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 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.

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 22, 2021

Subject:     Post Recess Updates

Health and Safety Conditions
Our actions including, but not limited to, the BTF Health and Safety Assessment, correspondence to the Superintendent and Board, court action, and grievances have but one purpose – to ensure that our schools provide for healthful and safe conditions for students, parents, all staff and our community.

Yes, some in the community are angry with us; however, aside from the obvious consequences of COVID-19, can you imagine the impact on a student who had brought the virus home and it resulted in the serious physical harm or death of a parent or grandparent?

The District has begun to address the concerns you have raised and hopefully, over the winter recess, most of the remaining issues have been resolved.

To determine the extent of the corrections and what remains to be done, we have sent our BTF School Health and Safety Assessment to your Delegates and Building Committee. Please feel free to contact them with your concerns.

We may use the information in court before Judge Emilio Colaiacovo on March 9, 2021 at 2:00 pm.

Thank you as always for your cooperation.

School Calendar 2021-2022
Attached is a copy of two proposed school calendars for 2021-2022 (Click Here).

We will be seeking Council approval for one of them at the virtual meeting on February 25, 2021.

Below is an overview of each calendar.

Option A – Requires BTF Approval

• Teachers begin on Wednesday, September 1, 2021 and will also work September 2 & 3, 2021. September 1 and 2 are Professional Development days. September 3, 2021 is the day (“duty free”) to step up classrooms. Students begin on September 7, 2021, after Labor Day.
• Teachers work until June 24, 2022. Last day of classes for elementary students is June 23, 2022. Last day for high school student’s is after Regents exams are completed.
• Provides the February break that most suburban schools/BOCES will have.
• Total of 187 teacher days, one less then contractually required.
• Teachers would get their first check (half check) on September 10, 2021.
• Last check (full) would be on July 1, 2022.
• This option would need a variance from the BTF because it violates the forty-two (42) consecutive weeks provision of our CBS. It was forty-three (43) weeks.
• Incorporates five (5) snow days.

Option B – Does Not Require BTF Approval

• Teachers begin on Tuesday, September 7, 2021. September 7 and 8 are Professional Development days. September 9, 2021 is the day (“duty free”) to set up classrooms. Students begin on September 10, 2021.
• Teachers work until June 24, 2022. Last day of classes for elementary students is June 23, 2022. Last day of classes for high school students is after Regents exams are completed.
• Does NOT provide the February break that most suburban schools/BOCES will have.
• Teachers would not have off February 22-25 but instead would not work September 1-3. This accounts for 188 days vs. 187 days.
• Teachers would get their first check (half check) on September 17, 2021.
• Last check (full) would be on July 1, 2022.
• This option complies with our contract and has forty-two (42) consecutive weeks.
• Incorporates six (6) snow days.

Please stay safe. Take no chances.