MEMORANDUM

Memo To:   All Buffalo Teachers

From:         Philip Rumore, President, BTF

Date:          February 1, 2021

Subject:     Court Hearing

While Judge Emilio Colaiaovo denied or request for an immediate Temporary Restraining Order, he did issue a decision that there will be a full hearing on Friday, February 5, 2021 to determine whether he will issue a preliminary injunction on our motion to halt the reopening of the Buffalo Public Schools.

There will be testimony from individuals relating to the conditions in the schools.

1. In preparation for that hearing, our attorneys have requested the following:
   Teacher’s name, position held, school they are assigned to, and that the teacher reported to work THIS week in-person.
2. Work conditions in their classroom or school that they observed that were not safe – these should correspond to the information requested by the BTF on 10-14. So, an example is perhaps, a teacher who reported to school and there was insufficient PPE provided to adequately protect the staff such as no face masks, no sanitizer spray for classrooms, no gloves, etc. (Info Demand #5)
3. Did the teacher take any pictures of the unsafe working conditions? If so, we will need the teacher to keep those pictures so that he or she can “Authenticate” them in court to show that they were taken by the actual teacher (not someone else) THIS week.
   
4. Would the teacher be classified by the CDC as being a person more “vulnerable” to the COVID-19 virus due to any underlying medical conditions? Have they sought an accommodation? (This is determinative – but does help)
5. Big question – IS THE TEACHER WILLING TO TESTIFY?
6. If so, are they available on Friday?

If you are willing and can do the above, please email This email address is being protected from spambots. You need JavaScript enabled to view it. and your LRS (Click Here).

PR:su

MEMORANDUM

Memo To:   All Buffalo Teachers

From:         Philip Rumore, President, BTF

Date:          February 2, 2021

Subject:     Updates

Court Updates
We are preparing for the hearing on Friday to determine whether Judge Colaiacovo will approve our motion to keep schools closed until an arbitrator can hear our grievance relating to unsafe conditions in our schools.

Thank you to those who have responded to our request for information that can be used to demonstrate the unhealthy and unsafe conditions for all, and especially those who have serious underlying health conditions and have been denied an accommodation.

Please continue to forward said issues to your LRS and This email address is being protected from spambots. You need JavaScript enabled to view it.. (Click Here)

Please indicate your school.

Unacceptable Comments
Many teachers have advised us of their anger relating to comments made by Superintendent Cash yesterday, e.g.

• The reason that not as many students arrived at school as anticipated was the “fear mongering” that was going on. What an insult to parents who kept their children home for safety or any other reason.
• In reference to teachers, “The great majority want to be here. There is just a handful that listen to their leadership”.

In other words, teacher are not wanting to return because they don’t want to risk their, their students’ or others’ lives, they are just listening “to their leadership”.

Having worked with the Superintendent, I must admit, these are surprising and disappointing statements.

In response to the above and other inquiries, now that you have been back, would you please complete the attached short survey (Click Here).

Other Districts
We always hear that other Districts are open, why not Buffalo? There are no problems there.
Some other districts, unlike Buffalo, report COVID-19 cases daily to all parents and staff in the District. For example, (Kenton School District) (Orchard Park School District) (Williamsville School District).

Even if there is only one (1) case, that is one too many if it could have been prevented.

Imagine a child having to live with the guilt of having caused serious harm or death to a parent, grandparent or another.

That is hard for an adult, but for a child?

False Unemployment Claims
We have been informed that as a result of a data breach, a person or persons are filing false unemployment claims on behalf of Buffalo District employees.

HR is aware of this and you should be contacted if you are one of said persons.

Thank you again for all that you are doing to ensure a safe education for our students, parents, staff and community.

Please stay well. Take no chances.

MEMORANDUM

Memo To:   All Buffalo Teachers

From:         Philip Rumore, President, BTF

Date:          February 4, 2021

Subject:     Reminder - Important Short BTF All Teacher Survey

Please complete and encourage your colleagues to complete, the attached all teacher survey.

https://www.surveymonkey.com/r/GL5DTV5

If you have not completed a survey since February 2, 2021, please do so. We need updated information.

We know you are very busy. When you have a chance, please complete it when you can.

Thank you.

Please stay well. Take no chances.

MEMORANDUM

Memo To:   All Buffalo Teachers

From:         Philip Rumore, President, BTF

Date:          February 9, 2021

Subject:     Updates

Court Case
As of today, February 9, 2021 at 4:30, we have received no notification of a decision.

Incidents of COVID-19 Cases
We remain concerned with the number of COVID-19 cases reported in our schools, the delay in notifying parents and staff of cases and the accuracy of some reports (websites).

While observing privacy concerns, please report any known/suspected incidents of COVID-19 to your LRS and This email address is being protected from spambots. You need JavaScript enabled to view it..

Student Attendance
Dr. Darren Brown-Hall advised the District Re-opening Committee that 85% of the students scheduled to report, have reported.

We would like to verify that.

Please complete the attached survey (Click Here).

Possible Release Time for Vaccination Legislation
We were just notified that the State is finally considering legislation that would provide up to four (4) ours paid release time for employees to receive the COVID-19 vaccine (up to twice). We are pushing to have it retroactive.
We should hear soon.

Legal Action – Accommodations
NYSUT has assigned about four (4) attorneys to work on both individually rejected cases and the District’s overall callous treatment of teachers applying for accommodations.

They are nearing the end of reviewing the current cases and will be proceeding soon. They will also continue as needed.

District Request for Labor-Management Meeting
Nathaniel Kuzma for the District has suggested that there be Labor-Management meetings with individual unions. Our response to him, the Superintendent and other Union Presidents:

“In response to your February 7, 2021 correspondence to union presidents suggesting a Labor-Management meeting, it appears that you are suggesting a meeting with each union president.

Since the serious issues we face, are in large part common and often overlap different employees and employee bargaining units, we believe that said labor-management meetings should include all union presidents.
In this way, there can be a sharing of various important issues with the District and each other and an opportunity to discuss ways to address them together.

Please advise us if this is acceptable to the District and some possible dates and joint Labor-Management meetings.

We look forward to meeting together to address and continue to address the serious issues we all must address and resolve.

Tax Information
From NYSUT - The IRS just announced that eligible educators can deduct unreimbursed expenses for COVID-19 protective items to stop the spread of COVID-19 in the classroom under the $250 educators’ expense tax deduction. And don’t forget, if you itemize, you can deduct union dues from New York State taxable income.

BTF – Also check with your tax advisor.

Sick Days – Note From Doctor
As a result of a long standing arbitration, a policy/procedure requiring a physician’s “note” for the use of a sick day is a violation of the contract.

For example, a principal can not state that for every illness entered in AESOP by a teacher, a doctor’s note is requested and must be submitted.

The administrator has a right to request a doctor’s note for your absence when you take a sick day, not before as a policy.

What has/has not happened at a school does not override the arbitration.

Past practice exists when there is no clear contract language or there is not an arbitration decision on the issue.

Advise your LRS if this occurs.

In addition - Now with what is happening, you do this?

Please stay well. Take no chances.

MEMORANDUM

Memo To:   All Buffalo Teachers

From:         Philip Rumore, President, BTF

Date:          February 11, 2021

Subject:     Court Update/Other Issues

Court Update
We have just received notice that Judge Emilio Colaiacovo has denied our motion for a preliminary injunction to prevent the District from requiring teachers to attend schools in person until an arbitration can be held on our grievance that the schools are unsafe.

However, he scheduled a further conference to discuss the merits of our petition.

“Because Petitioner has failed to meet its burden to demonstrate that it is likely to succeed on the merits as to the arbitration or that there exists irreparable harm or a balancing of equities in its favor should in-person schooling resume, the relief requested must be denied. The totality of the evidence does not justify injunctive relief. Instead, Respondents have satisfied all CDC and State guidelines to re-open. Further, the proactive steps taken by Respondents adequately address recommendations made by clinicians that advise in-person learning can occur without treat of significant transmission of the virus. See generally “Exhibit #18”. As such, Petitioner’s request for a preliminary injunction is hereby DENIED.

The Court hereby schedules a further conference to discuss the merits of the Petition now that the preliminary injunction has been denied. Counsel shall be available on March 9, 2021 at 2:00 p.m.”

While we obviously disagree with the decision and as our attorneys examine it, we will continue to move forward and leave no stone unturned, no battle unfought, to ensure that our schools are and remain safe for our students, parents, staff and of course, ourselves.

Even one case of the virus is too many.

Stay Tuned.

District Statement on Travel
A 2/11/2021 Document (and previous one) states;

“Before you travel notify your Principal/Supervisor of your travel plans as well as your quarantine plan”

We have been advised by NYSUT that the District cannot require this and that teachers can refuse to provide said travel plans and quarantine plans.

There is nothing in our contract or law that allows for this.

Letter to Superintendent and Board Regarding COVID
Attached, please find a copy of our latest letter to the Superintendent and Board relating to COVID procedures. (Click Here)

Personal Days/Sick Days
There continue to be questions relating to personal and sick days.

Personal Days (See Article XXIX, A, pages 79-80):

In short:

A.  Five (5) days for “observance of traditional and customary religious holidays” and “urgent personal business which cannot be performed during non-school hours subject to the following conditions:”

1)  converted to “the teacher’s sick leave accumulation on July 1st”.

2)  “may not be taken on the day before or the day after a holiday unless a request, specifying the reason, is made and approved.”

3)  “For days other than those specified above, the teacher shall sign a statement certifying that such personal leave is being taken to conduct urgent personal business which cannot be performed during school-hours.”

In other words, you are not required to give a reason unless the day(s) are the day before or the day after a holiday.

5)  “Whenever possible, advance notice of forty-eight (48) hours shall be given before the use of a personal day.”

Please stay well. Take no chances.

PR:su

MEMORANDUM

Memo To:   All Buffalo Teachers

From:         Philip Rumore, President, BTF

Date:          February 12, 2021

Subject:     Pre-Recess Updates

Another District Attack
Some teachers have been advised that they can not take a personal day after the mid-winter recess. They have to take an unpaid leave.

In addition to this being typically vindictive, it is a clear violation of our contract as per our last email.

And no, you do not have to provide a reason unless it is on “the day before or the day after a holiday”.

And you do not have to give forty-eight hours notice before using a personal day.

Once again:

Personal Days (See Article XXIX, A, pages 79-80):

In short:

A. Five (5) days for “observance of traditional and customary religious holidays” and “urgent personal business which cannot be performed during non-school hours subject to the following conditions:”

1) converted to “the teacher’s sick leave accumulation on July 1st”.

2) “may not be taken on the day before or the day after a holiday unless a request, specifying the reason, is made and approved.”

3) “For days other than those specified above, the teacher shall sign a statement certifying that such personal leave is being taken to conduct urgent personal business which cannot be performed during non-school hours.”

In other words, you are not required to give a reason unless the day(s) are the day before or the day after a holiday.

5) “Whenever possible, advance notice of forty-eight (48) hours shall be given before the use of a personal day.”

If denied, advise us. It will be grieved and we will win.

Substitute Teachers
In response to the District’s (Human Resources’) claim that there are 800+ substitute teachers available, the following correspondence was sent to the Superintendent and Board. (Click Here).

The District Log of COVID-19 Cases
In response to questions, the link for the daily log is https://www.buffaloschools.org/page/96927.

I-Prep and MST were added today. MST, 1 Staff and I-Prep, 2 Staff.

Also, see today’s Press Release. (Click Here)

Please try and get some very well deserved rest. You deserve that and more for all that you are going through and what you are doing for your students.

Stay well. Take no chances.