MEMORANDUM
Memo To: All Buffalo Teachers
From: Philip Rumore, President, BTF
Date: December 14, 2022
Subject: Update - December 14, 2022
Fact-Finding
Thank you to those who expressed wishes for a speedy recovery for our fiscal witness from Albany.
He is still ill, but recovering from his severe case of COVID.
We have rescheduled Fact-Finding for Wednesday, January 4, 2023. Our expert will have a back-up ready in case he has a relapse.
There are ongoing subcommittee discussions with the District on some issues that we believe can be resolved.
At Fact-Finding, the Fact-Finder has indicated he will ask questions of both sides relating to issues he wants clarified before making his recommendations for a settlement. His recommendations will be made public and both sides will take a position on them. We will, of course, keep you informed.
Picketing
The Council of Delegates decided that, for many reasons, there should be no picketing before the December 21, 2022 Board of Education meeting.
Depending on the timing, our next major demonstrations will be after the Fact-Finder releases his report, the next Board meeting, or as events transpire.
We urge all teachers to participate.
The Board, Media and the public do respond.
Starting/Ending Times
The ball is in the District’s court. When their MOU was overwhelmingly rejected by Buffalo teachers, we sent correspondence to the District outlining some of your concerns. (Click Here)
To date, we have received no response.
Remember, any such agreement will have to be approved by you.
We will oppose any legislation or action by the Governor to provide for the overriding of our contract.
We have been in contact with NYSUT and others. Apparently, neither the Governor or her staff are interested in granting such unprecedented powers. This is a local issue that must be resolved locally through negotiations.
If there is any attempt by the District, we will, as we have in the past, immediately file a grievance and go to court seeking an order to cease and desist until an arbitration has been held and a decision rendered.
While we hope it won’t come to this, we are ready.
Hopefully, this and our contract will be resolved quickly and amicably.
Yes, we will remember the Common Councils actions.
SLO’s/Observations/Evaluation
There was apparently confusion on the date SLOs were to be completed. You should have received correspondence from the District advising you that the correct date is January 13, 2023. Please review the complete section relating to evaluations on the BTF website, http://www.btfny.org/index.php/member-information/appr-information. If you have problems, please contact your LRS. (Click Here)
Right to Representation
Under the NYS law, you have a right to have a representative from BTF headquarters with you when meeting with an administrator could in any way lead to you being disciplined, terminated or in any way affect your personal working conditions.
You have a right to refuse to answer any questions without representation.
When such a meeting takes place, inform the administrator of this and contact your LRS (Click Here), who will arrange for a meeting.
Do not have a BTF Delegate Chairperson, Delegate, etc. be your representative. That is not their responsibility.
We are reprinting “wallet cards” for all teachers with this and information relating to being assaulted. As soon as they are received, we will send them out.
When in doubt, call your LRS/BTF.
Teachers Being Called to Office, Etc.
Teachers, when they believe it’s appropriate, e.g. when confidentiality is not an issue can ask why they are being called to the office or a meeting.
In addition, the following sections of the contract may apply.
XI, L. pg. 23 Classroom interruptions shall be permitted only in case of urgency. Persons other than Board of Education personnel shall be allowed to enter classrooms only with prior consultation with the classroom teacher.
XVI., A. pg. 34 Parent-Teacher conferences are desirable and encouraged. Parents desiring conferences with teachers shall make requests through the Building Administrator. Upon granting such request the administrator shall arrange that such conference shall be scheduled when the teacher is not supervising pupils. If this is not possible, appropriate relief shall be provided for the teacher.
Non-Board personnel shall not be authorized to enter a classroom unannounced during teaching periods or at other times when the teacher has responsibility for pupil supervision.
Doctor’s Statement for Absence for Illness
A long-standing arbitration and past practice has established that the District, including principals can not establish a policy relating to when a physician’s statement must be provided by a teacher, e.g.
A policy such as “if you are absent on a Friday or if you are absent before a holiday or if you are absent too often, you must provide a physician’s statement.” is unacceptable.
If such a policy is instituted, call your LRS. Over the years, once administrators are advised of this, the procedure is rescinded.
Also, if you are asked for a physician’s statement when you return, if you haven’t gone to one and are well, it can’t usually be produced.
Most administrators are very understanding and are looking to work together, not nitpick.
If this is a problem, call you LRS.
Shortage – Soap/Sanitizer
Please advise us if you are experiencing a shortage of soap or sanitizer in your schools/site. We have heard that there are problems. Please email This email address is being protected from spambots. You need JavaScript enabled to view it. with any problems.
We understand that a shipment of soap was delayed but should be in schools by Thursday.
MEMORANDUM
Memo To: All Buffalo Teachers
From: Philip Rumore, President, BTF
Date: December 12, 2022
Subject: Fact-Finding
We were notified this morning that our fiscal expert from NYSUT/Albany who was to testify tomorrow, December 13, 2022, on the financial condition of the District and other financial and statewide comparisons, has a severe case of COVID. He can’t even sit up. Therefore, he will be unable to participate.
He has expressed his sincere apologies. He will be with us as soon as possible.
We have advised the Fact-Finder and District and will advise you of the new date for Fact-Finding.
While we were ready to testify tomorrow, we will seek to gather even more information to demonstrate the great disparity with other districts and the great resources available to the District.
We will not take any chances.
PR:su
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: December 8, 2022
Subject: Negotiations
With Superintendent Tonja M. Williams at negotiations, the negotiating team agrees that there was significant movement made today and therefore another Vote of No Confidence for the Superintendent and the Board should not be taken.
We will be meeting with the Fact-Finder on December 13, 2022, at which time he will seek answers to questions he has and explore issues.
He will then make non-binding recommendations on what he believes provides a fair contract settlement.
We are scheduling subcommittee meetings on issues that we believe may be agreed to.
We have also left open the possibility of full negotiating team meetings before the Fact-Finder’s recommendations are received, if warranted.
Stay Tuned.
PR:su
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