Perdido 03

Perdido 03

Friday, September 5, 2014

UFT, De Blasio Back To Bargaining Table On Contract

Sally Goldenberg at Capital NY:

The de Blasio administration and the United Federation of Teachers will return to the bargaining table in the coming weeks to hammer out an unresolved portion of the recently ratified contract, Capital has learned.

The two sides need to agree on how to pay union members who retired before June 30, 2014, because more teachers left than the contract had accounted for, both sides confirmed.

City Hall had set aside $180 million to pay lump sum retroactive wages to retiring teachers—a figure the union agreed to in June when it signed off on the nine-year deal that runs from 2009-2018. But the higher-than-anticipated retirement rate means the city may need to increase that total and negotiate how retroactive payments will be made to the additional retirees.

...

The union is likely to ask the city for enough money to pay all retirees 100 percent of their back wages at once—the same deal the first batch of retirees covered under the $180 million got. It is unclear whether the city will attempt to stretch out those payments over a period of years.

Capital previously reported 2,263 U.F.T. members applied for retirement in June, up from 1,484 applications in June of last year, according to figures provided by the New York City Teachers' Retirement System. (The figure includes CUNY instructors who are not covered by this contract.) 
... 

The U.F.T. deal was arguably the city's most complicated because the teachers had been without a contract since 2009 and did not receive the 8 percent raises former mayor Michael Bloomberg granted most municipal workers at that time.
In settling the contact, de Blasio's labor negotiators agreed to account for the 8 percent raises in 2 percent increments over a four-year period from 2015 to 2018, as well as pay out the retroactive cash from 2015 to 2020 in five installments, skipping 2016. Those payments will continue beyond the life of the contract.
The city insists the wages are not "retroactive" because they would not be granted to teachers who quit. Instead, the administration refers to them as "restructured payments." Teachers who opted to retire by June 30, 2014, were granted the entire back pay at once.

This is the kind of thing that happens when you negotiate a contract so complicated that it's got a hundred moving parts.

It will be interesting to see what happens in the end - does de Blasio stick to what he negotiated for the contract or does he try and weasel out?

46 comments:

  1. We already let this mayor off the hook on the 4% and 4%. We have to wait 11 years to get what most of the other got years ago. We put off the salary adjustment and lump sum payment for years. I was hoping they went back to the bargaining for more money upfront. When pattern bargaining works in the city's favor they defend. However when it works against them like the previous pattern the city cries poverty. They cannot have it both ways.

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    1. Yes, the pattern is only sacrosanct when it's in the city's/state's favor, just as contracts can never be broken - unless they're union contracts.

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  2. The new contract bent over backwards to discourage anyone eligible to retire to stay on. This was thoroughly planned, down to the stipulation that anyone wishing to see the lump sum, had to retire by June 30, thereby ending their career with just two more months of Welfare Fund prescription coverage, rather than the three months that a July 1 retirement date offers. (Members are given three final months of prescription coverage including the retirement month. A June 30 date would have June as the first month, with two months remaining. A July 1 date provides all of July, August and September)
    The UFT and DOE knew what they were doing when this deadline was put in place. Both sides knew about how many retirees would take the plunge. This contract was crafted to get the senior teachers to leave. Leave they did.
    Now the UFT and city are claiming that they didn't know this would happen.
    One more big fat lie.

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  3. Can this glitch open up a can worms for both sides? Or can something else come out of left field in the future and force both sides to open up talks again? This contract smells of corruption. Mulgrew said at the delegate assembly meeting in February that we have already earned the money during the Bloomberg years. Then he said after the contract was settled that back pay was not a right (or something to that affect). There is already a lawsuit by ex members. Can more lawsuits be coming if teachers are forced out before they get the lump sum payments?

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  4. This comment has been removed by the author.

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  5. I retired in March 2013, does this mean the promised retro pay is now threatened?

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    1. Nothing is threatened..I too am entitled since 2009 to collect that retro plus a pension adjustment effecting my CAR reserve and Social security..the ones who should be pissed off are the ones who were cornered to retire on June 30th 2014 that were promised a lump sum just like us. We will get every cent - believe me!

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  6. Just got a letter today from UFT saying September retirement payment from TRS will be an actual payment and not advanced. UFT says that this September payment is not a final amount and will be recalculated to reflect retro payments-- as the city does their work on retro pay for retirees-but doesn't indicate a date as to when it will happen.

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  7. Why would it be advanced..we all get normal retiree checks..

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  8. I retired in October 2011. I contacted UFT three weeks ago regarding retro pay and the said they don't know yet.....

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    1. I called the UFT today, Oct 29. They said that they "don't know" and "waiting for the City". Wasn't this contract signed and ratified. I retired in 2013 and I am angry. Imagine Those retired earlier, June 30, on a lie. There is a Retired Teacher Chapter meeting on Oct 7 at Broadway. I will be there, will you? If I were an in service teacher, I would worry about my 2020 retro

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    2. I live in Florida, please report the info you will be receiving at the Oct 7th meeting. thanks a lot

      Alan

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  9. I support the UFT and wonder how the 180 will be distributed .Information I read said the Doe just received the 180 million 9/30/14.
    Below is the original contract promise.
    Upon ratification, the city shall establish a structured retiree claims settlement fund in the total amount of $180 million to settle all claims by retirees who have retired between Nov. 1, 2009, through June 30, 2014, concerning wage increasing arising out of the 2009-2011 round of bargaining. The fund will be distributed based upon an agreed upon formula."
    If a formula was established did the DOE set up a formula so that the 180 million will be shared equally rather than given to just a few members? This way everyone can receive part of what was promised while plans to distribute the remainder is negotiated..Did the UFT receive information on how the 180 million will be distributed?

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  10. I do not think an agreed formula was every reached. If it was established, we would not be posting inquiries here, rather we'd be getting some kind of check and pension adjustments.

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    1. Mulgre said at yesterday's RTC General meeting that retirees should be getting the retro by Thanksgiving. I was there. Let's see if he is telling the truth.

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  11. Since Mulgrew said-"I think retro by Thanksgiving"-then I think Dec. 21(start of winter) is more than a fair deadline for retro payments since the union kept saying during those special June pension clinics-retro should be paid in a lump sum to June 30 or before retirees during the fall. If nothing happens before then, it really becomes a major embarrassment to the credibility of Mulgrew along with any future agreement between the UFT and DeBlasio, From frustration of "we don't know", this could lead to demonstrations by retirees right in front of 52 Broadway. The press (NY Post, News) would love that-but Mulgrew would have no one to blame but himself.

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  12. Well, next month at this time, we will see if Mulgrew has lived up to his word about the retroactive lump sum monies coming our way including the new pension adjustments.

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  13. The letter did not say that we would get the money by Thanksgiving. It said they were committed to "resolving " the matter by Thanksgiving. That may mean that they will disburse the money by then or provide a date or time frame during which the money will be received.

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  14. FYI
    http://www.capitalnewyork.com/article/city-hall/2014/10/8555817/city-wont-increase-reserve-retired-teachers

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  15. important information
    http://www.capitalnewyork.com/article/city-hall/2014/10/8555817/city-wont-increase-reserve-retired-teachers

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  16. THE ONLY TEACHERS THAT HAVE A CAUSE OF ACTION FOR THE FULL ONE-LUMP RETRO ARE THE NEWLY RETIRED TEACHERS THAT RETIRED AFTER THE CONTRACT WAS RATIFIED AS THEY RETIRED IN RELIANCE OF ITS TERMS. THOSE TEACHERS THAT RETIRED BEFORE RETIRED WITH NO KNOWLEGDE OR EXPECTATION OF THE RETRO NOR DID THEY VOTE ON THE CONTRACTS PROVISIONS. AS A RESULT, ONLY THE NEWLY RETIRED TEACHERS MUST BE PAID THE RETRO IN A ONE-TIME LUMP SUM. THE REMAINING REIRED TEACHERS CAN BE PAID AS THE BOARD/CITY SEE FIT.

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    1. That is Total BS where do you make your rules for the lump sum?

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  17. The contract read
    Upon ratification, the city shall establish a structured retiree claims settlement fund in the total amount of $180 million to settle all claims by retirees who have retired between Nov. 1, 2009, through June 30, 2014, concerning wage increasing arising out of the 2009-2011 round of bargaining. The fund will be distributed based upon an agreed upon formula."Upon ratification, the city shall establish a structured retiree claims settlement fund in the total amount of $180 million to settle all claims by retirees who have retired between Nov. 1, 2009, through June 30, 2014, concerning wage increasing arising out of the 2009-2011 round of bargaining. The fund will be distributed based upon an agreed upon formula."
    Legally the contract should be followed previously retired teachers worked without raises.If the 180 million is distributed everyone should get 78% of what is owed them while the 50 million amount shortage worked out and settled in the future.

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    1. The retirees are not in error. They have the legal right to 100% of those lump sums. Taking anything left just promotes future contracts to change after they are signed. It's the City and State of NY's error here. eom...

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  18. It's 10 days before Thanksgiving has anyone heard any new news on promised retro for retirees .I hope at least the UFT distributes the 180 million so that all retirees can receive part of what was promised while a plan to pay the balance owed is negotiated.

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  19. @chalkbeatny
    chalkboard said-an arbitrator decided to an additional 60 million shifted to pay all city teachers who retired after 2009-thank you UFT

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  20. IF THAT WAS TRUE MULGREW , WOULD HAVE ALREADY SENT OUT A SELF-CONGRADUALATORY LETTER TELLING US ALL HOW HE FOUGHT TO THE DEATH FOR THE RETIREE'S

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  21. Dear Al,

    I have good news to share. An arbitration decision released on Monday clears a path for paying recent retirees the lump-sum retroactive payments that you have been expecting.

    Martin Scheinman, one of the independent arbitrators who helped the UFT and the Department of Education reach a new collective-bargaining agreement last spring, confirmed that our retirees who were in service during the time covered by the contract should receive all the money they are entitled to. We have accepted his offer to find a way to adjust the contract’s terms to make up the shortfall in the settlement fund created to cover the lump-sum payments to retirees.

    Scheinman wrote that “out of a multi-year package costing billions of dollars, such modification shall not be difficult and shall be relatively minor.”

    We accept his offer to quickly work out the details. We appreciate working with the city getting this contract done, and the arbitrator will now work out this detail to make sure everyone is made whole.

    As soon as I know more, including the timeline for payments, I’ll share it with you.

    Sincerely,

    Michael
    Mulgrew

    Michael Mulgrew

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    1. "timeline for payments" does not sound like "ONE LUMP SUM"

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  22. Thank you Al for sharing your letter .Please tell us when you find out the payment schedule.

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  23. It will be posted here as the info reaches me ASAP...stay tune..

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  24. If it will take the arbitrator awhile to secure the additional 60 million to honor the contract agreement,I hope the UFT distributes the 180 million secured fund now as it could cover 75%of what each retiree was promised.As we all have waited so long already.

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  25. There is a rumor retro will not be paid till February 15th .If this is true Since the UFT has the 180 million now why can't retirees receive 75 % of our entitled reto wages immediately and the balance when the arbitrator finds the needed 60 million.We have went years without raises and now 5 months.
    contract promiseUpon ratification, the city shall establish a structured retiree claims settlement fund in the total amount of $180 million to settle all claims by retirees who have retired between Nov. 1, 2009, through June 30, 2014, concerning wage increasing arising out of the 2009-2011 round of bargaining. The fund will be distributed based upon an agreed upon formula."
    Let the formula be 75% now and the balance in February.

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  26. The city transferred to the DOE the180 million for 2009-2014 retirees September 30th.We need our union to see to it that retirees be given 75% of what we were promised now while the arbitrator arranges for the promised 60 million .There is no logical reason retirees should have to wait till February to receive a payment while there is a 180 million fund being held that was allocated .What is happening with the fund ?What are our legal rights?

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  27. LOGIC HAS NOTHING TO DO WITH THIS . YOU HAVE NO RIGHTS SINCE YOU NEVER VOTED FOR THE CONTRACT AS YOU WERE RETIRED.
    I was at the UFT retirement dinner on Tuesday. Mulgrew
    used the occaision to tout his own horn about the new contract. He proudly announced the retirees would get their retro pay in February completely forgetting he said
    everyone would be made whole by Thanksgiving

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  28. stop gripping! The monies are coming! Be grateful for a blessing we didn't have or never dreamed we had...Merry Christmas!!!!

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  29. YOU DONT NEED IT, BUT SOME OTHERS OF US VERY MUCH DO, BUT YOU STILL WANT IT,DONT YOU, OTHERWISE YOU WOULDNT HAVE READ THE ARTICE , AND EVERY COMMENT, AND THEN POSTED. SO, YOU SHUT YOUR STUPID IN-BRED RICH PIE HOLE. HAPPY HUNNUKA

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  30. LETS BE HONEST FOR A MOMENT,MOST TEACHERS ARE SELF HATEING MASOCHISTS ANYWAY, OR ELSE THEY WOULDNT ENTER OR STAY IN THE PROFESSION . SO THIS KIND OF MIS-TREATMENT IS WHAT THEY SECRETLY DESIRE ANYWAY , TO BE ABUSED OVER AND OVER,AND TO SHOW EVERYONE ELSE HOW THEY CAN ENDURE ALL THE SUFFERING HEAPED UPON THEM !!!

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  31. Just hung up with Tom Brown a most knowledgeable Trustee at the Pension Department. He was upset with Barry Goldbin for giving out misinformation over the phone that only information would be given out by the end of February. He assured me checks for retro will be distributed IN February. He was quite certain they would be delivered to your last place of employment because so many teachers relocated and the DOE does not want to have to deal with many returned checks due to change of address.Listen there will still be many naysayers but I feel confident we will have our retro pay IN the month of February finally. Enjoy the moneys when thy come for whatever purposes you have in mind for them! Consider me the giver of information which the union should be mass producing to quell our doubts!!!!

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  32. Originally our union had info sessions where Tom Brown and the borough big shots told us that we would receive our money in one shot. we went step by step calculating the increases: 4% from 2009= $104,000 another 4% from2010 = $108,000, 2011 and 2012 nothing (but salary is now $108,000). 2013 1% and 2014 1% (If you retIred in June you would receive May through August). So now add it up. $4000 from 2009 $8000 from 2010 $8000 from 2011, $8000 from 2012, $8000 from 2013 (no longer calculating the 1% raise they just gave us which was based on $100,000 instead of $108,000) and 1/3 of the $8000 for 2014 if you retired June 2014 (no longer including the 1% which we just got but was based on 100,000 not $108,000) so add it up $4,000 (2009) + $8000 (2010) + $8000 (2011) + $8000 (2012) + $8000 (2013) + $2666 (fractional part 2014 including summer). I believe the UFT will only pay us $4,000 from 2009 and ,$8000 from 2010 and forget the rest of the years we worked until 2014. thats why they took the chart down and stopped calling the 2009 and 2010 payments retroactive. They call them restructured payments so they don't have to increase our top salaries incrementally. Therefore I have a feeling we will now see a payment of about $12,000 ($4,000 from 2009 and $8000 from 2010). This will be the savings the arbitrator spoke about. At the meetings in May at the borough offices our union specifically told us that the 4% raises would be retroactive, increasing our base salaries and our pensions. Now I fear they will claim we misunderstood.

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  33. I asked questions about retro, FAS and pension retro. I also spoke one on one with Sandra March at the end. This is the info. Sandra said that retro is slated for February unless something extraordinary happens. Of course she has to add that. She said members will receive a letter as to when to pick up the check from their last school.

    As for the adjustment of the FAS, she said the actuary can take up to a year as they can process about 1,000 a month. To say the least I expressed my displeasure. She explained that they want to do it methodically and accurately because in the last buyout it was done so quickly that mistakes were made either on the high and low side which took years to rectify. People either received a check or had to pay back. I couldn't argue because this happened to my friend who received a 55,000 check six years after the buyout. Good thing she didn't owe. She also said that once your FAS is adjusted, you will receive all of your pension retro with 5% interest on the first check where you receive the pension increase.

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  34. I just got off the phone with Dermot Smith, the top pension consultant in Queens. He said that we will definitely have our money in hand by the end of February. Everything owed to us should be in that check including retro on per session. They will give us a breakdown with the check on what is included in the payment. Checks are going to be mailed to our houses. He said Sandra March is correct in her information and that Mr. Jacobson, who I spoke to yesterday, is completely incorrect. I told them to get their act together and learn to communicate with their members. He is going to call Sandra March and tell her about the incorrect information being given out to members. So......that is the last phone call for me. Dermot called me back and I am going to take his word that we will all have our money by the end of February. Call him if you want. He is in the Queens UFT office.

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  35. When will June 30 retirees be paid their lump sum? Will it be mailed to our home addresses?

    Please let me know via my personal email: Poloteacher9@aol.com

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