Betsy Combier: The UFT Calls the 3-member Panel "Historic" - I Call Them Hypocrites

After I posted on this blog the story of the UFT win and the efforts the UFT made to have a 3-member panel to decide grievances, I received many calls and emails from teachers who were very
 happy with this new procedure, and the fight that the UFT made. The UFT bigwigs said that this is an "Historic Rating Ruling" and that the UFT had fought "so hard " to get it:

"PS 90 Chapter Leader Vicky Giasemis Wins Her Grievance to Change Her "Ineffective" Rating Given by Bully Principal Greta Hawkins

PS 90 Chapter Leader Vicky Giasemis (right), whose Ineffective rating from her principal was overturned by an
arbitrator, and delegate Betty Matos outside the Brooklyn school.

Historic rating ruling

Brooklyn principal forced to change Ineffective thanks to appeals process UFT fought for"

Indeed, the article goes on to say:

"UFT General Counsel Adam Ross said the new protection against supervisory harassment was a major milestone.

“We never got ratings reversed on substance under Bloomberg, but now we have secured due-process rights for teachers in state education law,” he pointed out." 

Rubbish.

Balderdash.

The grievance process has been a scam for years. Everyone knows that.

When I worked for the UFT 2007- 2010, my office was on the 16th floor at 52 Broadway, sandwiched between Gene Rubin and Amy Arundell, both of whom gave me all the ins

Amy Arundell

and outs of UFT trials and tribulations. Randi Weingarten had hired me in August 2007, and told Adam Ross to write my agreement - to work for the UFT 14 hours/week (my choice - I did not want to work full-time). My duties were to help members, particularly those who were re-assigned (in the "rubber rooms").

UFT Attorney Adam Ross

I loved my job, and believed that I was in the right position, as I had been advocating for UFT members since 2003 in the rubber rooms of Brooklyn and Manhattan. Adam told me that I should know the UFT contract, so the staff Director at the time, Jeff Zahler gave me his copy. I memorized it.

Betsy Combier and Chris Callagy (photo by David Pakter)

How did this all start?  A former teacher at the High School of Art and Design, David Pakter, and I ended up speaking on a cable TV show moderated by a mutual friend, Dean Loren. David told me an unbelievable, but fascinating story of hundreds of teachers sitting in rooms called "rubber rooms" awaiting "trials" called 3020-a arbitration. David sneaked me into the rubber room at 25 Chapel Street, and I started talking with the teachers there. David asked me to attend as a member of the public his 3020-a, where he was represented by NYSUT Attorney Chris Callagy.

PICTURED: Back row, from left, are Greenburgh 11 stalwarts Milt Cobb, Richard Rowlands, Hedwig Broetz, Goetschius, Chris Sartory, Matt Magee and Kevin Burns. Missing from photo is Dennis Mosblech. In front row are NYSUT attorneys Chris Meagher, Chris Callagy and Conrad Lower. Photo by Deidre Drohan Forbes.

The arbitrator was Martin Scheinman (see the warm and fuzzy picture below). I like Martin, by the way.

UFT President Mike Mulgrew, Arbitrator Martin Scheinman, NYC Mayor Bill DeBlasio 

David's hearing went on for months, and I missed only one hearing day. I sat against the wall and made notes on what the attorneys were saying and doing. I wanted to learn everything there was to learn about this process. Soon, more and more teachers charged with 3020-a asked me to sit in on their 3020-a, and I always said yes. Before this time, almost no one had an open and public hearing. After I started attending, I told everyone to make their hearings public so I and anyone else could attend. More about this later in another post.

One of the rules for 3020-a arbitration hearings if charged with incompetency, was that if you asked for a 3-member panel within 10 days of being charged, you could have a 3-member panel.

On July 4, 2008, a teacher who had just been charged with 3020-a came to my office at 52 Broadway and told me that he wanted a three-member panel. I said, "Great!!"
"You received your charges 9 days earlier, so let's ask Claude Hersh, Assistant General Counsel of NYSUT, for the 3 member panel!! I was very happy to help the member get a 3-member panel, as not many people actually asked for this, and it is a right to have. I looked at his chrges, and they were for incompetency (contrary to what Claude Hersh says in his emails below)

We composed a short letter request for Claude Hersh, got into the elevator, went to the 9th floor, and tried to reach Claude. The receptionis said that he was not in, so we left the envelope and went back upstairs to my office. The member went home soon after.

Approximately 1 hour later, all hell broke loose. Claude sent me a scathing email, telling me that I violated a thousand million unwritten laws (I exaggerate to see if you are still reading) telling the member that he could have a 3-member panel. He sent this email to Randi, Adam, UFT Attorney Carol Gerstl, Mike Mulgrew (being groomed to be President), and Chief of Staff Leroy Barr, for effect.

I was stunned, but I basically am not afraid of anyone, so I wrote Claude back, challenging him to a duel. (not really). My point is, the UFT fought to remove the 3-member panel from 3020-a hearings in order to expedite teacher trials and get the guilty removed from the DOE.

I was told by the UFT VIPs that my advocacy was creating a liability for them, as everyone charged is always guilty.

This is why I don't work for the UFT anymore. I refuse to agree and not fight for rights.

Betsy Combier

Here are the emails:

Betsy Combier Files a Freedom of Information Request to Obtain the Information Given Out At The NYC DOE February 24, 2015 Secret Meeting on 3020-a Hearings

On February 24, 2015, the New York City Department of Education held a mandatory meeting at Tweed for all arbitrators and all NYSUT and Department of Education attorneys who work on 3020-a cases in NYC.

New rules on how to proceed with 3020-a arbitration in NYC were discussed.
Among those rules, which have been told to me by 5 arbitrators, are:

1. speed up the cases by doing closing quickly the last day of testimony - do not allow any time for the Respondent to get the Respondent's transcripts.

2. No character witnesses

3. Only 10 minutes for a break off the record to create questions for a witness, not 20 as stated in the former agreement between the UFT and DOE.

4. allow no time after the last witness' testimony to make closing arguments, limit closing arguments to the specifications.


5. If a party wants to go off the record, the reason and time off the record must be stated on the record.

There are many violations of arbitration, law, and policy in New York City's 3020-a which harm Respondents if you do not know where the hidden obstacles are. I dont say this to urge charged employees to settle, I am posting my comments to show you what a secret minefield has been created that anyone can overcome, if the right defense is presented. No arbitrator wants his or her name in a lawsuit or in a newspaper or blog, and I never write about any person while they are going through a 3020-a. After the hearing, as a reporter, if there has been any wrong-doing or any violation of protected rights, I will post here.

One of my goals is to expose all the prejudicial and illegal policies which diminish and harm tenured DOE employees who are brought to 3020-a either for misconduct or incompetency.

I asked a lawyer that works with me on 3020-a to send the hosts of this meeting, Adam Ross, lawyer for the UFT, Claude Hersh (NYSUT NYC) and General Counsel Courtenaye Jackson-Chase, an email, asking to be invited as a private attorney who works on 3020-a. We were going to invite all private attorneys. Here is Claude Hersh's response::

From: Claude Hersh [mailto:chersh@nysutmail.org]

Sent: Tuesday, February 17, 2015 1:32 PM
To: 
Subject: Re: Meeting February 24th

Mr.

Adam Ross, the General Counsel of the UFT, and Courtenaye Jackson-Chase, the General Counsel of the DOE, are responsible for organizing the meeting.  They are aware of your request.

Claude I. Hersh

Thank you,

CLAUDE I. HERSH

Assistant General Counsel

New York State United Teachers

52 Broadway, 9th Floor

New York, New York 10004

212-533-6300

Fax: 212-228-9253

chersh@nysutmail.org

Here is Courtenaye's response:

From: Jackson-Chase Courtenaye [mailto: CJackson-Chase@schools.nyc.gov]

Sent: Wednesday, February 18, 2015 10:37 AM
To:  Lamont Naeemah; Brantley Laura; DaCosta Dennis; chersh@nysutmail.org; Adam Ross
Subject: RE: Meeting February 24th

Good morning ,

Unfortunately we have limited space for the meeting on the 24^th, but we will hold a briefing for private attorneys in the near future.

Thank you for writing,

Courtenaye Jackson-Chase

We never heard from her again, despite a follow-up email. So I filed a Freedom of Information request:

Betsy Combier, Editor / Reporter 

NYC RUBBER ROOM REPORTER

212-794-8902
                                                        betsy.combier@gmail.com                                                                                                                                                                                                                                         March 17, 2015

 Mr. Joseph A. Baranello

Central Records Access Officer

Office of the General Counsel
New York City Department of Education
52 Chambers Street
New York, NY 10007

JBaranello3@schools.nyc.gov
FOIL@schools.nyc.gov

Dear Mr. Baranello:

Under the provisions of the New York Freedom of Information Law, Article 6 of the Public Officers Law, I hereby request to receive E-mail copies of:

1) any and all documents, letters, emails, agendas, videos, tapes, or any communications relating to invitations to the plenary meeting at Tweed on February 24, 2015 at 4:00PM.

2) All invitees to the February 24, 2015 meeting.

3)  All agendas, speakers and hosts of the February 24th 2015 4PM meeting at Tweed.

4) any and all written or recorded discussions, emails, notes, and correspondence with any participant at the meeting to/from any other participant who attended this 4PM meeting or attended another meeting either before or after the 4PM meeting.

5) any and all policy statements, directives, procedures or other information given out to any and all attending the meeting(s) at Tweed concerning this feb. 24th meeting.

If the records have been removed from their original locations, please cause a diligent search to be conducted of all appropriate file rooms and storage facilities.

If any record has been redacted, please identify which categories of information have been redacted, and cite the relevant statutory exemption(s).

If you have any questions relating to the specific record(s) or portion(s) being sought, please phone me at 212-794-8902 so that we may discuss them.

RELEVANT ADVISORY OPINIONS

www.dos.state.ny.us/coog/ftext/f13952.htm

www.dos.state.ny.us/coog/ftext/f14287.htm 

RELEVANT LOCAL LAW

As you know, the Freedom of Information Law requires that an agency respond to a request within five business days of receipt of a request.  Therefore, I would appreciate a response as soon as possible and look forward to hearing from you shortly.  If for any reason any portion of my request is denied, please inform me of the reasons for the denial in writing and provide the name and address of the person or body to whom an appeal should be directed.

                                                                   Sincerely,


                                                                   Betsy Combier

David never received any further information. But I received the acknowledgement below of my FOIL request from:

Alba Miosotis <MAlba6@schools.nyc.gov>	Mar 25 (6 days ago)
to me, Baranello, Beaufils

Ms. Combier,

Attached please find a letter concerning above-referenced FOIL request.

Mio Alba

NYC Department of Education

52 Chambers Street,

New York, N.Y. 10007

 and signed by the Records Access Officer, Joseph Baranello.

$29.95/hour is the lowest salary at Tweed? To download emails and redact?


Joseph Baranello is the very same person who sent angry emails out to his boss, Courtenaye Jackson-Chase, when I posted his facebook page and his improper, disrespectful comments about Santacon (see here as well) and the Jewish celebration of sukkot. So sad, that the FOIL office has to belittle people and is protected by the massive business known as the Department of Education. Joe should be reported to the NYC Bar.




Stay tuned.



Joseph Baranello

UFT Wins Again In The Opposition To Schools' Turnaround

Judge ends year’s turnaround saga with a fast, firm “no” to city

by Philissa Cramer and Rachel Cromidas, at 5:49 pm

UFT Attorney Adam Ross and VP Mike Mendel

The Bloomberg administration’s Hail Mary effort to shake up the staffs at 24 struggling schools fell short today when a State Supreme Court judge shot down the city’s request to move forward.

An arbitrator, Scott Buchheit, ruled late last month that the city’s hiring and firing decisions at the schools — key aspects of the Department of Education’s “turnaround” plans — violated the city’s contract with the teachers union. The schools were not closing, Buchheit ruled, so the city could not invoke article 18-D of the contract, which sets out staffing rules for schools that are shut down.

In a lawsuit filed quickly afterwards, the city contended that Buchheit had overstepped his bounds. Lobis signaled earlier this month that she thought the city was unlikely to win that argument when she rejected its request to be allowed to continue rehiring and replacing teachers at the schools while she considered its appeal.

Today, after listening to city and union lawyers lay out their cases for 45 minutes this afternoon, Lobis retired to her chambers with a warning that she might return with a decision today.

Seven minutes later, she emerged to say that she had come to a conclusion: The arbitrator’s decision would stand.

“I could spend weeks trying to tease out an erudite decision,” Lobis said, but she added that all parties sought a speedy resolution and the legal issues at stake were not complicated.

The city will appeal Lobis’s decision, according to a statement from Michael Cardozo, the city’s top lawyer.

Related Stories

Judge rules that city must reinstate staff at turnaround schools  July 10, 2012 57

City and teachers union return to court in turnaround saga today  July 24, 2012 20

Judge urges city, unions into arbitration in turnaround dispute  May 16, 2012 21

City: Turnaround staffing complaints weren’t arbitrable after all  July 3, 2012 23

Arbitrator: City used “circular reasoning” to justify turnarounds  July 6, 2012 42

“The mayor and chancellor will not allow failing schools to deprive our students of the high-quality education they deserve. Although we will of course comply with the judge’s ruling, we strongly disagree with it — and we will be appealing,” he said.

The appeal cannot be heard before the fall because the Appellate Division does not sit during the summer. That means that there is now no chance of further reversals to staffing decisions at the schools, and the arbitrator’s ruling that teachers and administrators who were cut loose can reclaim their positions will stand, according to Georgia Pestana, the city’s labor and employment law chief. She said the city’s appeal is aimed at clearing the way for the turnaround model to be used in the future.

“There’s not enough time to get it done for this fall. These schools have to be ready to be open in September,” Pestana said.

Opening successfully in the fall is likely to be a challenge for some of the schools. The turnaround tug-of-war has left many of the schools without a clear tally of who works in them or what their needs will be in September.

“It is now time to prepare the teachers, principals and school communities for the opening of school and we hope that the mayor will spend as much effort on helping struggling schools succeed as he does on his own political needs,” United Federation of Teachers President Michael Mulgrew said in a statement.

The United Federation of Teachers’ top lawyer, Adam Ross, said after the hearing that the department could carry out different plans to improve the schools, including those that were underway at most of them before the city turned to turnaround.

“Most of what the DOE proposed to do for these turnaround plans were part of the DOE’s original ‘transformation’ and ‘restart’ plans, and there is absolutely nothing in the contracts that prevents them from implementing them,” Ross said. “We encourage the Department of Education to do what it can to help every school succeed. If they have actions they want to take in these schools, whether it be curriculum or other changes, they’re free to do so.”

Earlier today, Chancellor Dennis Walcott said the department had taken a wait-and-see approach to planning for the schools.

“I have two plans in place and we’ve been operating waiting to see what the decisions will be. If we lose, we’ll put a plan in place. My staff have been working extremely hard and have been looking at a variety of scenarios, budget situations, staffing situations,” he told reporters while visiting a summer dance program in Washington Heights.

“The vision, the goals of the school, trying to create a new atmosphere at those schools — all those things will be pushed aside,” Walcott said. “Our goal is to make sure we provide a high-quality education for the 30,000 students who attend these schools. Unfortunately, that may not happen.”

Another Request Sent By Betsy Combier Concerning F11,129 For Records of the Mandatory 3020-a Meeting Held on February 24, 2015

RE: F11,129
response 2 messages Betsy Combier Tue, Apr 14, 2015 at 11:59 PM
To: Baranello Joseph , Betsy Combier , rfreeman@dos.state.ny.us

Dear Mr. Baranello,

I sent you an email on April 14, 2015, requesting clarification of your demand that I tell you how much I was willing to pay your employee at $29.95/hr for documents, emails and records of the February 24, 2015 meeting on 3020-a arbitration held at your offices at 52 Chambers Street. Please see my blog, and the original email request forwarded above.

Betsy Combier Asks FOIL Officer Joe BaranelloTo Clarify the Fees of $29.95/hr For F11,129

http://nycrubberroomreporter.blogspot.com/2015/04/betsy-combier-asks-foil-officer-joe.html

The Freedom of Information number for the requested meeting records has been given the

 

Attorney Adam Ross and Former UFT VP Mike Mendel

 FOIL # 11,129. This meeting was set up by Adam Ross, UFT lawyer, and by your colleague and Supervisor (also the Appeals Officer of FOIL requests) Courtenaye Jackson-Chase.

NYC DOE General Counsel Courtenaye Jackson-Chase

If I had simply given you an amount I would be willing to pay, I could be precluded from any documents above that fee, and denied my choice. For instance, if I told you I would pay for 10 hours, $299.50, then you could pick through the documents available, and tell me that the 10 hours were spent on retrieving those documents, thank you and goodbye. But I would be denied any other documents related to my request due to the fact that I said I would pay for 10 hours, and you would effectively withhold any related documents that you wanted to withhold and tell me I didnt want to pay for them, because I told you I would only pay for 10 hours of your employee's search, at $29.95/hour.

As this mandatory meeting on 3020-a included all the NYC Panel arbitrators, NYSUT attorneys and DOE attorneys involved (no private attorneys) and as this is not a NYC DOE agency-only meeting and this meeting is open to public access (the arbitrators and NYSUT attorneys are not DOE employees), I asked you to explain your fees of $29.95/hour to access the documents and emails related to the creation of this meeting.

In any case, I asked you to reply to me no later than 5PM on April 17, 2015, so that I could get the documents on April 22, 2015. I received no response.

 

Now that you did not answer my request for clarification, I am left with the assumption that you are not going to give me the documents, as I have not given you the amount I would be willing to pay.

 

Therefore, I am sending this email and posting this email on my blog as Notice to your Supervisor, Courtenaye Jackson-Chase, that on April 22, 2015 I will formally appeal all of this, and add this to my lawsuit against you currently on for depositions in the Supreme Court. See The Second "Who Are You Kidding Award" Goes To Dennis Walcott

 

I respectfully suggest that you are retaliating against me for making my request for documents of this February 24th meeting, for placing your Facebook page on my blog, and for suing you for the almost 2-year delay in obtaining the contract of former Chancellor Dennis Walcott.

Please give me the fee for documents, emails and records requested, with details of each and every document and email, no later than 5PM on April 20, 2015.

Thank you in advance,

Betsy Combier

The UFT and NYC Department of Education Deny Due Process Rights To ATRs

In my opinion (I can have one, this is my blog), both the United Federation of Teachers and the New York City Department of Education are liable for damages for the tortious interference with business and contract of tenured teachers.

This is especially true for teachers pushed into ATR status. ATR means "absent teacher reserve", where licensed, certified employees suddenly become substitute teachers who go from school to school weekly, do not know who the students are, or the curriculum in the classes they are put into, teach out of license, never see any Individualized Education Plans (IEPs) or SOHO (suspension/discipline histories) reports, and can provide no witness testimony except their own when charged with misconduct. I have been hired to defend teachers who have fired their NYSUT attorneys after they hear that they cannot have any witnesses testify at 3020-a.:

See an email from NYSUT Attorney Paul Brown, to a client who fired him when she received this:

"From: Paul Brown <pbrown@nysutmail.org>
To:
Sent: Wed,  2013
Subject: Re: - WITNESSES

I have an ethical obligation not to put on witnesses that I believe will be damaging to your case.  I have confirmed with one of my supervisors and with several colleagues at my office that the witnesses you suggested will offer little, if any, substantive value and will open the door to many more potential problems. .....

 

Please call me should you have any further questions.

Paul K. Brown

New York State United Teachers

(212) 533-6300 Ext. 168"

 

NO WITNESSES????? That will get you fired and forever guilty of the charges filed against you. 

Also, when I asked UFT Rep. Barbara Mylite ( 718-275-4400) to appear at the 3020-a arbitration of a member who had worked with her on a U-rating appeal, Barbara told me to have the attorney on the case call Adam Ross at the UFT main office and speak with him. Adam said that he would not permit any Rep. to appear at a 3020-a, even if subpoenaed, because this was a conflict of interest.

This is what ATRs are told by their NYSUT attorneys when they - the UFT member turned into an ATR -  are brought to 3020-a. The NYSUT Attorney says, "who are you going to bring in? WHO are the parents? What are the names of the students in your class? How do you expect me to contact them? Did they know your name?"

You, an ATR, don't know the answers to these questions, because you were charged after you were with the children 1-5 days!!!! You are a sitting duck for some kind of penalty from an arbitrator who hears from the children under your supervision for a couple of hours.

The DOE "convinces" these children that they "should" complain, and the parents get upset, and boom. You are re-assigned, charged, and the children are given a pizza for lunch or their parents are promised a higher grade if they testify.

You get a quickie "trial" of 2-3 days, where the DOE Attorney brings in the students who supposedly saw you allegedly rape, maim, throw a fellow student, etc.  The arbitrator has no witnesses from your defense who could verify your testimony, does not believe you, and you are fined and/or terminated. What a farce. Everyone benefits financially except you. The lawyers get paid, the arbitrator gets paid, and you pay a fine. Where does the fine go? I filed a freedom of information request to find out both at the state and city levels. No one "knows", or no one is telling. This is outrageous.

By the way, if you are not terminated at 3020-a - and my clients are usually not terminated - you automatically become an ATR and on the no hire list of the Office of Personnel Investigations (OPI). Your file is tagged with a problem code. Gina Martinez is the Deputy  Director (from LinkedIn).:

Gina Martinez

Deputy Director at NYC Department of Education

Location

Greater New York City Area

Industry

Government Administration

	NYC Department of Education
	NYC Department of Education, Bronx County District Attorney Office, Weitz & Luxenberg

 

When a UFT member is charged with 3020-a, NYSUT does not defend, but simply goes to the least amount of effort to look like they are. In 1958 Willard Wirtz wrote a paper titled "Due Process of Arbitration" for the National Academy of Arbitrators and in it he argued that arbitrators had an obligation to exercise their authority "with a 'due' regard to the balancing of the two kinds of interests, individual and group interests. In NYC, the UFT and NYSUT control access to arbitration at the grievance level and leave members without an effective remedy for an employer's contract breach. (ADR in the Workplace, Cooper, Nolan and Bales, p. 218).

NYSUT defends the UFT, not individuals or individual rights.

When U-ratings and misconduct reach the 3020-a level, the same applies, customarily, and the contractual violations are ignored so that the member is left without a defense. What contractual rights are we talking about? The right to have gainful employment, life, liberty and the pursuit of happiness.

I'll give you an example.

Currently, ATRs have no right to representation. They do not have a chapter or a chapter leader. If a UFT member wins his/her 3020-a and is not terminated (termination after 3020-a  is only common if you have a NYSUT Attorney and you are African-American), then this person never goes back to their licensed position, but "automatically" becomes an ATR. Who dreamed this up???? Why does the UFT allow this????.

This is what the current status of teachers pushed into being ATRs is all about, and should not be happening, but, as a respected Attorney/Arbitrator told me, "the UFT and DOE have not been challenged ".

Well, now they are. My organization is gathering names for a lawsuit to be filed in the fall to help ATRs regain their rights. So, all people charged should, within 90 days, file a Notice of Claim.

A notice of claim is required as a condition precedent to commencing an action against an employee of the New York City Department of Education (Education Law § 3813[2]; General Municipal Law § 50–i), when the conduct complained of was engaged in as part of defendant's employment or in the scope of his/her employment (Radvany v. Jones, 184 A.D.2d 349 [1992]; see also Hale v. Scopac, 74 AD3d 1906 [2010]; DeRise v. Kreinik, 10 AD3d 381, 382 [2004] ).

I'm not an attorney, so this is not "legal" advice, but I have read hundreds of law books, I go to a law library often, and I read cases filed in State and Federal Courts. Constantly. And, I speak about all that is going on to anyone who contacts me. There should be no secrecy.

The UFT representatives are not supporting the members. I provide assistance to UFT members who are charged with 3020-a, and I am part of the wheeling and dealing that goes on behind the scene. When trying to settle a case, I always throw in that my client does not want to be an ATR. The DOE response: "sorry, all Respondents who are not terminated automatically become ATRs".

Really? Who says?

The UFT and the DOE, that's who.

Betsy Combier
President, ADVOCATZ
212-794-8902

August 3, 2014

City tries to cut down teachers without permanent jobs

By Susan Edelman

The city is trying to reduce a stockpile of 1,131 outcast teachers on the payroll without permanent jobs — first by offering buyouts, then assigning them to school vacancies.

But the efforts will barely make a dent in the Absent Teacher Reserve, which costs taxpayers $100 million a year, critics say.

Educators in the reserve pool, known as ATRs, mainly rotate from school to school as substitutes. They have until Monday to accept severance offers, with the maximum buyout — for a teacher with at least 20 years experience and the current top salary of $100,049 — of 10 weeks pay, or $19,240.

Many ATRs call the offer “insulting,” and experts predict few will bite.

Starting Oct. 15, ATRs also “will be given a temporary provisional assignment” in schools with vacancies in their license ­areas, the Department of Education agreed in the new teachers contract.

But despite the contract’s strong wording, DOE officials say principals have “no obligation to use them in a vacancy,” and can always toss them back into the ATR pool.

“There is no forced placement of these teachers,” said DOE spokesman Harry Hartfield.

ATRs and critics doubt the city’s plans will break the costly logjam.

“There’s nothing in there that’s going to get rid of the ATR pool. The only way to do that is simple — place us,” said James Eterno, a 28-year social-studies teacher who became an ATR in June when Jamaica HS closed.

“It’s frustrating looking for work like I just got out of college,” he said.

Before 2005, principals had to hire excess teachers before recruiting new ones. Under then-Mayor Bloomberg, principals gained sole discretion in hiring, thus causing the ­excess pool to balloon.

Higher-paid ATRs say principals have snubbed them in favor of rookies at starting pay because teacher salaries come out of a school’s budget.

While many ATRs lost their jobs in school downsizings or closures, a growing number are branded with a “problem code” after the DOE tried unsuccessfully to fire them. In the past two years, hearing officers have slapped at least 221 teachers with fines and suspensions for misconduct or incompetence — and most were sent into the ATR pool.