Some Lessons of Previous Contract Struggles, Part 2

January 31, 2014 — 7 Comments

By Kit Wainer
Chapter Leader, Leon M. Goldstein High School

In part 1 we explored the ways in which UFT contracts have riveted the attention of union members toward their union and toward their contract. In 1995, for the first time in the union’s history, the membership voted down a contract package that UFT leaders had negotiated. Although the union was able to get a new version of the contract approved in the spring with a few minor improvements, I argued that the Unity Caucus leaders recognized that they would have to be much more active in selling any future contract, especially one with concessions. In this segment we examine the lessons of the 2005 contract – a deal which devastated members’ working conditions and rights on the job like no contract before or since. I hope that activists interested in defending our contractual rights will join MORE and help us build a movement for democratic, rank and file unionism. That way, in the future, we’ll be able to learn from past union victories rather than defeats.

I probably knew the 2005 contract would pass from the beginning but the
struggle against it seemed very promising. In the spring of 2005 we had been without a contract for 1.5 years. UFT President Randi Weingarten seemed to feel some heat to launch something resembling a fight. Teachers for a Just contract and the Independent Community of Educators, the two main opposition caucuses within the union, had won the high school seats on the UFT Executive Board the previous year and both groups were calling on the union to fight the Bloomberg administration to win us a good contract. One of TJC’s members on the UFT Executive Board proposed that the UFT should set a strike deadline for November 2005 which would have coincided with election day when Mayor Michael Bloomberg was seeking a second term. Rejecting what UFT Secretary Michael Mendel called the “worst proposal ever made to the Executive Board” the UFT nevertheless began to mobilize that spring. It encouraged chapter leaders to hold rallies outside of schools, and even highlighted those chapters that held “honor pickets”
(pickets before school at which all members walk into school as a group just one minute before the beginning of the work day), even though the honor pickets were organized by opposition chapter leaders. Every district and borough held rallies and there was a city- wide rally at Madison Square Garden in June. At one DA Randi boasted that in all the UFT organized more than 6000 actions, and her number may have been correct.

When we returned to school in September 2005, however, the only action asked of us was that we sign a postcard to Bloomberg demanding that he bargain in good faith. The UFT had asked the Public Employees Relations Board for a declaration of impasse more than a year earlier. Impasse triggered the creation of a fact-finding panel whose report came out in September 2005. The Fact-finders recommended a further extension of the work day, the creation of the 37.5 minute tutoring block, the elimination of the right to grieve letters in the file, the elimination of the right to transfer between schools based on seniority, the right of principals to decide which excessed teachers they will hire (from which the ATR crisis was born) and on and on. That month, against the objections of

ICE and TJC delegates, the Delegate Assembly accepted Unity’s proposal to accept the Fact-finders’ report as the basis for contract negotiations. By October the city and the UFT had agreed to a deal along the lines of the Fact-finders’ report. Unlike the 1995 deal, the 2005 agreement included raises, pro-rata pay increases to compensate for the

longer work day, and full retroactive pay. Members were being offered substantial pay hikes and retroactive checks that, for some, would approach $10,000.

But there was great anger. Roughly 200 protesters showed up outside the Delegate Assembly, even though no group had prioritized building the protest. Weingarten moved the Delegate Assembly to the Brooklyn Marriott so that it could pack the room with retirees and union staff. Nearly 2000 delegates attended. Randi spoke for an hour to provide “context” for the contract. Then Elementary School VP Michelle Bodden spoke for ten minutes to argue for ratification. Weingarten asked speakers in favor of the deal to line up on one side and those against to line up on the other side.
The first speaker “against” was actually a speaker in favor of the contract. She said she had a bad knee and couldn’t walk over to the “for” line. Randi let her speak nonetheless and then called on another speaker “for.” I was the fourth speaker and the first one to oppose the contract. I spoke for 7-8 minutes. My strategy was to ignore most of the justifications Randi and Bodden had just made and address the issues I knew members were talking about. After me, only two others were allowed to speak “against” before District Representative Marty Plotkin called the question. On the first vote the delegates overwhelmingly approved the deal. Then Randi, responding to shouts from the audience, asked for a vote of only active members (non-retirees). This time the vote was roughly 60-40 in favor, not a good showing for the leadership at a meeting it controlled.

Dozens of people approached me at the DA, took “vote no” leaflets to distribute to their schools, and filled out TJC coupons to get on our mailing list. We held an open meeting about a week later at which several ICE members, one New Action/UFT member, and a few dozen independents showed up. The meeting decided to organize a picket outside UFT headquarters before the membership ratification vote. I believed at the time, and still believe, that was a mistake. The priority should have been literature distribution in the schools, doing everything possible to reach out to new people who were angry about the proposed contract but had not been involved in union issues before. Those kinds of people were not the types who would show up at a rally. But the rally idea prevailed and we held one in November. About 175 people came out.

Meanwhile Unity stuffed mailboxes around the city with literature claiming the proposed contract didn’t actually mean what it said. They said that by giving up the right to transfer more teachers would have the right to transfer. They said giving up the right to grieve letters in the file was insignificant because we never won those grievances anyway. They said the new C6 assignments would always be professional activities controlled by members. At a high school chapter leaders’ meeting one District Representative said that no students would actually show up for 37.5 minutes, that this was something that would only hurt elementary school teachers.

My sense (and I admit that I can’t prove it) was that in schools where there were oppositionists (TJC, ICE, or unaffiliated) who distributed “vote no” leaflets we convinced the membership. But in the majority of schools only Unity’s deceptive literature was seen.

In late 2005 the membership ratified the contract by a 63-37 margin. Among teachers the vote was 60-40. However, the anger over the deal was significant, even among those who voted “yes.” Both TJC and ICE gained many new contacts around the city and the momentum pushed us a little closer together. We ran a join slate in the 2007 UFT elections.

Unfortunately, I think the lesson Unity learned from this was that the mobilizations it authorized in spring 2005 raised membership expectations and made the contract a tougher sell. After that the UFT called for far fewer rallies. The union, for example, has done nothing comparable in recent years even though we have been without a contract for more than four years.

My take-­‐away is that there are opportunities that come and go and are somewhat beyond our control. No one has yet shown a way to manufacture the kind of activism and engagement that the 1995 and 2005 contracts stirred up. Nor has anyone come up with a strategy to prevent that enthusiasm from fading after the contract is settled. I believe our task is to figure out how to be ready to seize opportunities when they arise and hold on to as many new activists as possible after the opportunities recede. There is no clear road map for doing this. The best we can do is learn from past experiences and try to apply those lessons to future opportunities, recognizing that the specifics of each case will be different. Activists who want to see a stronger union, one that will mobilize a larger struggle for a good contract, should join MORE so we can continue this struggle together.

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7 responses to Some Lessons of Previous Contract Struggles, Part 2

  1. 

    “Unlike the 1995 deal, the 2005 agreement included raises, pro-rata pay increases to compensate for the longer work day, and full retroactive pay. Members were being offered substantial pay hikes and retroactive checks that, for some, would approach $10,000.”

    The pay hikes STILL lagged behind inflation AND the added pay did not actually compensate for the added time! We got sold on the idea of retroactive pay lump sum, which was, after taxes, not very substantial for people who were depending on that money.

    It amazed me that when DRs came to my school and were presented with this information, they said, “that’s one way to look at it.”

    I also remember that people were lined up at least twenty people deep to speak both for and against the contract, when the question was called.

  2. 
    Adjlevin@aol.com February 1, 2014 at 7:03 pm

    Do we have an idea as to what we would like in a contract, and what is really doable in a contract. To me, 12 % over 6 years is reasonable, as front loaded as possible. ATR resolution of some sort; there are various options; feasibility of some type of buyout, evaluation and tenure modifications, and teacher/admin issues are critical.

  3. 

    We can not give up the ATR’s. I would like to see this page speak out against tenure modifications and ATR sellouts. It is clear to me that our current UFT President is 100% behind our ATR’s. I would like to see more advocacy for our members here.

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  1. UFT Contract Talk » THE CURRENT CONTRACT & NEWS - April 28, 2014

    […] Contract NYC Educators Deserve MORE FOUR Demands Lessons From Previous Contract Struggles Pt. 1 Lessons From Previous Contract Struggles Pt. 2 Contract […]

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