MEMORANDUM

Memo To:   All Buffalo Teachers

From:         Philip Rumore, President, BTF

Date:          June 1, 2021

Subject:     Updates

Negotiations
We have been contacted by the PERB mediator who is working to clarify the positions of the BTF and District.

APPR
There is still no word on the APPR legislation on which we are all working to have signed. Both the New York State Senate and Assembly passed it overwhelmingly.

The Governor now has to request the legislation and sign it or veto it.

We have enough votes to override a veto if necessary. We don’t think that will be necessary; however, one never knows.

Ransomware
We have filed with the New York State Attorney General (Click Here) and are awaiting the District’s response to our “Notice of Claim” filed on May 22, 2021. We will be proceeding with litigation to open separate negotiations on damages, future protections, etc.

Virtual Graduation – Reminder
As was announced at the Council of Delegates meeting, the Executive Committee has, as we did last year, approved our participation in virtual graduations (Click Here).

If you haven’t already received an invitation, call Tamara Walter from WUTV/WNYO at (716) 447-3221.
The station will bill the BTF for $1,500 toward the event. This covers the cost of 30 minutes. Some schools are using school funds to pay for a full hour.

It is interesting to hear that some schools are doing both virtual and in-person graduations, as they want to have a video copy of their graduation to keep as a remembrance.

Summer School
We have requested clarification on the summer school hours, schools, programs, etc.

Apparently, the large influx of funding has caused the District to re-examine the programs.

Reminder – Juneteenth Holiday
Please remember that this year’s school calendar now includes Juneteenth, June 18, 2021, as a holiday.

MEMORANDUM

Memo To:   All Buffalo Teachers

From:         Philip Rumore, President, BTF

Date:          June 7, 2021

Subject:     Mass Confusion – Never a Dull Moment / SBF Update

By now, you have heard that masks are still required in schools as per the most recent guidelines.
Many have asked what caused the confusion.

• Attached (Click Here), is the letter from New York State Commissioner of Health, Howard A. Zucker to CDC Director, Rochelle P. Walensky.

Many interpreted it as rescinding the mask requirements in New York State schools.

• On Sunday, New York State Education Commissioner, Dr. Betty A. Rosa issued the statement contained in the attached NYSUT correspondence (Click Here).

• As you know, Superintendent Cash also issued a statement (Click Here).

Most do not like having to wear a mask; however, our efforts have kept the pandemic in check in our schools. We will never know the number of lives saved or serious harm prevented due to our efforts. Even one is enough.

The Superintendent makes some good points in his correspondence.

With only three (3) weeks left, and after all the difficulties, challenges, uncertainties, and discomforts we have and still need to overcome, let’s continue to, as we always do, put as our priority, the safety and well-being of our students, parents, staff and community.

SBF Update – Dental
As per a previous update, for about a year now, we have been working to update our SBF Dental Plan and Operation. As you know, our reimbursements are different, e.g. family, yearly and lifetime limits, etc.

We have been working with a local company who has worked with us and a major provider, Delta Dental.

Since we have cumulative benefits and limits and some work to finish, implementation should begin in January 2022.

Teachers will still be able to use the old plan; however, there will be substantial savings for using the very extensive Delta Dental network.

In addition, teachers will only need to show an identification card or cell phone application.
For those choosing the network, there should no longer be delays in processing claims.

As soon as all details are worked out, we will send you information on the new and improved plan. It has taken a while to work out. We’re sure you will agree that it was worth the wait.

We apologize for the delay in processing SBF claims that the pandemic has obviously caused. Not only did it result in decreased personnel in the SBF office, but it also caused sharp fluctuations in providers’ “office” hours and teachers seeking treatment.

Please stay well. Take no chances.

PR:su

MEMORANDUM

Memo To:   All Buffalo Teachers

From:         Philip Rumore, President, BTF

Date:          June 14, 2021

Subject:     Updates

Negotiations
The PERB Mediator has suggested June 24, 2021 as a date to resume negotiations. We have advised him that we have cleared our calendars and agree to that date.

We are awaiting the District’s response which we hope will be in agreement.

Attempts will be made to use a facility in which we can meet in person.

We are awaiting a decision (it’s been two months) on our Improper Practice (IP) relating to the District’s refusal to begin negotiations for 2-3 months.

In addition, we are awaiting a hearing date with PERB on our Improper Practice (IP) charge of bad faith negotiations. The District withdrew one of its counter proposals that we agreed to.

For years we have fought for substantially increased funding, e.g. Foundation Aid. We have finally succeeded in securing it, i.e. 50% this coming year, 75% the following year and 100% the next year. Therefore, it will continue.

In addition, Federal Funding is available and must be used by 2024.

Our goal – a contract not just comparable to those in surrounding districts, but better than them.

As per previous emails, teaching and learning conditions – yes; but also, substantial salary (retroactive) increases, continuing to decrease time to reach maximum, etc.

With your continued solidarity, we will achieve our goals.

APPR
The APPR legislation that was signed eliminated the requirement for districts to complete an APPR for contract/tenured and probationary teachers. We will continue to fight their use and inclusion in teachers’ files.

• We did not negotiate virtual APPRs.
• The Document submitted by the District to NYSED stated that they would be done in-person.
• Administrators were not trained in procedures for virtual APPRs.

How pathetic it is to try to inflict an APPR on teachers during these unprecedented, stressful and difficult times.

IEP Time
Article XXIII, I. States, (pg. 42-43)

“Individuals with Disabilities Act (IDEA)
By first using the resources available in the school and other resources if deemed necessary and authorized by the District, the District shall provide planning time for teachers to complete the Individualized Education Plan (IEP) forms. It is understood that such planning time may be full or half days of released time when classes are otherwise is session.

Feel free to show the above to your administration. If you are refused, please contact your LRS (Click Here).

Cyber Attack
We are awaiting a response from the New York State Attorney General to our correspondence relating to the Cyber Attack on the District.

In addition, we have filed legal action against the District for refusing to negotiate the implications to and impact on teachers.

Email – Teachers with Each Other
There has been much discussion relating to a motion that was referred by the Council of Delegates to the BTF Technology Committee.

The committee is to research the following.

• Resolved that the Buffalo Teachers Federation will obtain a quote from the PCA Technology Group who the BTF has already vetted, hired and currently employees in the reconstruction and maintenance of the current BTF website, to create an email system to allow the membership to communicate with each other.
• Resolved the BTF will report to the Council of Delegates the information obtained from the PCA Technology Group by the October 2021 Council of Delegates Meeting.

The concerns related to “to create an email system to allow the membership to communicate with each other.”

Note: PCA did not reconstruct and does not maintain the BTF website. One of our tech savvy secretaries did and does.

Please stay well, take no chances.

MEMORANDUM

Memo To:   All Buffalo Teachers

From:         Philip Rumore, President, BTF

Date:          June 25, 2021

Subject:     Updates

Negotiations Updates
We met with the mediator on Thursday, June 24, 2021 to clarify our respective positions and procedures.
The next date he has available is Tuesday, July 27, 2021. We will meet all day.

We all realize that a contract can be settled in a day or two.

The District has agreed that our goal is to have a new contract in place prior to the opening of school in September. Stay Tuned.

Buffalo Educational Support Team (BEST) – Teacher Aide/Assistant Contract
Teachers have inquired about the new teacher aide/assistant contract.

You have no doubt read that the Teacher Aides/Assistants and Board approved a contract (Click Here) that eliminates retiree healthcare insurance for newly hired teacher aides/assistants after the ratification of the agreement (c. ii, pg. 10 of 13). Note: Apparently not all members have health insurance.

They were without a new contract since the expiration of their 2012 agreement.

We congratulate BEST members on a new contract.

Since for legal reasons, I must be careful what I say, making such a concession is something many teachers have opposed in the past since they believe:

• It sets up divisions between membership with this benefit and those, when they become members, without the benefit.
  
• As the number of members without the benefit becomes large the divisions and resentment grow.
  
• The BTF should look out for future members as well as current members.
  
• The benefit is what attracts candidates and keeps teachers from leaving.

There are other reasons that teachers have opposed such concessions.

Legally, we can not refuse to negotiate any such proposals; however, we retain the right to agree or not agree with them.

Primary Election
As you know, of our endorsed candidates, the biggest upset was India Walton’s victory for Mayor of Buffalo.

Her number one priority will be education. She has publicly called for:

• Increased funding for our schools
• A fixed percentage of City revenue for our schools. (Rochester has one)
• A cap on Charter Schools.
• Smaller class sizes, more student support services.

And in an interview question relating to education, she said that we can’t just talk about schools. We have to discuss the issues in the community that are giving rise to the problems the students are bringing into the schools.

How often have you heard that from an elected official… and she means it.

We look forward to working with her.

Oh and yes, as you also have read, Carl Palidino is urging the business community and others to mount a write in campaign for the Mayor.

What does that tell you?

Summer Programs Available Through NYSUT
As your Statewide union, NYSUT has placed a strong emphasis on professional learning. We know you are continually looking for training opportunities relevant to your professional needs. With that in mind, we have created the NYSUT Western New York Learning Academy to provide our teacher and school-related professional members with high-quality seminars that will enhance your knowledge, give you the tools necessary to become the best that you can be within your profession and that satisfy the Continuing Teacher and Leader Education (CTLE) hours requirement for teachers and Level III teaching assistants. These seminars offer a wonderful and valuable benefit for NYSUT members.

WE wish we could offer this professional learning in-person but until it is deemed “safe” we will be offering it through video conference.

The NYSUT Western New York Learning Academy has scheduled 2-hour and 3-hour seminars each month. Summer seminars will be held from July through August and will begin at 10:00 a.m. (except for the DASA Seminars). The seminars were selected because of their broad appeal and their focus on the identified needs of teachers and school-related professionals in this area. Please click HERE to see the course catalog.

While the number of participants is limited for some offerings, you are welcome to attend as many seminars as you can fit into your schedule. NYSUT is absorbing the cost for the seminars. Seminars will not run with less than 10 registrants. Therefore, please consider your registration as your commitment to attend.

The NYSUT Western New York Learning Academy will be all on-line for the Summer 2021. The Education & Learning Trust (ELT) will provide the instructors for the high-quality professional learning experience.

Registration for the seminars will be completed through Frontline Education. The hyperlink below will take you to the NYSUT WNY Learning Center seminar offerings.

https://elt.nysut.org/learning-centers/western-new-york

Participation will be on a first come/first serve basis. At the completion of the seminar, participants will be asked to complete an online evaluation. Once the evaluation is completed and paperwork is processed by ELT, you can then print out a CTLE certificate about two weeks after the training. Because these classes meet SED requirements for CTLE hours, the registration asks for a social security number.

Six Flags Darien Lake is once again offering discounted tickets to NYSUT members. NYSUT Days are scheduled for July 5 – July 30, 2021. Members can use their tickets for any ONE day during these weeks. They pick the day that is most convenient for them. Tickets are valid for the Theme Park AND Water Park and are a $36.00 SAVINGS. You will also receive FREE Parking (a $20.00 value)! Park hours are 11:00 am to 9:00 pm.

Cost of tickets: $23.99 each (regular price $59.99)

ALL Tickets must be purchased online at http://www.sixflags.com/darienlake

Click the Enter Promo Code on the top right for the home page: enter the promo code NYSUT.

Please stay well. Take no chances. We will be here if you need us.

MEMORANDUM

Memo To:   All Buffalo Teachers

From:         Philip Rumore, President, BTF

Date:          July 2, 2021

Subject:     Updates

Teacher Transfers
We are going into arbitration regarding teachers being required to meet with principals prior to being transferred to a school.

Regardless, teachers have a right to transfer to a school based upon their contractual rights if they so choose.
If you encounter problems, contact your LRS. (Click Here).

Transfers are covered on pages 30-33. The contract is also on the BTF website, www.btfny.org.

If you have lost your hard copy, call the BTF (716) 881-5400 and we will mail you one.

Summer School
If you encounter problems, please contact your LRS. While much time and effort has gone into the programs, we expect that there will be problems. We are here to help. Remember, summer school positions are first based on summer school seniority. See pages 24-25 of the BTF contract.

Extended Pay
For those who have signed up for the BTF Extended Pay Plan, the checks will be mailed as follows:

• one (1) check – July 16, 2021
• two (2) checks – July 16 and August 13, 2021
• four (4) checks – July 16, July 30, August 13 and August 27, 2021

For those who have signed up for direct deposit, these are the dates of the deposits. Some banks take a while to post deposits.

If there is a general problem, we will notify all teachers.

If, after a reasonable time, you have not received your payment, call the BTF. Too often teachers have moved and we don’t have their correct address. If you have moved, please email This email address is being protected from spambots. You need JavaScript enabled to view it..

Mayor’s/India Walton's Statements to Reporter
Many teachers have called to express their concern relating to Mayor Brown calling a reporter, who was asking questions at a press conference, a racist.

In response, here is a copy (Click Here). The reporter asking the questions, who was called a racist, is James Heaney of the Investigative Post.

Some teachers have also expressed concerns about statements India Walton has made, e.g. “This is not about making India Walton Mayor of Buffalo”. “This is about building the infrastructure to challenge every damn seat”, instead of her calling for all to come together to work together.

The BTF has made no endorsement in the November Mayoral race or other elections.

Whether to endorse or make no endorsement in these races usually occurs in September or October.

The process is – interviews and recommendations from the Political Action Committee to the Executive Committee and a final decision by the Council of Delegates.

Teachers will be notified of the schedule.

Unemployment Insurance
If you believe that you might not have a position in September, you should apply for unemployment insurance. Please remember that temporary teachers should be rehired each year by the Board if positions are available. Some temporary teachers, in previous summers, have received a certified letter from the District that indicates, in part, that it expects to be able to employ you next year. This letter is sometimes referred to as a “reasonable assurance letter”.

In the past, this letter has been used by the District in an attempt to prevent temporary teachers, who might be eligible for unemployment insurance, from receiving unemployment benefits. If you receive such a letter, and believe you will probably not be rehired, fax a copy to BTF at 881-6678, and apply for unemployment insurance.

If you apply for unemployment compensation benefits, believe you are eligible, and are turned down, appeal the determination, ask for a hearing and continue to report. List the BTF as your representative. Call us when you receive notice of a hearing date.

If you receive benefits and you are subsequently found to be ineligible, benefits are not recoverable unless you withheld information. A question asked is “Have you received any verbal or written POSSIBILITY of a job in September?” If you have received the “reasonable assurance letter” and you answer the question with a “no”, you are considered to be withholding information. Also, you will be withholding information if you subsequently receive the “reasonable assurance letter” and do not report this fact to the Unemployment Office. If you have additional questions, please call your Labor Relations Specialist at the BTF.

Please stay well. Take no chances.

MEMORANDUM

Memo To:   All Buffalo Teachers

From:         Philip Rumore, President, BTF

Date:          July 7, 2021

Subject:     Transfers – District Refusal to Grant

Once again, the District is choosing the teachers who will or will not receive transfers to the schools of the teachers’ choice.

As per our July 2, 2021 email, teachers have a right to transfer to a school based upon their seniority regardless of any meetings with principals or others (pg. 30-33, BTF Contract). Note: Contract is on BTF website. (www.btfny.org)

Any teacher denied a transfer, for which they believe they have a contractual right, should complete the attached form (Click Here), email it to the appropriate administrators(s), keep a copy and send a copy to your LRS (Click Here) and BTF, This email address is being protected from spambots. You need JavaScript enabled to view it..

We will be filing a “Federation” grievance and as is likely necessary, taking it to arbitration.

The Federation grievance will demand that the teachers wrongly denied a transfer to the school/site of their choice will be transferred to the school/site to which they were entitled.

As long as the District administrators think they will get away with doing as they wish, because teachers will accept being on the following year’s transfer list, ahead of some other teachers, they will continue to do as they please and prevent teachers from being placed where they want to go.

Yes, this may mean that some teachers wrongly placed may have to be moved. Our grievance will also demand that any such teachers be placed at the head of the transfer list.

Some teachers initially might be concerned about possibly being moved; however, when you consider how you would feel, if your rights to go to the school/site of your choosing had been violated, I am sure you would want it corrected and our contract upheld.