MEMORANDUM

Memo To:   All Buffalo Teachers

From:         Rich Nigro, President, BTF

Date:          December 6, 2023

Subject:     Teaching Six Classes and Unassigned Preparation Periods

As the practice of assigning a 6th class to secondary academic teachers continues throughout Buffalo Public Schools, we want to provide guidance regarding scheduling and your contractual right to an unassigned preparation period and lunch time.

The assignment of a 6th class does not preclude a teacher from being entitled to an unassigned preparation period or lunch under Articles VIII A.(2) and X A. of the BTF contract. Once a 6th class is assigned, it is incumbent upon teachers to ensure that their schedules still have a preparation period. If a teacher’s only preparation period has been replaced with an additional class, we recommend you speak with your building delegate and administration to rectify the issue and return your unassigned preparation period.

As a reminder, teachers are only guaranteed one unassigned preparation period per school day. If a teacher previously had two preparation periods and one is now a 6th teaching assignment, Article X A. has not been violated.

We met with members of the BPS Human Resources Department and the BPS General Counsel to confirm that administrators would be advised on the requirement for unassigned preparation periods and duty-free teacher lunches. Following that meeting, the Chief of Human Resources, Tami Hollie-McGee, shared the newly-updated policies and procedures regarding this matter in the November 14, 2023 Administrative Weekly Bulletin. This notice to all administrators confirmed how 6th classes for secondary academic teachers will be assigned and guarantees that such assignments will not infringe on the unassigned preparation period or the teacher’s lunch. Click HERE to view it.

If you are an academic teacher in grades 7 through 12 who has been assigned a 6th class and you do not have at least one unassigned preparation period or a lunch period, please reach out to your building delegates and, if necessary, your LRS at the BTF office.

MEMORANDUM

Memo To:   All Buffalo Teachers

From:         Rich Nigro, President, BTF

Date:          November 29, 2023

Subject:     Class Overage Payments

How are class size overage determined in an Integrated Co-Teaching classroom? The question of how Article IX (Class Size) of the BTF contract applies to Integrated Co-Teaching Classrooms has been a dispute between the District and the Federation for many years and has led to dozens of outstanding grievance arbitration matters. Thankfully, this question has finally been answered.

In his recent award in PERB Case No. A2019-324, Arbitrator Richard N. Chapman brought clarity to this question, resolving many outstanding grievance arbitration matters between the District and the Federation. Specifically, Arbitrator Chapman awarded the following:

1. Integrated Co-Teaching Classrooms in the Buffalo Public Schools are composed of both students without disabilities and students with an Individualized Education Plan (IEP) requiring an Integrated Co-Teaching classroom. These classes are taught by both a General Education Teacher and a Special Education Teacher.
2. A class size overage exists for the General Education Teacher in the Integrated Co-Teaching Classroom when the combined total number of students without disabilities and students with an IEP requiring an Integrated Co-Teaching Classroom exceeds the maximum class size set forth in Article IX of the Collective Bargaining Agreement. 
3. The maximum number of students with an IEP requiring an Integrated Co-Teaching Classroom on the roster for Integrated Co-Teaching is twelve (12) students.
4. A class size overage exists for the Special Education Teacher in the Integrated Co-Teaching Classroom when the number of students with an IEP requiring Integrated Co-Teaching on the roster is in excess of twelve (12) students. 
5. Class size overage payments pursuant to this agreement will be calculated according to Appendix G of the Collective Bargaining Agreement.

Our Labor Relations Specialists are working with the District to identify all the outstanding grievance matters on this subject, and ensure that the affected teachers in those grievance matters are compensated appropriately according to Arbitrator Chapman’s award.

MEMORANDUM

Memo To:   All Buffalo Teachers

From:         Rich Nigro, President, BTF

Date:          November 28, 2023

Subject:     Severe Weather Conditions (Snow Days)

Due to the severe weather conditions that some parts of WNY received, several teachers have called the BTF asking if they need to use a personal day if inclement weather precludes them from getting to work. Please see below.

SEVERE WEATHER CONDITIONS (“SNOW DAYS”)

Question: Do I call in sick or take a personal day if I cannot make it to work because of severe weather conditions?

Answer: DO NOT call in sick and DO NOT use a personal day. When you call your school, tell them that severe weather is preventing you from reporting.

ARTICLE XXXIII (A) states: Teachers shall receive pay for absence on account of abnormally severe weather conditions in the Buffalo Metropolitan Area when certified by the Principal or Division Head and approved by the Superintendent of Schools.

The above means that you should not lose sick or personal time NOR should you be docked pay.

When you do report to school submit an “Application for a Short-Term Absence Leave From Regular Duty” form (personal leave form).

Complete the top; check the box “with no absence charges, away on Board Business”.

Under the Reason for Request, describe your particular circumstances. For example, “There was a travel ban and drift preventing me from getting out of my driveway” or, “I ran off the road within 100 feet of my house” etc.

Roads do not necessarily have to be closed or impassable. However, the weather has to be severe enough to prevent your safe passage to your Buffalo school assignment. Schools being closed in your home district is NOT in and of itself a valid reason for your absence from duty. Over the years, there have been many grievances that have ended up in front of an impartial arbitrator. Below is part of an arbitrator’s award on a “snow day” grievance.

“In particular, the precise issue is whether a snowdrift which makes it impossible for the Grievant to get out of his driveway comes within the ‘severe weather conditions’ provision. Undoubtedly, (the teacher’s*) absence on the day in question would seem to fall under any reasonable interpretation of the phrase ‘abnormally severe weather conditions.’ A four-foot high snowdrift is obviously caused by ‘weather conditions’, and the fact that (this teacher*) could not… extricate himself from his driveway would certainly indicate that the condition was ‘severe’. This argument is strengthened by the fact that the Pembroke School System, the district in which (the teacher*) lives, was closed on the day in question. Moreover, the closing of nearby school systems also supports the argument that there was ‘severe weather conditions’.

Thus, the grievance is sustained, and the District is ordered to grant (this teacher’s*) request for ‘severe weather conditions’ pay under Article XXXIII (A). Furthermore, the personal day which he was forced to take should be returned to him.”

If you have any questions, call BTF before you submit your personal leave form. Please keep a copy of your completed form and send it to the BTF.

MEMORANDUM

Memo To:   All Buffalo Teachers

From:         Rich Nigro, President, BTF

Date:          January 4, 2024

Subject:     Highmark Letter Regarding Immediate Care

Some members have received a letter from Highmark stating WNY Immediate Care is no longer in their BC/BSWNY provider network (click HERE). We reached out to the BPS Benefits Office for an explanation. They, in turn, contacted Highmark who acknowledged this as a mistake, and they are in the process of recommunicating with those who were issued this letter in error.

To be clear, Immediate Care IS still in the Highmark BC/BSWNY provider network. Any member who receives a letter stating otherwise should disregard it.

MEMORANDUM

Memo To:   All Buffalo Teachers

From:         Rich Nigro, President, BTF

Date:          February 6, 2024

Subject:     School Budgets

There has been much discussion about both the District’s 2024-25 budget as well as school-based budgets. While some administrators have told teachers about potential reductions-in-force within buildings, no decisions have been made at this point. The state budget must be adopted by April 1st. That will determine the amount of education aid BPS receives and will be the driving factor when it comes to staffing.

The BTF leadership will be traveling to Albany in early March to join NYSUT in lobbying the State Legislature for additional aid. Our efforts to secure funding in the past have been successful and we are hopeful that this year will be no different.

We met with District officials yesterday and clarified the long-standing practice of the parties in the event that there are reductions-in-force within buildings. Please note that a reduction-in-force is different from a layoff. In the latter case, there would not be a job available for the teacher anywhere in the District. The District has advised us that layoffs are not expected.

We have prepared detailed guidelines about common questions that may arise regarding reductions-in-force and the distinction between the two different types of seniority (BTF Contractual Seniority and Commissioner’s Seniority). Once we receive the seniority lists from the District (usually by late spring), we will share them with you. Please CLICK HERE to view the information and who may have protection against a reduction-in-force. We will keep you informed as we receive more information about the District’s budget and its potential impacts.

Guidelines Regarding Reduction-in-Force within a Building

• In all cases involving a reduction-in force, BTF Contractual Seniority is used. “Commissioner’s Seniority” is used only for the purpose of a layoff.
• If there is a reduction-in-force, the principal must canvass for volunteers to accept the reduction-in-force. If no one volunteers, the bullets below apply.
• If there is a reduction-in-force in your building, you have payroll location rights to a classroom assignment in your tenure area at your current location provided you have more BTF Contractual Seniority than the least senior teacher in that tenure area.
• If there are two TOSA (teacher on special assignment) positions with the same title, and one position is reduced, the more senior TOSA has the right to the title.
• If a TOSA position is reduced, the TOSA has payroll location rights to a position within his/her tenure area in the building provided the TOSA has more seniority than the least senior teacher in that tenure area.
• If a TOSA has the least seniority in a particular tenure area and there is a reduction other than the TOSA position in that tenure area, the TOSA would be reduced and the least senior teacher in that tenure area would also be reduced. The newly-open TOSA position would be posted and filled subject to the interview process.
• If a TOSA position is reduced and that TOSA is not on the school’s payroll but is instead assigned to City Hall, the TOSA does not have the right to remain at a particular school but instead would automatically be included in the transfer process.