Hey, something is a little better than nothing! A smidgen better? I agree, the ATR situation needs a total overhaul.
Editor, NYC Rubber Room Reporter
Editor, New York Court Corruption
Editor, National Public Voice
Editor, The NYC Public Voice
Rule 11B is the 2011 ATR agreement. It includes weekly rotation but does not include one day rapid fire termination hearings for ATRs or automatic resignations if an ATR misses two interviews or second class status for an ATR who survived a termination hearing. It is a step up.
Here is Rule 11B in its entirety from the contract:
(2) An Excessed Employee sent to a school for consideration for placement shall meet with a Principal or Assistant Principal. For non-school based employees, the term “Principal or Assistant Principal” shall refer to the equivalent supervisory title.
(3) If the Principal denies the placement, and the vacancy remains, the DOE shall send a second Excessed Employee in the district/superintendency with the appropriate license to be considered for placement. Such Excessed Employee shall be the most senior in the district/superintendency who has not previously been sent for consideration for placement. No school shall be required to consider for placement more than two (2) excessed employees in a term. For purposes of this Agreement, a “term” shall be from September to January 31 or February 1 through of the end of the school year.
(4) If the DOE notifies an Excessed Employee of the school he or she is being sent to for consideration for placement before the school year begins, he/she may choose to meet with the supervisor before the school year begins if a mutually agreeable time can be arranged. The DOE shall inform Excessed Employees that are notified subsequent to the start of the school year as soon thereafter as reasonably possible of the school to which he/she is being sent for consideration for placement.
(5) Notwithstanding the above, an Excessed Employee who has not been sent for consideration for placement shall be sent for consideration for placement prior to an Excessed Employee with the same license who has been excessed in a subsequent term, even if the subsequently excessed employee has more seniority.
(6) No release by an Excessed Employee’s current Principal/Supervisor shall be required if a Principal/Supervisor accepts the Excessed Employee for placement.
(7) The Principal or Assistant Principal shall meet with the Excessed Employee/ATR for consideration for placement during the regular work day. No supervisor shall prevent the Excessed Employee/ATR from attending such meetings. If Excessed Employees/ATRs fail to appear at a school for consideration for placement when properly notified, the DOE shall have fulfilled its obligation to the Excessed Employee/ATR under this section, except if the Excessed Employee/ATR has a reasonable excuse. If reasonably possible, the Excessed Employee/ATR shall notify the Principal of his/her inability to attend.
It is expressly understood that the obligation in this Rule 11(B) to send Excessed Employees/ATRs for consideration for placement or to cover vacancies, leaves or long term absences in their license area shall only apply to BASIS ATRs within the borough in which the school they were originally excessed from is located.
The parties agree that starting in October of the school year, the Joint Oversight Committee (the “Oversight Committee”) will meet monthly, and at each meeting the DOE will provide reports on the number of ATRs/Excessed Employees by license and district, the number of ATRs/Excessed Employees in long term assignments and the number of leaves commenced at the start of each month. The parties also agree to discuss any and all particular issues concerning the implementation of this or Rule 11(B) at these Oversight Committee meetings.
It is the intent of the parties to resolve issues relating to compliance with this agreement through the operation of the Oversight Committee. The UFT agrees that issues will be raised at the Oversight Committee prior to the commencement of any union initiated grievance or arbitration. The DOE agrees that should the committee agree about an issue of non compliance, the Division of Human Resources and Talent will reach out to DOE Staff and/or the school to ensure compliance. If a particular issue at a particular school warrants further intervention, the Deputy Chancellor for the Division of Talent, Labor and Innovation will intervene with appropriate DOE staff to ensure compliance with this agreement. At any time after an issue has been brought to the Oversight Committee, upon five (5) days written notice to the DOE, the UFT may proceed with a union initiated grievance. The DOE will issue a memorandum to schools outlining all the changes above and share a draft of the memo with the UFT for consultation purposes before issuing. This memo will be issued prior to the start of 2012-2013 school year.
d. Nothing in this Agreement is intended to alter or change the right of a principal to temporarily utilize an Excessed Employee/ATR in a vacancy and, if both the Principal and the Excessed Employee/ATR agree in writing at the end of the school year, to staff the employee to fill the vacancy in the school pursuant to this Rule 11(B).