MEMORANDUM

Memo To:   All Buffalo Teachers

From:         Philip Rumore, President, BTF

Date:          January 4, 2023 

Subject:    Negotiations Update - Highmark BC/BS Coverage 

Fact-Finding
The BTF negotiating team, including Peter Applebee, our NYSUT Financial Analyst, met with the Fact-Finder and the District’s team.

The Fact-Finder presented both sides with questions on all aspects of negotiations and recorded the answers to his questions.

It was agreed that the District would provide the data on which its calculations were based and other information by Tuesday of next week (January 10, 2023). There would also be conversations between BTF and District financial analysists to attempt to reach consensus on financial issues/cost.

The BTF and District would then provide written submissions to the Fact-Finder on Friday, January 13, 2023.

He will then review them and the information he received today to issue his recommendations for a settlement. He gave no timeline.

Once his non-binding (on either side) recommendations are made, they will be made public.

Each party usually agrees with some and disagrees with others.

We will, of course, send them to all teachers.

We will continue to have informal meetings with the District in an attempt to settle some issues on which we are close to agreement before the report is issued.

We will continue to keep you updated.

Once the report is issued, we will update you on the timing of actions we will take (Picketing, etc.).

Stay tuned, stay strong.

Highmark BC/BS Coverage
We have been advised that some teachers are being denied healthcare services using the new insurance cards that Highmark BC/BS recently sent out. We have been in contact with the District on this matter and they have acknowledged the problem. We are working with the District to remedy the problem as soon as possible and will keep you advised.

MEMORANDUM

Memo To:   All Buffalo Teachers

From:         Philip Rumore, President, BTF

Date:          January 11, 2023 

Subject:    Updates – Negotiations, Highmark BC/BS Problems, Wallet Cards

Negotiations
As per our last correspondence, the BTF and District will be submitting documentation required by the Fact-Finder on Friday, January 13, 2023. Unless he has further questions, based on our meetings and submissions to him, he will make his non-binding recommendations.

How long that will take is dependent on the number of issues he has to review.

Our guess is two (2) – three (3) weeks.

Fact-Finding
We have again received questions relating to the fact-finding process.

As per our previous correspondence, here is an overview:

Q: What is fact-finding?
A: Following a Declaration of Impasse, PERB will appoint a fact-finder to assist in the resolution of a Collective Bargaining Agreement, typically following mediation sessions. The fact-finder is appointed through PERB. If either party, or both, feels that further mediation efforts will not bring about an agreement, the party/parties may so inform the Director of Conciliation, in writing, and request the assignment of a fact-finder.

The fact-finder, after designated and appointed by PERB, inquires into the causes and circumstances of the impasse, along with the positions being advanced by the parties on the disputed issues, through oral and/or written testimony, exhibits, briefs, etc. The fact-finder may hold a hearing to receive such evidence. The fact-finder may also conduct a limited amount of mediation.

Q: Is fact-finding binding?
A: No. The fact-finder is empowered only to make public recommendations for resolving the impasse. Either party is free to accept or reject the fact-finder’s report and recommendations, in whole or in part. The report and recommendations are made public five days after their transmission to the parties.

Q: Can a Mediator order fact-finding?
A: No. The Mediator may suggest that fact-finding is an appropriate next step when the parties are at impasse, but fact-finding typically follows the request of one or both parties. PERB’s Director of Conciliation makes the determination regarding the assignment of a fact-finder, following the request by one or both parties, and will likely consult with the mediator when making a determination whether or not the assignment of a fact-finder is appropriate.

Q: Can one side refuse?
A: There is no clear precedent on this issue, as far as we can determine. Once a fact-finder is assigned, the fact-finder is empowered to issue a public report. If one party refuses to participate, the fact-finder could issue a report reflecting that one side refused to participate, likely siding with the other side that decides to participate.

In addition, should one side refuse or otherwise fail to act in good faith in negotiations at any point in time, including during fact-finding, that could be considered an improper practice for bad faith bargaining.

Q: Is there a time frame?
A: No. The fact-finder has discretion on how to proceed, and the timeline can vary significantly based on a variety of factors. The fact-finder may hold mediation meetings or proceed to a hearing to issue a report, which may include testimony and/or written submissions and briefs. The statutory framework encourages further mediation before issuing a report. Once the fact-finder has received the facts and arguments from both sides, the fact-finder will issue a non-binding written report.

Problems with BC/BS Coverage
The problems some are having in securing Highmark BC/BS coverage is not just a District problem; it is impacting BC/BS participants in many other organizations.

We have released this information to the media to increase the pressure to rectify the problems.

Please keep track/receipts, etc. of any expenses you incurred as a result of the above problems. We will take action to have you reimbursed.

“Wallet Cards”
We have reprinted what are referred to as “Wallet Cards”. Many already have them; however, to ensure that everyone still does, we are distributing them again this and next week.

Please keep them in your wallet as they contain important information on your representational rights when questioned/meeting with an administrator, i.e. You have a right to have a representative from BTF headquarters present when you are questioned.

In addition, it contains your rights when assaulted/menaced by a student. 

BTF/Buffalo Bills Solidarity Day
In addition to showing our continued solidarity for each other, we encourage teachers to not only wear BTF items but also Buffalo Bills items in support of the Bills and especially Damar Hamlin on Friday, January 13, 2023.

Not even Friday the 13th can undermine our solidarity and support for each other and the Bills.

“Go Bills”

Support for Ukraine
In February 2022, you generously donated to support the people of Ukraine. One hundred percent (100%) of your donations went directly to the refugees displaced by the conflict in Ukraine.

Please consider donating again to fund winter clothing for soldiers that are fighting in the trenches on the front line.

We received this link from one of our teachers. Please use the link below to donate. Your help is appreciated.

https://givesendgo.com/McGrewCrew?utm_source=sharelink&utm_medium=copy_link&utm_campaign=McGrewCrew

MEMORANDUM

Memo To:   All Buffalo Teachers

From:         Philip Rumore, President, BTF

Date:          January 24, 2023 

Subject:    BTF Billboards

BTF has purchased four billboards which are up and located throughout the City of Buffalo. The billboards (Click Here) will inform the public as to why the Buffalo teachers deserve a fair contract now.

We will also be placing advertisements in newspapers and Facebook directing readers to www.faircontractnow.org providing further information.

The locations of the four billboards are:

1. Inbound Kensington Expressway West near Bailey Ave
   · Billboard faces east
2. Outbound Kensington Expressway East near Michigan Ave
   · Billboard faces west
3. Inbound I-I90 North near Chicago St
   · Billboard faces East
4. NY 198 near Grant Street
   · Billboard faces North

MEMORANDUM

Memo To:   All Buffalo Teachers

From:         Philip Rumore, President, BTF

Date:          January 24, 2023 

Subject:    Problems with Highmark

As you may know, the problems that many had in receiving required coverage under Highmark BC/BS involved organizations in addition to the Buffalo Teachers Federation and other District employees.

We are seeking a New York State and Federal investigation of the causes, how those who were adversely impacted will be compensated and how it will be prevented in the future.

We will also be working with others to file a class action complaint against Highmark BC/BS.

Please provide us with information relating to the problems you encountered recently relating to being denied the coverage for which you were entitled from Highmark BC/BS. As always, names will not be released.

Please email all information to Sierra Umhauer at This email address is being protected from spambots. You need JavaScript enabled to view it..

MEMORANDUM

Memo To:   All Buffalo Teachers

From:         Philip Rumore, President, BTF

Date:          January 17, 2023 

Subject:    Negotiations, Highmark BC/BS Problems, Wallet Cards

Negotiations
We submitted our documents to the Fact-Finder on 1/13/2023. It included updated statistics on the District’s excellent current and future financial position.

As you know, the Fact-Finder will review all documents and the information he received at our 1/4/2023 meeting.

The timeline is usually two (2) to three (3) weeks depending on the number of issues. Once it is released:

a) It will be made public and sent to all teachers.
b) We will resume negotiations, usually with a PERB representative.
c) We will schedule pickets, etc.
d) We will schedule an emergency meeting of the Executive Committee and Council of Delegates for appropriate action if serious problems occur.

Our billboards have been ordered. They should go up next week. (Click Here)

We will also be placing ads in local newspapers and on Facebook. We will email State and local leaders etc. (faircontractnow.org).

Lack of Highmark BC/BS Coverage
In addition to the Buffalo Public Schools, many organizations’ members encountered problems (some serious) with their coverage with Highmark BC/BS.

We have been in contact with other organizations, District and non-District, to investigate filing a class action lawsuit against Highmark BC/BS.

In addition, we are asking for a New York State and Federal investigation. (Click Here)

You will be receiving a BTF survey to determine and document the issues. (Stay tuned)

Wallet Cards
The “wallet cards” were distributed at the Council of Delegates meeting and also sent via the “Pony”. Please read it and put it in your wallet or some place readily available. If more are needed, call the BTF.

MEMORANDUM

Memo To:   All Buffalo Teachers

From:         Philip Rumore, President, BTF

Date:          January 17, 2023 

Subject:    Vote on Fact-Finder’s Report – February 2, 2023 / Thank You Superintendent Williams

There still seems to be some confusion on the rejection of the Fact-Finder’s report.

As was stated previously, we will be resuming negotiations with the District.

Rejecting the Fact-Finder’s report does not mean that some of the recommendations aren’t close to being acceptable. Some are close. As you read the report/recommendations, you will find that, as he said in the beginning, “these recommendations are as proposed by the District”.

As per the request of teachers, here is a copy of the District’s first salary package dealing with 2019-2026. It also includes Healthcare, transfer procedures, coaching, summer hiring, length of school year and scheduling proposals. (Click Here)

Salary 3/17/2022

Healthcare 3/17/2022

• Reduces providers
• 20% Payment (Current teachers and future retirees)
• Removes keeping retiree contributions as they were at retirement
• Removes retiree healthcare for teachers hired after 7/1/2022

Teaching Load and Schedules 3/17/2022

Increases numbers of weeks teachers must work from 42 weeks to 44 weeks.

Increases the teaching load (time) of special area teachers (Art, Music, Physical Education and Foreign Language) who are also teaching elementary students from 240 minutes to 255 minutes.

As you can see, we have made progress from this “proposal”.

This has come as a result of your support through picketing, votes and solidarity.

Now having the Superintendent at the negotiating table has helped.

We are obviously not there yet.

With your continued solidarity and support we will resolve the remaining issues.

Let there be no doubt.

Thank you again to those who have already voted. Let’s have a strong vote to show all that we are united and strong… as always.