part of the time on the days before Labor Day will be allotted to classroom preparation. The Tuesday following Labor Day shall be an instructional day. Teachers shall be in attendance on duty thereafter on all days of the school year except for the last two weekdays of the month of June. The official school year calendar shall provide a one week February mid-winter recess which includes Washington's Birthday, without reducing the number of instructional days for students. In no event, however, shall the number of days worked in any school year under this work calendar be fewer than the number of days teachers would have worked had they reported, as before, on the Friday after Labor Day and worked through the last weekday in June.
D. Other Titles
The following titles shall have their work day and work year extended in the same manner as Teachers: Teacher's Assistant; Teacher Aide; Educational Assistant; Educational Assistant A-1; Educational Assistant A-II; Educational Assistant B; Educational Associate; Auxiliary Trainer: Bilingual Professional Assistant; Bilingual Teacher in School & Community Relations; Occasional Per Diem Teacher; and Occasional Per Diem Paraprofessional.
Education Analyst/Officer, Associate Education Analyst/Officer; Director and Assistant Director of Alcohol & Substance Abuse Programs, Mental Health Workers and Education Administrators shall have their lunch periods reduced by 10 minutes.
School Psychologists and Social Workers shall work an additional 10 minutes per day. School Psychologists and Social Workers shall report for regular workdays on the Thursday and Friday before Labor Day. School Psychologists and Social Workers shall report on Brooklyn-Queens day for professional development.
School secretaries shall have one 10 minute break eliminated per day. In addition, school secretaries shall report for regular workdays on the Thursday and Friday before Labor Day. School secretaries shall report on Brooklyn-Queens Day for professional development. Per diem secretaries shall have one 10 minute break eliminated per day.
Guidance Counselors, Attendance Teachers, and Teachers of the Homebound shall have their workdays extended by 10 minutes, and report the Thursday and Friday before Labor Day and Brooklyn-Queens Day for professional development.
Lab Specialists shall have their relief period reduced by 10 minutes and report the Thursday and Friday before Labor Day and Brooklyn-Queens Day for professional development.
Adult Education Teachers shall have 10 minutes of preparation time added to their workday and report the Thursday and Friday before Labor Day Brooklyn-Queens Day for professional development.
SOS Teachers and New Beginnings Teachers shall report to the Thursday and Friday before Labor Day and Brooklyn-Queens Day for professional development.
Teachers in ETS shall report on Brooklyn-Queens Day for professional development.
8. CIRCULAR 6R
1. Modify Article 7A, 7B, 7C, and 7K and Circular 6R to reflect the following agreed terms:
The menu of activities to be offered to each teacher shall be from among the following:
- Small group instruction (not to exceed 10 students)
- One to one tutoring
- Advise student activities such as clubs, teams or publications
- Perform student assessment activities (including portfolios, performance tests, IEPs, ECLAS, etc.)
- Professional development/prepare staff development workshops and demonstration lessons
- Common planning time
- Conflict resolution for students
- Cafeteria Duty
- Schoolyard Duty
- Hallway Duty
- AM Bus Duty
- PM Bus Duty
- Homeroom
- Provide inter-disciplinary articulation
- Develop multi-cultural curriculum
- Develop Programs to integrate technology into the daily life of the classroom
Teachers performing homeroom fulfill the requirement of the professional period. Teachers selecting AM or PM bus duty will use their professional activity period as a preparation period.
Any teacher who wishes to participate in a professional activity not listed on the above menu may, upon approval of the principal, select such an activity.
The number of available positions for each activity and the qualifications and responsibilities required for each activity shall be set by the principal in consultation with the Chapter Leader. Each spring, but no later than April 15th, the principal shall meet to consult with the Chapter Leader on the number of positions for each menu item. Should the Union believe the number of positions for administrative activities set by the principal is inappropriate, or should a teacher believe a selection decision is in violation of the agreement, the Union may appeal to the Chancellor. The Chancellor or his/her designee will consult with the Union President, or his/her designee, prior to issuing a decision on the appeal. The Union may appeal the decision of the Chancellor or his designee within 15 days to the NYC Office of Labor Relations, which will issue a final and binding decision.
Teachers shall select each spring (following the timeframe for program preferences listed under Articles 7 A, 7B, 7C, and 7K in the CBA) in priority order, (3) activities from the menu they want to participate in for the following school year. The principal shall make assignments based on qualifications and availability of positions. If more teachers seek particular activities than positions are available, the principal shall select the most qualified teacher(s); and if the candidates are equally qualified the candidate with the most school seniority will be selected. To the extent possible each teacher shall receive one of the three (3) activities for the following school year. If this is not possible, the teacher will be given the opportunity to select (3) additional choices, one of which will be granted, subject to qualifications, and unless sufficient teachers do not choose a particular activity. If sufficient teachers do not choose a particular activity with any of their six (6) choices, the Principal will assign teachers to these activities on a rotational basis in inverse seniority order with no teacher being involuntarily assigned to an administrative activity for consecutive years.
For the 2005-2006 school year, the principal shall meet to consult with the Chapter Leader on the number of positions for each menu item for the spring 2006, and the menu will be issued for teachers to select preferences by December 23, 2005. Teachers shall be notified of their assignments by January 13, 2006 and begin their assignments on the first day of the Spring Semester.
Teachers new to the school system and those teachers in danger of receiving an unsatisfactory rating may be assigned by the principal to professional development or common planning as their professional activity, regardless of their preferences, to further enhance their teaching skills. A teacher in danger of receiving an unsatisfactory rating who is assigned to AM or PM bus duty may be assigned by the principal to professional development or common planning as their professional activity in lieu of AM or PM bus duty. Teachers hired in the fall will be offered three choices by the principal from the menu.
Each teacher shall be notified in writing by the principal prior to the end of the school year, pursuant to Articles 7A, 7A, 7C, and 7K of the collective bargaining agreement, of the activity they have been assigned for the following school year and it will be incorporated as part of his/her program.
Teachers serving in compensatory time positions, pursuant to the SBO process (defined in articles 7A, 7B, 7C and 7K of the CBA and Circular 6) shall continue to do the work of their position during their professional periods (except to the extent the SBO specifically states otherwise) and must at the beginning of each term submit to the principal for approval a plan for the use of their professional periods.
Teachers serving as athletic coaches, pursuant to Article 15 of the CBA, and receiving per session for such activity, shall be permitted to use their professional periods to further the work of their activity, and must at the beginning of each term, submit to the principal for approval a plan for the use of their professional periods.
Any teacher may grieve the failure to follow the terms of this provision pursuant to the regular grievance and arbitration provision of the agreement, however the assignment of particular activities hereunder shall not be grievable. The Union may challenge the assignment of a particular activity by appealing, within 15 days, to the Chancellor/designee, who will consult with the Union prior to rendering a decision. The Union may appeal the decision of the Chancellor/designee to the New York City Office of Labor Relations, which will issue a final and binding decision.
9. TRANSFERS AND EXCESSING
1. Article 18 A, B, C and F are deleted and replaced with the following language:
Effective school year 2005-2006, principals will advertise all vacancies. Interviews will be conducted by school-based human resources committees (made up of pedagogues and administration) with the final decision to be made by the principal. Vacancies are defined as positions to which no teacher has been appointed, except where a non-appointed teacher is filling in for an appointed teacher on leave. Vacancies will be posted as early as April 15 of each year and will continue being posted throughout the spring and summer. Candidates (teachers wishing to transfer and excessed teachers) will apply to specifically posted vacancies and will be considered, for example, through job fairs and/or individual application to the school. Candidates may also apply to schools that have not advertised vacancies in their license areas so that their applications are on file at the school should a vacancy arise.
Selections for candidates may be made at any time, however, transfers after August 7th require the release of the teacher's current principal. Teachers who have repeatedly been unsuccessful in obtaining transfers or obtaining regular teaching positions after being excessed, will, upon request, receive individualized assistance from the Division of Human Resources and/or the Peer Intervention Program on how to maximize their chances of success in being selected for a transfer.
Unless a principal denies the placement, an excessed teacher will be placed by the DOE into a vacancy within his/her district/superintendency; or if such a vacancy is not available, then in a vacancy within his/her region. The DOE will place the excessed teacher who is not so placed in an ATR position in the school from which he/she is excessed, or in another school in the same district or superintendency.
2. Article 18G (1 - 4) shall remain in effect. The remainder of 18G is deleted.
3. In addition to the relevant provisions above, Article 17 shall also be modified to include the following:
Teachers identified as being at risk of being excessed at the commencement of the following school year will be informed of this no later than June 15, or as soon as is practicable if identified as being at risk of excess after June 15. The deadlines for excessing teachers will continue to be governed by applicable law.
10. MATERIAL IN THE FILE
Article 21A5 shall be deleted and replaced with a new Article 21A5 to read as follows:
Members may not grieve material in file. However, the teacher shall have the right to append a response to any letter. If disciplinary charges do not follow, the letter and response shall be removed from the file three years from the date the original material is placed in the file.
The following issues shall not be the basis for discipline of pedagogues: a) the format of bulletin boards; b) the arrangement of classroom furniture; and c) the exact duration of lesson units.
Article 22C shall be modified to exclude Material in File grievances.
