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.

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.

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.

There Are Two Different Types of Seniority

BTF Contractual Seniority
“Seniority” is defined as a teacher’s length of total continuous service from the date of original probationary appointment as a teacher in the Buffalo Public School System. Leaves of absence without pay shall not be counted as service for this purpose. BTF Contractual Seniority is used for determining who has greater seniority in the case of transfer and reduction-in-force.
Effective January 31, 1977, whenever temporary service has been credited toward the completion of a probationary period, it shall also be counted for the purpose of seniority.

Note: For BTF Contractual Seniority, a maximum of two years of temporary time is counted if the service has been counted towards the completion of one’s probationary appointment.

Commissioner’s Seniority
BTF Contractual Seniority is not used for layoff purposes. For layoffs, what is called Commissioner’s Seniority is used. This is as per the regulations of the NYS Commissioner of Education. In general, all years of service including temporary service in the current tenure area are counted for layoff purposes. However, once laid off, all years of service in all tenure areas count for recall from what is called the preferred eligibility list.

Note: If you previously resigned from the District and have been rehired, any seniority you may have earned when first employed was surrendered when your resignation was approved by the Board of Education. This is a regulation of NYS Education Law and not the subject of negotiations between the BTF and the District.